Chapter 260 — Campaign Finance Regulation; Election Offenses
2025 EDITION
CAMPAIGN FINANCE REGULATION; OFFENSES
ELECTIONS
ELECTION CAMPAIGN FINANCE REGULATION
(Generally)
260.005 Definitions
260.006 Definitions for ORS 260.006 to 260.021, 260.059, 260.061, 260.266 and 260.416
260.007 Exclusions from definitions of “contribution” and “expenditure”
260.009 Contributions made by multiple membership organizations controlled by same person
260.011 Prohibition on using cryptocurrency to make contribution
260.012 Prohibition on acceptance of physical currency over $100 as contribution
260.014 Permissible contributors; permissible local government contribution limits; limits on acceptance of contributions by specified office; limits on contributions by specified entity; rules
260.016 Prohibition on control of more than one specified entity; exemptions for certain in-kind contributions from contribution limits; rules
260.018 Permissible uses of unexpended funds; limit on unexpended funds to carry forward; day on which unexpended funds in excess of limit may not be carried forward
260.021 Campaign Finance Education Fund established
260.034 Deadline for incumbent seeking reelection to file petition or declaration
(Treasurers, Statements of Organization and Accounts)
260.035 Treasurer and statement of organization for political committees and candidates; change in information
260.037 Liability of candidate or treasurer for default or violation of treasurer obligations
260.038 Treasurer of more than one candidate or committee; replacement of treasurer
260.039 Content of statement of organization of candidate or principal campaign committee
260.041 Principal campaign committee
260.042 Content of statement of organization of political committee; designation of individual to receive notice; designation of elector to be liable for civil penalty; deadline for filing statement; change in information in statement
260.043 Exemptions for candidate who expects neither contributions nor expenditures to exceed $1,500 or $5,000; exemptions; rules
260.044 Statement of independent expenditures; when person considered political committee or principal campaign committee; electronic filing; time frames; rules
260.046 Discontinuance of statement of organization; rules
260.049 Reports to be filed by certain corporations; rules
260.052 Political committee identification number
260.054 Political committee campaign account; petition committee petition account
260.055 Accounts of contributions and expenditures; inspection; preservation
260.056 Written loan agreement; preservation of agreement
(Statements of Contributions and Expenditures)
260.057 Electronic campaign finance filing system; schedule for filing; Internet availability; exclusions; rules
260.059 Addition to electronic filing system for independent expenditures; use of addition by specified persons; required disclosure of specified contributors; rules
260.061 Information to be released on campaign finance dashboard; biannual review and report; rules
260.064 In-kind contribution from candidate, political committee or petition committee; insufficient filing; updated information
260.076 Statements of contributions received during session of Legislative Assembly
260.078 Reporting contributions and expenditures not previously reported
260.083 Contents of statements
260.085 Listing of occupation of contributor; procedure when occupation is unknown
260.095 Reporting expenditures that are both in-kind contributions and expenditures; notice to candidate or committee; process; rules
260.112 Filing of certificate by candidate or treasurer of political committee or petition committee who expects neither contributions nor expenditures to exceed $5,000; schedule
260.118 Treasurer and statement of organization of petition committee; filing electronic statements of contributions and expenditures; schedule; rules
260.156 Determining and reporting expenditures and contributions; rules
260.163 County or city campaign finance provisions
(Administration and Enforcement)
260.200 Accounts, forms, material to be retained and material not subject to disclosure; rules
260.205 Inspection of statements; notice of failure to file correct statements; complaints; sufficiency of response
260.215 Periodic examination and investigation of statements
260.218 Subpoena authority; procedure to compel compliance
260.225 Court proceedings to compel filing of correct statements; attorney fees
260.232 Civil penalty for failure to file statement or to include required information; notice
260.234 Notice of civil penalty; sufficiency of response; timeline for action by filing officer
260.241 Removal from general election ballot for failure to file statement; notice to candidate
260.245 Withholding certificate of election or certificate of nomination for failure to file statement
260.255 Preservation of filed statements by filing officers; maintenance of data filed electronically; rules
260.262 Accounts of chief petitioners; review and inspection; preservation of accounts; disclosure as public record; rules
260.264 Education and assistance regarding campaign finance laws
(Disclosure of Source of Communication or Donation)
260.266 Statement of persons who paid for communication in support of or in opposition to clearly identified candidate; requirements; rules
260.268 Campaign communication to disclose use of synthetic media; process to enjoin violation; civil penalty as exclusive remedy; exclusions from disclosure requirement
260.269 Rules for synthetic media disclosures
ELECTION OFFENSES
(Administration and Enforcement)
260.315 Distribution of copies of law
260.345 Complaints or other information regarding violations; action by Secretary of State and Attorney General
260.351 Court proceedings for election law violations
260.355 Deprivation of nomination or office for deliberate and material election violation
260.365 Election or appointment after deprivation of nomination or office for violation
260.368 Investigations of violations of prohibition on payment based on number of signatures obtained on petition
(Particular Offenses)
260.402 Contribution in false name; prohibition on establishment of entity to obscure original source of funds
260.407 Use of contributed amounts for certain purposes
260.409 Prohibition on use of contributions for professional services rendered by candidate
260.413 Prohibition on committee providing consideration in connection with nondisclosure agreement relating to workplace harassment
260.416 Prohibitions regarding campaign contributions and independent expenditures
260.422 Prohibition on acceptance of employment where compensation to be contributed
260.432 Prohibition on certain requirements of public employees; activities of public employees during working hours; exceptions
260.532 Prohibition on publication of false statement relating to candidate or measure; civil action; damages; other remedies; limitation on action
260.537 Prohibition on publication of false statement intended to mislead electors; civil action; penalties
260.550 Use of term “incumbent”
260.555 Prohibitions relating to petitions
260.556 Secretary of State prohibited from counting petition signatures obtained by certain persons
260.558 Payment for signing or not signing initiative, referendum or recall petition; sale or purchase of signature sheets
260.561 Liability of certain chief petitioners for violations committed by persons obtaining signatures on petition; exceptions
260.563 Liability of contractor obtaining signatures on petition for violations committed by subcontractor; exceptions
260.567 Alteration of information on petition signature sheet; exceptions
260.569 Prohibition on payment based on signatures obtained on nominating petition or voter registration card
260.575 Prohibition on use of threats and intimidation for purpose of extorting money
260.635 Prohibition on bets and wagers on election results
260.645 Illegal acts relating to voting machines or vote tally systems
260.665 Undue influence to affect registration, voting, candidacy, signing petitions; solicitation of money or other benefits
260.675 Prohibition on distribution of ballots by certain persons
260.685 Elections official compliance with directives of Secretary of State
260.695 Prohibitions relating to voting
260.705 Prohibition on premature release of vote tally
260.715 Prohibited conduct
PENALTIES
260.993 Criminal penalties
260.995 Civil penalties; procedure and notice requirements; hearing; payment of penalty
ELECTION CAMPAIGN FINANCE REGULATION
(Generally)
260.005 Definitions. As used in this chapter:
(1)(a) “Candidate” means:
(A) An individual whose name is printed on a ballot, for whom a declaration of candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is expected to be or has been presented, with the individual’s consent, for nomination or election to public office;
(B) An individual who has solicited or received and accepted a contribution, made an expenditure, or given consent to an individual, organization, political party or political committee to solicit or receive and accept a contribution or make an expenditure on the individual’s behalf to secure nomination or election to any public office at any time, whether or not the office for which the individual will seek nomination or election is known when the solicitation is made, the contribution is received and retained or the expenditure is made, and whether or not the name of the individual is printed on a ballot; or
(C) A public office holder against whom a recall petition has been completed and filed.
(b) For purposes of this section and ORS 260.035 to 260.156, “candidate” does not include a candidate for the office of precinct committeeperson.
(2) “Committee director” means any person who directly and substantially participates in decision-making on behalf of a political committee concerning the solicitation or expenditure of funds and the support of or opposition to candidates or measures. The officers of a political party shall be considered the directors of any political party committee of that party, unless otherwise provided in the party’s bylaws.
(3) Except as provided in ORS 260.007, “contribute” or “contribution” includes:
(a) The payment, loan, gift, forgiving of indebtedness, or furnishing without equivalent compensation or consideration, of money, services other than personal services for which no compensation is asked or given, supplies, equipment or any other thing of value:
(A) For the purpose of influencing an election for public office or an election on a measure, or of reducing the debt of a candidate for nomination or election to public office or the debt of a political committee; or
(B) To or on behalf of a candidate, political committee or measure; and
(b) The excess value of a contribution made for compensation or consideration of less than equivalent value.
(4) “Controlled committee” means a political committee that, in connection with the making of contributions or expenditures:
(a) Is controlled directly or indirectly by a candidate or a controlled committee; or
(b) Acts jointly with a candidate or controlled committee.
(5) “Controlled directly or indirectly by a candidate” means:
(a) The candidate, the candidate’s agent, a member of the candidate’s immediate family or any other political committee that the candidate controls has a significant influence on the actions or decisions of the political committee; or
(b) The candidate’s principal campaign committee and the political committee both have the candidate or a member of the candidate’s immediate family as a treasurer or director.
(6) “County clerk” means the county clerk or the county official in charge of elections.
(7) “Elector” means an individual qualified to vote under Article II, section 2, 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)(i) The communication, when taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy for 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; and
(ii) The electoral portion of the communication is unmistakable, unambiguous and suggestive of only one meaning; or
(B)(i) The communication involves aggregate expenditures of more than $250 by a person;
(ii) The communication refers to a clearly identified candidate or measure that will appear on the ballot or to a political party; and
(iii) The communication is published and disseminated to the relevant electorate within 60 calendar days before a primary election, 120 calendar days before a general election or 90 calendar days before an election other than a primary election or a general election.
(d) “Made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate, or any political committee or agent of a political committee supporting or opposing a measure”:
(A) Means any arrangement, coordination or direction by the candidate or the candidate’s agent, or by any political committee or agent of a political committee supporting or opposing a measure, prior to the publication, distribution, display or broadcast of the communication. An expenditure shall be presumed to be so made when it is:
(i) Based on information about the plans, projects or needs of the candidate, or of the political committee supporting or opposing a measure, and provided to the expending person by the candidate or by the candidate’s agent, or by any political committee or agent of a political committee supporting or opposing a measure, with a view toward having an expenditure made; or
(ii) Made by or through any person who is or has been authorized to raise or expend funds, who is or has been an officer of a political committee authorized by the candidate or by a political committee or agent of a political committee supporting or opposing a measure, or who is or has been receiving any form of compensation or reimbursement from the candidate, the candidate’s principal campaign committee or agent or from any political committee or agent of a political committee supporting or opposing a measure.
(B) Does not mean providing to the expending person upon request a copy of this chapter or any rules adopted by the Secretary of State relating to independent expenditures.
(11) “Initiative petition” means a petition to initiate a measure for which a prospective petition has been filed but that is not yet a measure.
(12) “Judge” means judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court.
(13) “Mass mailing” means more than 200 substantially similar pieces of mail, but does not include a form letter or other mail that is sent in response to an unsolicited request, letter or other inquiry.
(14) “Measure” includes any of the following submitted to the people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(15) “Occupation” means:
(a) The nature of an individual’s principal business; and
(b) If the individual is employed by another person, the business name and address, by city and state, of the employer.
(16) “Person” means an individual, corporation, limited liability company, labor organization, association, firm, partnership, joint stock company, club, organization or other combination of individuals having collective capacity.
(17) “Petition committee” means an initiative, referendum or recall petition committee organized under ORS 260.118.
(18) “Political committee” means a combination of two or more individuals, or a person other than an individual, that has:
(a) Received a contribution for the purpose of supporting or opposing a candidate, measure or political party; or
(b) Made an expenditure for the purpose of supporting or opposing a candidate, measure or political party. For purposes of this paragraph, an expenditure does not include:
(A) A contribution to a candidate or political committee that is required to report the contribution on a statement filed under ORS 260.057 or 260.076 or a certificate filed under ORS 260.112; or
(B) An independent expenditure for which a statement is required to be filed by a person under ORS 260.044.
(19) “Public office” means any national, state, county, district, city office or position, except a political party office, that is filled by the electors.
(20) “Recall petition” means a petition to recall a public officer for which a prospective petition has been filed but that is not yet a measure.
(21) “Referendum petition” means a petition to refer a measure for which a prospective petition has been filed but that is not yet a measure.
(22) “Regular district election” means the regular district election described in ORS 255.335.
(23) “State office” means the office of Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, state Senator, state Representative, judge or district attorney. [1971 c.749 §1; 1973 c.744 §1; 1975 c.683 §6; 1977 c.678 §1; 1979 c.190 §339; 1983 c.350 §81; 1983 c.392 §8; 1985 c.808 §52; 1987 c.727 §1; 1989 c.80 §1; 1989 c.503 §41; 1991 c.87 §4; 1991 c.719 §61; 1993 c.18 §44; 1993 c.493 §52; 1993 c.710 §1; 1993 c.797 §30; 1995 c.1 §1; 1995 c.607 §56; 1997 c.249 §77; 1999 c.318 §42; 1999 c.999 §1; 2001 c.82 §11; 2003 c.542 §9; 2005 c.797 §1; 2005 c.809 §§20,21; 2007 c.848 §28; 2009 c.818 §1; 2011 c.652 §3; 2011 c.731 §16; 2013 c.756 §8; 2013 c.758 §1; 2017 c.419 §1; 2018 c.70 §14; 2019 c.637 §7]
Note: The amendments to 260.005 by section 10, chapter 9, Oregon Laws 2024, become operative January 1, 2027. See section 23, chapter 9, Oregon Laws 2024. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience.
260.005. As used in this chapter:
(1)(a) “Candidate” means:
(A) An individual whose name is printed on a ballot, for whom a declaration of candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is expected to be or has been presented, with the individual’s consent, for nomination or election to public office;
(B) An individual who has solicited or received and accepted a contribution, made an expenditure, or given consent to an individual, organization, political party or political committee to solicit or receive and accept a contribution or make an expenditure on the individual’s behalf to secure nomination or election to any public office at any time, whether or not the office for which the individual will seek nomination or election is known when the solicitation is made, the contribution is received and retained or the expenditure is made, and whether or not the name of the individual is printed on a ballot; or
(C) A public office holder against whom a recall petition has been completed and filed.
(b) For purposes of this section and ORS 260.035 to 260.156, “candidate” does not include a candidate for the office of precinct committeeperson.
(2) “Committee director” means any person who directly and substantially participates in decision-making on behalf of a political committee concerning the solicitation or expenditure of funds and the support of or opposition to candidates or measures. The officers of a political party shall be considered the directors of any political party committee of that party, unless otherwise provided in the party’s bylaws.
(3) Except as provided in ORS 260.007, “contribute” or “contribution” includes:
(a) The payment, loan, gift, forgiving of indebtedness, or furnishing without equivalent compensation or consideration, of money, services other than personal services for which no compensation is asked or given, supplies, equipment or any other thing of value:
(A) For the purpose of influencing an election for public office or an election on a measure, or of reducing the debt of a candidate for nomination or election to public office or the debt of a political committee; or
(B) To or on behalf of a candidate, political committee or measure;
(b) The excess value of a contribution made for compensation or consideration of less than equivalent value; and
(c) An expenditure by a person for a communication in support of or in opposition to a clearly identified candidate or measure that is 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.
(4) “Controlled committee” means a political committee that, in connection with the making of contributions or expenditures:
(a) Is controlled directly or indirectly by a candidate or a controlled committee; or
(b) Acts jointly with a candidate or controlled committee.
(5) “Controlled directly or indirectly by a candidate” means:
(a) The candidate, the candidate’s agent, a member of the candidate’s immediate family or any other political committee that the candidate controls has a significant influence on the actions or decisions of the political committee; or
(b) The candidate’s principal campaign committee and the political committee both have the candidate or a member of the candidate’s immediate family as a treasurer or director.
(6) “County clerk” means the county clerk or the county official in charge of elections.
(7) “Elector” means an individual qualified to vote under Article II, section 2, 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 and subsection (3) of this section:
(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)(i) The communication, when taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy for 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; and
(ii) The electoral portion of the communication is unmistakable, unambiguous and suggestive of only one meaning; or
(B)(i) The communication involves aggregate expenditures of more than $250 by a person;
(ii) The communication refers to a clearly identified candidate or measure that will appear on the ballot or to a political party; and
(iii) The communication is published and disseminated to the relevant electorate within 60 calendar days before a primary election, 120 calendar days before a general election or 90 calendar days before an election other than a primary election or a general election.
(d) “Made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate, or any political committee or agent of a political committee supporting or opposing a measure”:
(A) Means any arrangement, coordination or direction by the candidate or the candidate’s agent, or by any political committee or agent of a political committee supporting or opposing a measure, prior to the publication, distribution, display or broadcast of the communication. An expenditure shall be presumed to be so made when it is:
(i) Based on information about the plans, projects or needs of the candidate, or of the political committee supporting or opposing a measure, and provided to the expending person by the candidate or by the candidate’s agent, or by any political committee or agent of a political committee supporting or opposing a measure, with a view toward having an expenditure made; or
(ii) Made by or through any person who is or has been authorized to raise or expend funds, who is or has been an officer of a political committee authorized by the candidate or by a political committee or agent of a political committee supporting or opposing a measure, or who is or has been receiving any form of compensation or reimbursement from the candidate, the candidate’s principal campaign committee or agent or from any political committee or agent of a political committee supporting or opposing a measure.
(B) Does not mean providing to the expending person upon request a copy of this chapter or any rules adopted by the Secretary of State relating to independent expenditures.
(11) “Initiative petition” means a petition to initiate a measure for which a prospective petition has been filed but that is not yet a measure.
(12) “Judge” means judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court.
(13) “Mass mailing” means more than 200 substantially similar pieces of mail, but does not include a form letter or other mail that is sent in response to an unsolicited request, letter or other inquiry.
(14) “Measure” includes any of the following submitted to the people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(15) “Occupation” means:
(a) The nature of an individual’s principal business; and
(b) If the individual is employed by another person, the business name and address, by city and state, of the employer.
(16) “Person” means an individual, corporation, limited liability company, labor organization, association, firm, partnership, joint stock company, club, organization or other combination of individuals having collective capacity.
(17) “Petition committee” means an initiative, referendum or recall petition committee organized under ORS 260.118.
(18) “Political committee” means a combination of two or more individuals, or a person other than an individual, that has:
(a) Received a contribution for the purpose of supporting or opposing a candidate, measure or political party; or
(b) Made an expenditure for the purpose of supporting or opposing a candidate, measure or political party. For purposes of this paragraph, an expenditure does not include:
(A) A contribution to a candidate or political committee that is required to report the contribution on a statement filed under ORS 260.057 or 260.076 or a certificate filed under ORS 260.112; or
(B) An independent expenditure for which a statement is required to be filed by a person under ORS 260.044.
(19) “Public office” means any national, state, county, district, city office or position, except a political party office, that is filled by the electors.
(20) “Recall petition” means a petition to recall a public officer for which a prospective petition has been filed but that is not yet a measure.
(21) “Referendum petition” means a petition to refer a measure for which a prospective petition has been filed but that is not yet a measure.
(22) “Regular district election” means the regular district election described in ORS 255.335.
(23) “State office” means the office of Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, state Senator, state Representative, judge or district attorney.
260.006 Definitions for ORS 260.006 to 260.021, 260.059, 260.061, 260.266 and 260.416. As used in ORS 260.006 to 260.021, 260.059, 260.061, 260.266 and 260.416:
(1) “Election” means an election at which one or more candidates compete to be elected to a public office.
(2)(a) “Election cycle,” except as provided in paragraph (b) of this subsection, means the period starting on January 1 of an odd-numbered year and ending on December 31 of an even-numbered year.
(b) “Election cycle,” for an election contest that does not occur on the date of a general election, means the period starting on the day after the date of an election at which a candidate is elected to public office and ending on the date of the next election for the same office, regardless of any other elections that occur during that period.
(3) “Legislative caucus committee” means a political committee established by a caucus of a political party in the Oregon Senate or the Oregon House of Representatives that is controlled by an elected leader of the caucus that established the committee. A political party may not establish more than one legislative caucus committee in each chamber of the Legislative Assembly.
(4) “Measure political committee,” “multicandidate political committee,” “political party multicandidate committee,” “recall political committee” and “small donor political committee” have the meanings given those terms in ORS 260.042.
(5) “Membership organization” means an organization that:
(a)(A) Is tax exempt under section 501(c) of the Internal Revenue Code;
(B) Has filed all necessary materials to obtain tax exempt status under section 501(c) of the Internal Revenue Code with the federal Internal Revenue Service and has been in existence for at least 18 months; or
(C) Is fiscally sponsored by an organization that is tax exempt under section 501(c) of the Internal Revenue Code; and
(b) Is composed of members, either individuals or entities, who:
(A) Have taken action to join the organization; and
(B) For each year of membership, on an annual or more frequent basis, either pay monetary membership dues, make a monetary donation as a condition of maintaining membership in the organization or volunteer time as a condition of maintaining membership in the organization.
(6) “Membership organization political committee” means a political committee that has been established by a membership organization. A membership organization may only have one membership organization political committee. [2024 c.9 §2]
Note: 260.006 becomes operative January 1, 2027. See section 23, chapter 9, Oregon Laws 2024.
260.007 Exclusions from definitions of “contribution” and “expenditure.” As used in this chapter, “contribute,” “contribution,” “expend” or “expenditure” does not include:
(1) Any written news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine or other regularly published publication, unless a political committee owns the facility.
(2) An individual’s use of the individual’s own personal residence, including a community room associated with the individual’s residence, to conduct a reception for a candidate or political committee and the individual’s cost of invitations, food and beverages provided at the reception.
(3) A vendor’s sale of food and beverages for use in a candidate’s or political committee’s campaign at a charge less than the normal comparable charge, if the charge is at least equal to the cost of the food or beverages to the vendor.
(4) Any unreimbursed payment for travel expenses an individual, including a candidate, makes on behalf of a candidate or political committee.
(5) Any loan of money made by a financial institution as defined in ORS 706.008, other than any overdraft made with respect to a checking or savings account, if the loan bears the usual and customary interest rate for the category of loan involved, is made on a basis that ensures repayment, is evidenced by a written instrument and is subject to a due date or amortization schedule. However, each indorser or guarantor of the loan shall be considered to have contributed that portion of the total amount of the loan for which that person agreed to be liable in a written agreement, except if the indorser or guarantor is the candidate’s spouse.
(6) Nonpartisan activity designed to encourage individuals to vote or to register to vote, including but not limited to activity that is allowed for a not-for-profit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code.
(7) Any communication a membership organization or corporation makes to its members, shareholders or employees if the membership organization or corporation is not organized primarily for the purpose of influencing an election.
(8) The payment of compensation for legal and accounting services rendered to a candidate or political committee if the person paying for the services is the regular employer of the individual rendering the services and the services are solely for the purpose of ensuring compliance with the provisions of this chapter.
(9) The payment by a state or local committee of a political party of the costs of preparation, display or mailing or other distribution incurred by the committee with respect to a printed slate card or sample ballot, or other printed listing, of three or more candidates for any public office for which an election is held in this state. This subsection does not apply to costs incurred by the committee with respect to a display of any such listing made on broadcasting stations or in newspapers, magazines or similar types of general public political advertising.
(10) A candidate debate or forum for a state office, or a communication publicizing a candidate debate or forum for a state office, when candidates for the state office are invited to participate in the candidate debate or forum based on neutral criteria that are publicized in advance of the invitation.
(11) The following nonpartisan communications that refer to a candidate or political party within 30 calendar days before a primary election or 60 calendar days before a general election:
(a) The publication of a nonpartisan voters’ guide that:
(A) Is permitted to be published by a not-for-profit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code; or
(B) With respect to each state office referenced in the voters’ guide:
(i) Includes information from all major political party candidates for the state office referenced; or
(ii) Offers all major political party candidates for the state office referenced a reasonable opportunity to be included in the voters’ guide.
(b) A commercial communication that depicts a candidate’s name, image, likeness or voice only in the candidate’s capacity as owner, operator or employee of a business that existed prior to the candidate’s declaration of candidacy.
(c) Official publications produced or distributed by public employees while on the job during working hours.
(d) A communication by a labor union, membership organization or corporation to its members, stockholders or executive or administrative personnel.
(e) Any other nonpartisan communication identified by the Secretary of State by rule. [1995 c.1 §2; 1997 c.631 §429; 1999 c.999 §2; 2005 c.797 §2; 2007 c.71 §79; 2017 c.419 §2; 2023 c.600 §21]
Note: 260.007 was added to and made a part of ORS chapter 260 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
260.009 Contributions made by multiple membership organizations controlled by same person. (1)(a) For purposes of the contribution limits established in ORS 260.014 and 260.016, contributions made or donations received by multiple membership organizations are considered to be made or received by a single membership organization, if the membership organizations are established, financed, maintained or controlled by the same person or substantially the same group of persons, including any parent, subsidiary, branch, division, department or local unit of the person or group of persons.
(b) Notwithstanding paragraph (a) of this subsection, the same person acting as a director or officer of two or more membership organizations is not by itself sufficient to consider contributions made or donations received by the membership organizations to be contributions made or received by a single membership organization.
(c) Notwithstanding paragraph (a) of this subsection, membership organizations may not be considered established, financed, maintained or controlled by the same person or within the same group of persons if the membership organizations have the authority to make independent decisions as to which candidates, if any, to support or oppose.
(2) A membership organization may make political contributions directly or through a membership organization political committee, but may not make aggregate contributions that exceed the contribution limits of ORS 260.014 and 260.016. [2024 c.9 §3]
Note: 260.009 becomes operative January 1, 2027. See section 23, chapter 9, Oregon Laws 2024.
260.010 [Amended by 1969 c.279 §2; 1971 c.749 §25; renumbered 260.305]
260.011 Prohibition on using cryptocurrency to make contribution. (1) A person may not make a contribution to a political candidate, a political committee or a petition committee using cryptocurrency.
(2) As used in this section, “cryptocurrency” means digital or virtual currency that relies on cryptography to effect transfers and a decentralized network to record transactions. [2019 c.50 §3]
Note: 260.011 was added to and made a part of ORS chapter 260 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
260.012 Prohibition on acceptance of physical currency over $100 as contribution. A candidate, political committee or a petition committee may not accept aggregate contributions from a single source of more than $100 per calendar year in the form of physical currency of the United States or of any other country. [2023 c.600 §6]
Note: 260.012 was added to and made a part of ORS chapter 260 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
260.014 Permissible contributors; permissible local government contribution limits; limits on acceptance of contributions by specified office; limits on contributions by specified entity; rules. (1)(a) A candidate for state office or the principal campaign committee of a candidate for state office may accept contributions only from the sources and in the amounts described in this section.
(b) An in-kind contribution under this section may only be made by a contributor that is authorized to make a contribution under this chapter and may only be received by a political committee.
(c) Except as provided in paragraph (d) of this subsection, the limits on aggregate contributions that may be accepted by a candidate or the principal campaign committee of a candidate for the office of state Representative under this section also apply to a candidate or the principal campaign committee of a candidate for any public office that is not a state office.
(d)(A) Any local government that, as of January 1, 2024, had a system of contribution limits in effect for local elections may maintain or adopt contribution limits that are lower than those required by this section and may limit the sources that may make contributions to candidates in local elections, except that a local government system of contribution limits described in this subparagraph must permit small donor political committees to accept contributions from individuals of up to $250 per year, as provided in subsection (8)(a) of this section.
(B) For any local government that is not described in subparagraph (A) of this paragraph:
(i) Except as provided in subsection (8)(a) of this section, a local government may adopt contribution limits that are lower than those required by this section for elections of the local government.
(ii) Any contribution limits adopted by a local government under this subparagraph must allow a candidate or the principal campaign committee of a candidate for an election contest of the local government to accept contributions from any political committee from which a candidate or the principal campaign committee of a candidate for the office of state Representative may accept contributions under subsection (2)(a) of this section.
(C) Any local government may provide public funding for campaigns for local government public office that are not subject to contribution limits under this section or ORS 260.016.
(2) A candidate or the principal campaign committee of a candidate for the office of state Representative, state Senator, circuit court judge or district attorney:
(a) May not accept aggregate contributions in excess of $3,300 per election from a person.
(b) May not accept aggregate contributions in excess of $2,000 per election from a candidate political committee.
(c) May not accept aggregate contributions in excess of $5,000 per election cycle from a multicandidate political committee.
(d) May not accept aggregate contributions in excess of $15,000 per election from a political party committee.
(e) May not accept aggregate contributions in excess of $15,000 per election from a legislative caucus committee.
(f) May not accept aggregate contributions from a membership organization or membership organization political committee per election in excess of $3,300 times four.
(g) May not accept aggregate contributions per election from a small donor political committee in excess of $5 times the number of donors to the small donor political committee.
(3) A candidate or the principal campaign committee of a candidate for a state office not described in subsection (2) of this section:
(a) May not accept aggregate contributions in excess of $3,300 per election from a person.
(b) May not accept aggregate contributions in excess of $2,000 per election cycle from a candidate political committee.
(c) May not accept aggregate contributions in excess of $5,000 per election cycle from a multicandidate political committee.
(d) May not accept aggregate contributions in excess of $30,000 per election from a political party committee.
(e) May not accept aggregate contributions in excess of $30,000 per election from a legislative caucus committee.
(f) May not accept aggregate contributions from a membership organization or membership organization political committee per election in excess of $3,300 times eight.
(g) May not accept aggregate contributions per election from a small donor political committee in excess of $10 times the number of donors to the small donor political committee.
(4) A multicandidate political committee:
(a) May not accept aggregate contributions in excess of $5,000 per election cycle from a person.
(b) May not accept aggregate contributions in excess of $5,000 per year from a candidate political committee.
(c) May not accept aggregate contributions in excess of $5,000 per year from another multicandidate political committee.
(d) May not accept aggregate contributions in excess of $5,000 per election cycle from a political party committee.
(e) May not accept aggregate contributions in excess of $5,000 per year from a legislative caucus committee.
(f) May not accept aggregate contributions from a membership organization or membership organization political committee in excess of $5,000 per year.
(g) May not accept aggregate contributions from a small donor political committee per election in excess of $5,000 per year.
(5) A political party committee:
(a) May not accept aggregate contributions in excess of $10,000 per year from a person.
(b) May not accept aggregate contributions in excess of $5,000 per year from a candidate political committee.
(c) May not accept aggregate contributions in excess of $15,000 per year from a multicandidate political committee.
(d) May not accept aggregate contributions in excess of $15,000 per year from another political party committee.
(e) May not accept aggregate contributions in excess of $15,000 per year from a legislative caucus committee.
(f) May not accept aggregate contributions in excess of $10,000 per year from a membership organization or membership organization political committee.
(g) May not accept aggregate contributions from a small donor political committee in excess of $10,000 per year.
(6) A legislative caucus committee:
(a) May not accept aggregate contributions in excess of $10,000 per year from a person.
(b) May not accept aggregate contributions in excess of $5,000 per year from a candidate political committee.
(c) May not accept aggregate contributions in excess of $15,000 per year from a multicandidate political committee.
(d) May not accept aggregate contributions in excess of $15,000 per year from a political party committee.
(e) May not accept aggregate contributions in excess of $15,000 per year from another legislative caucus committee.
(f) May not accept aggregate contributions in excess of $10,000 per year from a membership organization or membership organization political committee.
(g) May not accept aggregate contributions from a small donor political committee in excess of $10,000 per year.
(7) Contributions to a measure political committee are not limited under this section.
(8)(a) A small donor political committee:
(A) May not accept contributions in excess of $250 per year from an individual.
(B) May not accept contributions from a candidate political committee, multicandidate political committee, political party committee, legislative caucus committee or a membership organization.
(C) May not accept contributions from another small donor political committee.
(b) The number of donors to a small donor political committee shall be determined by the number of unique individuals who have donated funds to the committee during the election cycle in which the small donor political committee donation is made.
(9) A membership organization:
(a) May accept unlimited donations from a person and from another membership organization or membership organization political committee.
(b) May not accept donations from a candidate political committee, multicandidate political committee, political party committee, legislative caucus committee or a small donor political committee.
(10) A donor may not make a contribution, or an aggregate of contributions during an applicable limitation period, to a recipient that exceeds the amount a recipient could accept under the limitations of subsections (2) to (9) of this section. This subsection does not apply to in-kind contributions described in ORS 260.016 (2).
(11)(a) A political committee may make a contribution to a candidate for state office or the principal campaign committee of a candidate for state office only if the political committee is registered with the Secretary of State as a multicandidate political committee, a political party multicandidate committee, a legislative caucus committee, a membership organization political committee, the principal campaign committee of a candidate or a small donor political committee.
(b) A measure political committee or recall political committee may not make a contribution to a candidate or the principal campaign committee of a candidate for a state office.
(12)(a) A membership organization may make in-kind contributions of up to 12 months per year of full-time staff equivalence for a campaign for the office of state Representative or state Senator and may make in-kind contributions of up to 36 months per year of full-time staff equivalence for a campaign for statewide elected office, provided that the staff time is limited to administrative support, direct voter contact, community organizing, community outreach and staff support for direct voter contact, community organizing or community outreach activities.
(b) The organization must measure full-time staff equivalence from staff or members of the organization who attest that they are not currently employed as pollsters, political consultants or candidate campaign strategists and that they have not served as a pollster, political consultant or candidate campaign strategist for at least the previous 18 months.
(c) The organization must be solely responsible for the pay, benefits, employment status and other human resources of every staff person or member of the organization facilitating contributions under this subsection.
(d) The Secretary of State shall by rule define “administrative support,” “community organizing,” “community outreach,” “direct voter contact” and “staff support” for purposes of this subsection.
(13) Nothing in this section limits the amount a candidate may contribute from the candidate’s personal funds to the candidate or the principal campaign committee of the candidate.
(14)(a) For purposes of the contribution limits established in this section, contributions made or received by multiple political committees are considered to be made or received by a single political committee if:
(A) The political committees have filed to operate as the same type of political committee under ORS 260.042; and
(B) The political committees are established, financed, maintained or controlled by the same person or substantially the same group of persons, including any parent, subsidiary, branch, division, department or local unit of the person or group of persons.
(b) Notwithstanding paragraph (a) of this subsection, independent businesses, entities, affiliates or local groups of any structure operating under the same corporate family or umbrella organization may not be considered established, financed, maintained or controlled by the same person or within the same group of persons if the independent businesses, entities, affiliates or local groups have the authority to make independent decisions as to which candidate, if any, to support or oppose.
(c) Notwithstanding paragraph (a) of this subsection, having the same person acting as the treasurer of two or more political committees is not by itself sufficient to consider contributions made by the political committees to be contributions made or received by a single political committee.
(15) For purposes of the contribution limits established in this section, contributions made by multiple persons are considered to be made or received by a single person if the persons are established, financed, maintained or controlled by the same person or substantially the same group of persons, including any parent, subsidiary, branch, division, department or local unit of the person or group of persons.
(16)(a) For purposes of candidate contributions, clubs, societies, associations, organizations or anonymous limited liability companies are not authorized contributors.
(b) This subsection does not apply to membership organizations.
(17) A candidate seeking a minor party nomination shall be considered to be participating in the primary election for the purposes of the contribution limits established in this section.
(18) The Secretary of State may adopt rules necessary to implement this section. [2024 c.9 §4]
Note: 260.014 becomes operative January 1, 2027. See section 23, chapter 9, Oregon Laws 2024.
260.016 Prohibition on control of more than one specified entity; exemptions for certain in-kind contributions from contribution limits; rules. (1)(a) A person may not control more than one of each of the following types of committees at one time:
(A) Principal campaign committee.
(B) Multicandidate political committee.
(C) Political party multicandidate committee.
(D) Small donor political committee.
(E) Membership organization political committee.
(b) A person who controls both a small donor political committee and another political committee may not split a contribution from an individual, so that part of the individual’s contribution goes to the small donor political committee and part of the contribution goes to the other political committee, unless the person is directed to do so in writing by the donor.
(2)(a) The following in-kind contributions, as determined over a 12-month period, are exempt from the contribution limits set forth in ORS 260.014 up to the limits provided or as further adjusted pursuant to subsection (3) of this section:
(A) Food and beverages up to $2,500 for all offices, except up to $5,000 for a state office subject to ORS 260.014 (3).
(B) Transportation costs up to $2,500 for all offices, except up to $5,000 for a state office subject to ORS 260.014 (3).
(C) Child care, elder care, interpretation or translation services without limitation.
(D) Small gifts that are incidental to the operation of a business up to $1,000. The Secretary of State may by rule further define what is meant by small gifts.
(E) Contributions of office space, including conference rooms and other utility areas associated with office space, except that the office space may not exceed 2,500 square feet or be contributed for a period of longer than 12 months.
(F) Legal services related to advising a candidate on compliance with election laws and representing a candidate in the event a complaint alleging a violation of election laws is filed against the candidate may be contributed without limitation.
(b) In-kind contributions described in this subsection must be reported to the Secretary of State at the same time and in the same manner as other contributions and expenditures are reported.
(c) In-kind contributions described in this subsection may only be made by a contributor authorized to make a contribution under this chapter and may only be received by a candidate or a candidate committee.
(3) Prior to the start of each election cycle, the Secretary of State shall adjust the dollar amounts set forth in this section and ORS 260.014 by the cumulative change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, or its successor, since 2024. The adjustments performed under this subsection shall be rounded to the nearest $10 increment.
(4) The Secretary of State may adopt rules necessary to implement this section. [2024 c.9 §5]
Note: 260.016 becomes operative January 1, 2027. See section 23, chapter 9, Oregon Laws 2024.
260.018 Permissible uses of unexpended funds; limit on unexpended funds to carry forward; day on which unexpended funds in excess of limit may not be carried forward. (1) At the end of an election cycle, any unexpended funds that remain in the accounts of a candidate political committee may be used only as follows:
(a) To refund contributions to contributors in amounts not exceeding the aggregate contribution received from each contributor during the election cycle;
(b) To make a contribution to another political committee as authorized under ORS 260.014;
(c) To transfer any amount to the Campaign Finance Education Fund established in ORS 260.021; or
(d) For purposes authorized under ORS 260.407, except that a contribution made under ORS 260.407 (1)(a)(C) must be made to an organization described in section 501(c)(3) of the Internal Revenue Code.
(2) As of 60 days after the end of the applicable election cycle, a candidate political committee may not carry forward unexpended funds in excess of the following limits unless the excess unexpended funds are reported in the time and manner required by the Secretary of State by rule:
(a) $10,000 for a candidate for state Representative, circuit court judge or district attorney.
(b) $20,000 for a candidate for a state Senator.
(c) $40,000 for a candidate for a state office that is not described in paragraph (a) or (b) of this subsection.
(d) For a candidate for any other public office, the greater of $5,000 or five cents per elector in the district of the public office.
(3) A candidate political committee that has not been used to support a candidate for public office for two consecutive election cycles shall dispose of any funds carried over from a previous election cycle in accordance with subsection (1) of this section. [2024 c.9 §5a]
Note: 260.018 becomes operative January 1, 2027. See section 23, chapter 9, Oregon Laws 2024.
260.020 [Amended by 1957 c.643 §2; repealed by 1971 c.749 §82]
260.021 Campaign Finance Education Fund established. (1) The Campaign Finance Education Fund is established in the General Fund. Moneys in the Campaign Finance Education Fund are continuously appropriated to the Secretary of State for the purpose of carrying out the duties described in ORS 260.264.
(2) Moneys in the fund shall consist of:
(a) Moneys appropriated or transferred to the fund by the Legislative Assembly;
(b) Moneys transferred to the fund pursuant to ORS 260.018 (1)(c); and
(c) Other amounts deposited into the fund from any source. [2024 c.9 §5b]
260.025 [1971 c.749 §2; repealed by 1973 c.623 §3]
260.027 [1973 c.623 §2; repealed by 1975 c.684 §11]
260.030 [Amended by 1957 c.643 §3; 1971 c.749 §26; renumbered 260.315]
260.034 Deadline for incumbent seeking reelection to file petition or declaration. Notwithstanding any other provision of law, an incumbent holder of a public office who intends to seek reelection shall file a nominating petition or a declaration of candidacy for an additional term of the same public office at least seven days prior to the corresponding filing deadline for nonincumbent candidates for that public office. [2024 c.9 §17b]
(Treasurers, Statements of Organization and Accounts)
260.035 Treasurer and statement of organization for political committees and candidates; change in information. (1) Not later than the third business day after a political committee first receives a contribution or makes an expenditure, the political committee shall:
(a) Appoint a treasurer who shall be an elector of this state;
(b) Certify the name and address of the treasurer to the filing officer; and
(c) File a statement of organization under ORS 260.039 or 260.042.
(2) 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. A candidate’s treasurer shall perform all the duties prescribed for the candidate under ORS 260.035 to 260.156.
(3) Contributions shall be received and expenditures made by or through the treasurer of the political committee or the candidate or the treasurer of a principal campaign committee.
(4) Any change in information required under this section shall be indicated in an amended certification filed not later than the 10th day after the change in information. [1971 c.749 §3; 1973 c.744 §2; 1977 c.829 §20; 1979 c.190 §340; 1991 c.719 §62; 1999 c.999 §3; 2011 c.652 §4]
260.037 Liability of candidate or treasurer for default or violation of treasurer obligations. (1) The candidate is personally responsible for the performance of the duties referred to in 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 individual designated by the candidate or treasurer under ORS 260.039 or 260.057 is conclusively considered a default or violation by the candidate.
(2) Except as otherwise provided in subsection (1) of this section, the treasurer of a political committee or the treasurer of a petition committee is personally responsible for the performance of the duties referred to in ORS 260.035 (3) or 260.118. Any default or violation by the individual designated by the treasurer under ORS 260.042 or 260.057 is conclusively considered a default or violation by the treasurer. [1973 c.744 §4; 1979 c.190 §341; 1993 c.493 §53; 2007 c.570 §2; 2013 c.758 §2; 2017 c.517 §1]
260.038 Treasurer of more than one candidate or committee; replacement of treasurer. (1) An individual may be appointed and serve as treasurer of a candidate, a political committee or petition committee or of two or more candidates, political committees or petition committees.
(2) A candidate, political committee or petition committee may remove a treasurer.
(3) In event of the death, resignation or removal of a treasurer before compliance with all obligations of a treasurer under ORS 260.035 to 260.156, no later than 14 days after the death, resignation or removal of the treasurer:
(a) A candidate shall appoint a successor and certify the name and address of the successor in the manner of an original appointment or certify to the filing officer that the candidate serves as the candidate’s own treasurer.
(b) A committee director shall appoint a successor and certify the name and address of the successor in the manner of an original appointment.
(c) A chief petitioner shall appoint a successor and certify the name and address of the successor in the manner of an original appointment. [1979 c.190 §342; 1993 c.493 §54; 2011 c.652 §5]
260.039 Content of statement of organization of candidate or principal campaign committee. (1) Except as provided in ORS 260.043, a candidate who serves as the candidate’s own treasurer, or the treasurer of the principal campaign committee, shall file a statement of organization with the filing officer. The statement shall include:
(a) The name, address, occupation, office sought and party affiliation of the candidate. The address shall be the address of a residence, office, headquarters or similar location where the candidate may be conveniently located.
(b) In the case of a principal campaign committee:
(A) The name and address of the committee. The address shall be the address of a residence, office, headquarters or similar location where the political committee or a responsible officer of the political committee may be conveniently located.
(B) The name, address and occupation of the committee director or directors, if any.
(C) The name and address of the committee treasurer.
(D) The name and address of any other political committee of which two or more committee directors are also directors of the committee filing the statement.
(2) In addition to the information listed in subsection (1) of this section, the statement of organization must include, or be amended within five business days to include, the name of the financial institution in which the campaign account required under ORS 260.054 is established, the name 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 subsection except as necessary for purposes of enforcing the provisions of ORS chapters 246 to 260.
(3) A candidate or treasurer may designate an individual to receive any notice provided by a filing officer under ORS chapters 246 to 260. The candidate or treasurer shall include the name and address of the individual in the statement of organization filed under this section. A filing officer who provides any notice under ORS chapters 246 to 260 to the candidate or treasurer shall also provide the notice to the individual designated by the candidate or treasurer under this subsection.
(4) Except as provided in ORS 260.043, a candidate who serves as the candidate’s own treasurer shall file the statement of organization not later than the third business day after the candidate first receives a contribution or makes an expenditure. The treasurer of a principal campaign committee shall file the statement of organization not later than the date specified in ORS 260.035.
(5) Except as provided in subsection (2) of this section, any change in information submitted in a statement of organization under subsections (1) and (2) of this section shall be indicated in an amended statement of organization filed not later than the 10th day after the change in information.
(6) Except as provided in ORS 260.043, a candidate who serves as the candidate’s own treasurer or the treasurer of the principal campaign committee of the candidate shall file a statement of organization under this section not later than the deadline for the candidate to file a nominating petition or declaration of candidacy under ORS 249.037 or a certificate of nomination under ORS 249.722.
(7) Except as provided in ORS 260.043, a candidate who serves as the candidate’s own treasurer or the treasurer of the principal campaign committee of a candidate shall file a new or amended statement of organization not later than the date that the candidate files a nominating petition, declaration of candidacy or certificate of nomination. [1987 c.727 §12; 1989 c.503 §18; 1991 c.107 §16; 1991 c.719 §53; 1993 c.493 §55; 1999 c.999 §4; 2001 c.965 §53; 2005 c.797 §3; 2005 c.809 §4; 2007 c.570 §3; 2009 c.818 §2; 2013 c.756 §9; 2018 c.70 §5]
260.040 [Amended by 1957 c.643 §4; repealed by 1971 c.749 §82]
260.041 Principal campaign committee. (1) Notwithstanding ORS 260.005 (18) 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. [1979 c.190 §343; 1999 c.999 §7; 2005 c.809 §23; 2009 c.818 §3]
260.042 Content of statement of organization of political committee; designation of individual to receive notice; designation of elector to be liable for civil penalty; deadline for filing statement; change in information in statement. (1) The treasurer of a political committee shall file a statement of organization with the filing officer. The statement must include:
(a) The name, address and nature of the committee. The address must be the address of a residence, office, headquarters or similar location where the political committee or a responsible officer of the political committee may be conveniently located.
(b) The name, address and occupation of the committee director or directors.
(c) The name and address of the committee treasurer.
(d) The name and address of any other political committee of which two or more committee directors are also directors of the committee filing the statement.
(e) The name, office sought, and party affiliation of each candidate whom the committee is supporting or specifically opposing or intends to support or specifically oppose, when known, or, if the committee is supporting or specifically opposing all the candidates of a given party, the name of that party.
(f) A designation of any measure that the committee is opposing or supporting, or intends to support or oppose.
(g) A statement of whether the committee is a controlled committee.
(2) In addition to the information listed in subsection (1) of this section, the statement of organization must include, or be amended within five business days to include, the name of the financial institution in which the campaign account required under ORS 260.054 is established, the name 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 subsection except as necessary for purposes of enforcing the provisions of ORS chapters 246 to 260.
(3) A treasurer may designate an individual to receive any notice provided by a filing officer under ORS chapters 246 to 260. The treasurer shall include the name and address of the individual in a statement of organization filed under this section. A filing officer who provides any notice under ORS chapters 246 to 260 to the treasurer of the political committee shall also provide the notice to the individual designated by the treasurer under this subsection.
(4) A treasurer may designate an elector of this state to be liable for any civil penalty imposed under ORS 260.232. The treasurer shall include the name and address of any elector designated under this subsection in a statement of organization filed under this section.
(5) The statement of organization must be filed not later than the date specified in ORS 260.035.
(6) Except as provided in subsection (2) of this section, any change in information submitted in a statement of organization under subsections (1) and (2) of this section must be indicated in an amended statement of organization filed not later than the 10th day after the change in information.
(7) This section does not apply to a political committee that is a principal campaign committee or to a political committee exclusively supporting or opposing one or more candidates for federal or political party office. [1975 c.683 §§2,3; 1979 c.190 §344; 1981 c.234 §1; 1983 c.71 §10; 1985 c.808 §53; 2001 c.965 §54; 2005 c.797 §6; 2005 c.809 §5; 2007 c.570 §4; 2009 c.818 §4; 2013 c.756 §10; 2017 c.517 §2; 2018 c.70 §15]
Note: The amendments to 260.042 by section 6, chapter 9, Oregon Laws 2024, become operative January 1, 2027. See section 23, chapter 9, Oregon Laws 2024. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience.
260.042. (1) The treasurer of a political committee shall file a statement of organization with the filing officer. The statement must include:
(a) The name and address of the committee. The address must be the address of a residence, office, headquarters or similar location where the political committee or a responsible officer of the political committee may be conveniently located.
(b) The name, address and occupation of the committee director or directors.
(c) The name and address of the committee treasurer.
(d) The name and address of any other political committee of which two or more committee directors are also directors of the committee filing the statement.
(e) Whether the political committee will operate as a measure political committee, a multicandidate political committee, a political party multicandidate committee, a legislative caucus committee, a membership organization political committee, a recall political committee or a small donor political committee.
(f) The name, office sought, and party affiliation of each candidate whom the committee is supporting or specifically opposing or intends to support or specifically oppose, when known, or, if the committee is supporting or specifically opposing all the candidates of a given party, the name of that party.
(g) A designation of any measure that the committee is opposing or supporting, or intends to support or oppose.
(h) A statement of whether the committee is a controlled committee.
(2) In addition to the information listed in subsection (1) of this section, the statement of organization must include, or be amended within five business days to include, the name of the financial institution in which the campaign account required under ORS 260.054 is established, the name 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 subsection except as necessary for purposes of enforcing the provisions of ORS chapters 246 to 260.
(3) A treasurer may designate an individual to receive any notice provided by a filing officer under ORS chapters 246 to 260. The treasurer shall include the name and address of the individual in a statement of organization filed under this section. A filing officer who provides any notice under ORS chapters 246 to 260 to the treasurer of the political committee shall also provide the notice to the individual designated by the treasurer under this subsection.
(4) A treasurer may designate an elector of this state to be liable for any civil penalty imposed under ORS 260.232. The treasurer shall include the name and address of any elector designated under this subsection in a statement of organization filed under this section.
(5) The statement of organization must be filed not later than the date specified in ORS 260.035.
(6) Except as provided in subsection (2) of this section, any change in information submitted in a statement of organization under subsections (1) and (2) of this section must be indicated in an amended statement of organization filed not later than the 10th day after the change in information.
(7) This section does not apply to a political committee that is a principal campaign committee or to a political committee exclusively supporting or opposing one or more candidates for federal or political party office.
(8)(a) A major political party or minor political party may establish no more than one political party multicandidate committee.
(b) A recall political committee may be formed only after a recall election is certified to the ballot.
(9) As used in this section:
(a) “Legislative caucus committee” has the meaning given that term in ORS 260.006.
(b) “Major political party” means a political party that has qualified as a major political party under ORS 248.006.
(c) “Measure political committee” means a political committee that supports or opposes one or more measures.
(d) “Membership organization political committee” has the meaning given that term in ORS 260.006.
(e) “Minor political party” means a political party that has qualified as a minor political party under ORS 248.008.
(f) “Multicandidate political committee” means a political committee that supports or opposes:
(A) One or more candidates; or
(B) All candidates affiliated with a major political party or a minor political party.
(g) “Political party multicandidate committee” means a political committee that:
(A) Operates on a statewide basis;
(B) Qualifies as a multicandidate political committee; and
(C)(i) Represents a major political party or a minor political party; or
(ii) Is established under the bylaws of a major political party or a minor political party.
(h) “Recall political committee” means a political committee that supports or opposes a person subject to a recall election.
(i) “Small donor political committee” means a political committee that:
(A) Registers as a small donor political committee under this section;
(B) Prior to registering as a small donor political committee has not accepted a contribution in excess of the contribution limits for small donor political committees set forth in ORS 260.014; and
(C) While operating as a small donor political committee, complies with the restrictions on receiving contributions set forth in ORS 260.014.
Note: Sections 7 and 8, chapter 9, Oregon Laws 2024, provide:
Sec. 7. Notwithstanding ORS 260.042 (9)(i), a political committee, as defined in ORS 260.005, that is not organized as a small donor political committee, as defined in ORS 260.042, may reorganize as a small donor political committee if, during the previous 24-month period, not less than 90 percent of the total amount of moneys contributed to the political committee were contributed by individuals in amounts not exceeding $250 per individual donor per calendar year. Any moneys in the bank accounts of a political committee that reorganizes as a small donor political committee under this section shall transfer to the newly organized small donor political committee and may be used in the same manner as any other moneys contributed to the small donor political committee. [2024 c.9 §7]
Sec. 8. Section 7 of this 2024 Act is repealed on March 31, 2027. [2024 c.9 §8]
260.043 Exemptions for candidate who expects neither contributions nor expenditures to exceed $1,500 or $5,000; exemptions; rules. (1) A candidate who serves as the candidate’s own treasurer and who expects neither the aggregate contributions to be received nor the aggregate expenditures to be made by or on behalf of the candidate to exceed $1,500 in total amount during a calendar year is not required to:
(a) File a statement of organization under ORS 260.039;
(b) Establish a single exclusive campaign account under ORS 260.054; or
(c) File statements under ORS 260.057.
(2) A candidate described in subsection (1) of this section must keep contribution and expenditure records for the previous 24 months.
(3)(a) If at any time during the calendar year either the aggregate contributions or aggregate expenditures exceed $1,500, the candidate must file a statement of organization under ORS 260.039, establish a single exclusive campaign account as required under ORS 260.054 and file statements as required in paragraph (b) of this subsection.
(b)(A) Except as provided in subparagraph (B) of this paragraph, if at any time during the calendar year either the aggregate contributions or aggregate expenditures exceed $1,500, the candidate must file a statement under ORS 260.057 showing all contributions received and expenditures made. After aggregate contributions or aggregate expenditures exceed $1,500 during a calendar year, the statement shall be filed under the time frames established in ORS 260.057 (3).
(B) If the candidate expects neither the aggregate contributions to be received nor the aggregate expenditures to be made by or on behalf of the candidate to exceed $5,000 during the calendar year, the candidate may file a statement to that effect under ORS 260.112, rather than file statements under ORS 260.057. Notwithstanding ORS 260.112 (2), the statement shall be filed not later than seven calendar days after aggregate contributions or aggregate expenditures exceed $1,500 during a calendar year.
(4)(a) For purposes of this section, a fee paid under ORS 251.095, a fee paid for a candidate to be included in a county voters’ pamphlet or de minimis costs associated with printing and circulating a petition in lieu of a candidate paying a fee for inclusion in a voters’ pamphlet are exempt and may not be considered when calculating:
(A) The expected aggregate amount of contributions received or expenditures made; or
(B) The actual aggregate amount of contributions received or expenditures made.
(b) The Secretary of State by rule shall define “de minimis costs” for purposes of this subsection.
(5) This section does not apply to candidates for federal office. [1999 c.999 §6; 2005 c.809 §§6,24; 2009 c.818 §5; 2010 c.9 §7; 2017 c.80 §1; 2017 c.749 §33; 2023 c.600 §20; 2024 c.56 §7]
260.044 Statement of independent expenditures; when person considered political committee or principal campaign committee; electronic filing; time frames; rules. (1) If a person makes independent expenditures in a total amount of more than $250 in a calendar year, the person shall use the electronic filing system adopted under ORS 260.057 to file with the Secretary of State a statement of independent expenditures not later than seven calendar days after the total amount of independent expenditures exceeds $250 in a calendar year.
(2) A person who files a statement of independent expenditures under subsection (1) of this section shall use the electronic filing system adopted under ORS 260.057 to file with the secretary additional statements of independent expenditures made by the person, as described in ORS 260.083.
(3) Except as provided in subsections (4) and (5) of this section, a person shall file a statement described in subsection (2) of this section not later than 30 calendar days after an independent expenditure is made.
(4)(a) A person shall file a statement described in subsection (2) of this section not later than seven calendar days after an independent expenditure is made. This paragraph applies to independent expenditures made:
(A) During the period beginning on the 42nd calendar day before the date of any primary election and ending on the date of the primary election; and
(B) During the period beginning on the 42nd calendar day before the date of any general election and ending on the date of the general election.
(b) If the person makes an independent expenditure prior to the 42nd calendar day before the date of the primary or general election and the person has not filed a statement under subsection (3) of this section by the 43rd calendar day before the date of the primary or general election, the person shall file a statement described in subsection (2) of this section not later than whichever of the following dates occurs first:
(A) The date required under subsection (3) of this section; or
(B) The 35th calendar day before the date of the primary or general election.
(5) For any special election, the secretary by rule may establish a period during which a person must file a statement described in subsection (2) of this section. The period may not extend beyond seven calendar days after an independent expenditure is made.
(6) Notwithstanding ORS 260.005 (18), a person who solicits and receives a contribution or contributions is a political committee and shall file a statement of organization under ORS 260.042 and the statements required by ORS 260.057, 260.076 or 260.078.
(7) For purposes of this section:
(a) An independent expenditure does not include a contribution to a candidate or political committee that is required to report the contribution on a statement filed under ORS 260.057, 260.076 or 260.078 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 (6) of this section if all contributions received by the person are:
(A) Designated to an identified candidate or political committee;
(B) Delivered by the person to the designated candidate or political committee not later than seven business days after the contribution is received; and
(C) Required to be reported as contributions by a candidate or political committee on a statement filed under ORS 260.057, 260.076 or 260.078 or a certificate filed under ORS 260.112. [Formerly 260.158; 1981 c.234 §8; 1981 c.303 §1; 1985 c.808 §54; 1987 c.267 §57; 1987 c.727 §2; 1993 c.493 §§56,57; 1995 c.712 §73; 1999 c.999 §8; 2001 c.82 §3; 2003 c.542 §10; 2005 c.797 §7; 2005 c.809 §§26,28a; 2009 c.818 §6; 2011 c.652 §6; 2013 c.756 §1; 2013 c.758 §3; 2018 c.70 §2; 2019 c.637 §8]
260.045 [1971 c.749 §4; 1973 c.744 §5; 1975 c.675 §32; 1979 c.190 §346; 1981 c.234 §9; 1991 c.258 §2; 1991 c.719 §13; 1993 c.493 §105; 1999 c.999 §9; 2001 c.732 §7; 2001 c.965 §61; 2003 c.542 §11; 2005 c.797 §8; 2005 c.809 §§29,29a; 2007 c.848 §14; repealed by 2013 c.758 §15]
260.046 Discontinuance of statement of organization; rules. (1) A filing officer, in accordance with rules adopted by the Secretary of State, may discontinue the statement of organization of a candidate, principal campaign committee, political committee or petition committee if the candidate or committee has not filed a statement of contributions received or expenditures made under this chapter.
(2) The Secretary of State shall adopt rules prescribing conditions and procedures under which a filing officer may discontinue a statement of organization under this section.
(3) If a filing officer discontinues a statement of organization under this section, the filing officer shall provide written notice to the candidate, principal campaign committee, political committee or petition committee that the statement has been discontinued. [2005 c.797 §5; 2011 c.652 §7]
260.049 Reports to be filed by certain corporations; rules. (1) If the major source of revenue of a corporation is paid-in-capital and the primary purpose of the corporation is to support or oppose any candidate, measure or political party, and the corporation has made a contribution or an expenditure for that purpose, the corporation shall report to the Secretary of State the names, addresses and occupations of its shareholders and shall report the amount of paid-in-capital attributable to each shareholder.
(2) The information required under subsection (1) of this section, including information on the nature and amount of all expenditures of money and in-kind contributions made by the corporation, shall be filed not later than seven calendar days after the contribution or expenditure is made.
(3) The secretary shall adopt by rule a form for the filing of the information required under this section. [1991 c.911 §3; 2005 c.809 §30]
260.050 [Amended by 1957 c.643 §5; repealed by 1971 c.749 §82]
260.052 Political committee identification number. The Secretary of State shall assign an identification number to each political committee required to file a statement with the secretary under ORS 260.057. The political committee shall include the identification number with each contribution made by the political committee. [1991 c.719 §64; 2005 c.809 §31]
260.054 Political committee campaign account; petition committee petition account. (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 business 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) This subsection does not apply to in-kind contributions received by a candidate, political committee or petition committee.
(6) 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) A campaign or petition account may not include any private moneys, other than contributions received by the political committee or petition committee.
(8) 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) This section does not apply to candidates described in ORS 260.043.
(10) As used in this section, “contribution” and “expenditure” include a contribution or expenditure to or on behalf of an initiative, referendum or recall petition. [2005 c.809 §3; 2007 c.570 §8; 2009 c.818 §7; 2017 c.749 §34]
260.055 Accounts of contributions and expenditures; inspection; preservation. (1)(a) Each candidate, the treasurer of each political committee, the treasurer of each petition committee and each person that makes independent expenditures in a total amount of more than $250 in a calendar year shall keep detailed accounts. The accounts shall be current as of not later than the seventh business day after the date of receiving a contribution or making an expenditure or independent expenditure with respect to all contributions received and all expenditures or independent expenditures made by or on behalf of the candidate or committee that are required to be reported under ORS 260.044, 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.
(b) This subsection does not apply to candidates for political party office.
(2) Accounts kept by a candidate, a treasurer of a political committee, a treasurer of a petition committee or a person that makes independent expenditures in a total amount of more than $250 in a calendar year 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, a treasurer of a political committee, a treasurer of a petition committee or a person that makes independent expenditures in a total amount of more than $250 in a calendar year shall be preserved by the candidate, treasurer or person for at least two years after the date the statement of the contribution or expenditure is filed under ORS 260.057 or the independent expenditure is made. [1971 c.749 §5; 1973 c.744 §6; 1977 c.268 §2; 1979 c.190 §347; 1981 c.234 §10; 1991 c.719 §14; 1991 c.911 §9; 1993 c.493 §59; 2001 c.82 §4; 2003 c.542 §12; 2005 c.809 §32; 2009 c.818 §21; 2010 c.9 §8; 2013 c.758 §4; 2017 c.749 §35; 2019 c.637 §9]
260.056 Written loan agreement; preservation of agreement. (1) A loan made by or to a candidate, political committee or petition committee must be by written agreement.
(2) A candidate, political committee or petition committee shall keep a copy of any written loan agreement with the detailed accounts of the candidate or committee required under ORS 260.055.
(3) Notwithstanding ORS 260.055, a candidate, political committee or petition committee shall preserve a written loan agreement for at least two years after the statement of the loan is filed under ORS 260.057 or until the loan is repaid, whichever is later. [2005 c.809 §19; 2009 c.818 §27; 2011 c.652 §8]
(Statements of Contributions and Expenditures)
260.057 Electronic campaign finance filing system; schedule for filing; Internet availability; exclusions; rules. (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 petition committees organized under ORS 260.118 to file with the secretary statements of contributions received and expenditures made by the treasurers or chief petitioners as described in ORS 260.083.
(c) Persons who make independent expenditures as provided in ORS 260.044 to file with the secretary statements of independent expenditures made by the persons as described in ORS 260.083.
(2) Except as otherwise provided in this section, a candidate or political committee shall file a statement of contributions received and expenditures made described in subsection (1)(a) of this section not later than 30 calendar days after a contribution is received or an expenditure is made.
(3)(a) A candidate for nomination or election at any primary or general election or a political committee supporting or opposing a candidate or measure at any primary or general election shall file a statement described in subsection (1)(a) of this section not later than seven calendar days after a contribution is received or an expenditure is made. This paragraph applies to contributions received and expenditures made:
(A) During the period beginning on the 42nd calendar day before the date of any primary election and ending on the date of the primary election; and
(B) During the period beginning on the 42nd calendar day before the date of any general election and ending on the date of the general election.
(b) For any special election, the secretary by rule may establish a period during which a candidate for nomination or election at the special election or a political committee supporting or opposing a candidate or measure at the special election must file a statement described in subsection (1) of this section not later than seven calendar days after a contribution is received or an expenditure is made.
(c) If the candidate or political committee receives a contribution or makes an expenditure prior to the 42nd calendar day before the date of the primary or general election and the candidate or political committee has not filed a statement of the contribution or expenditure under subsection (2) of this section by the 43rd calendar day before the date of the primary or general election, the candidate or political committee shall file a statement described in subsection (1)(a) of this section not later than whichever of the following dates occurs first:
(A) The date required under subsection (2) of this section; or
(B) The 35th calendar day before the date of the primary or general election.
(4) The electronic filing system shall be provided free of charge by the secretary and shall:
(a) Accept electronic files that conform to the format prescribed by the secretary by rule; or
(b) Be compatible with any other electronic filing application provided or approved by the secretary.
(5)(a) Except as provided in paragraph (b) of this subsection, the secretary shall make all data filed electronically under subsection (1)(a) of this section and all information filed with the secretary under ORS 260.049 or 260.085 available on the Internet to the public free of charge according to a schedule adopted by the secretary by rule. The secretary shall make the data available in a searchable database that is easily accessible by the public. When the secretary makes data or information available on the Internet under this subsection, the secretary shall display any contribution received from a person or political committee with an out-of-state address in a different colored font than a contribution received from a person or political committee with an in-state address.
(b) The secretary may not make data that are filed electronically under subsection (1)(a) of this section 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 192.311 to 192.478 any data that are filed electronically under subsection (1)(a) of this section, unless the data are required to be listed under ORS 260.083.
(6) Each statement required by this section shall be signed and certified as true by the candidate, treasurer, designee of the candidate or treasurer or person who files a statement of independent expenditures under ORS 260.044, as appropriate. Signatures shall be supplied in the manner specified by the secretary by rule.
(7) This section does not apply to:
(a) Candidates for federal office;
(b) Candidates who are not required to file a statement of organization under ORS 260.043; or
(c) Candidates, political committees or petition committees that file certificates under ORS 260.112. [2005 c.809 §14; 2007 c.570 §1; 2007 c.848 §12; 2008 c.41 §1; 2009 c.818 §8; 2013 c.756 §2; 2013 c.758 §5; 2017 c.749 §36; 2018 c.70 §1]
Note: The amendments to 260.057 by section 1, chapter 407, Oregon Laws 2025, become operative January 1, 2027. See section 2, chapter 407, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience.
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 petition committees organized under ORS 260.118 to file with the secretary statements of contributions received and expenditures made by the treasurers or chief petitioners as described in ORS 260.083.
(c) Persons who make independent expenditures as provided in ORS 260.044 to file with the secretary statements of independent expenditures made by the persons as described in ORS 260.083.
(2) Except as otherwise provided in this section, a candidate or political committee shall file a statement of contributions received and expenditures made described in subsection (1)(a) of this section not later than 30 calendar days after a contribution is received or an expenditure is made.
(3)(a) A candidate for nomination or election at any primary or general election or a political committee supporting or opposing a candidate or measure at any primary or general election shall file a statement described in subsection (1)(a) of this section not later than seven calendar days after a contribution is received or an expenditure is made. This paragraph applies to contributions received and expenditures made:
(A) During the period beginning on the 42nd calendar day before the date of any primary election and ending on the date of the primary election; and
(B) During the period beginning on the 42nd calendar day before the date of any general election and ending on the date of the general election.
(b) For any special election, the secretary by rule may establish a period during which a candidate for nomination or election at the special election or a political committee supporting or opposing a candidate or measure at the special election must file a statement described in subsection (1) of this section not later than seven calendar days after a contribution is received or an expenditure is made.
(c) If the candidate or political committee receives a contribution or makes an expenditure prior to the 42nd calendar day before the date of the primary or general election and the candidate or political committee has not filed a statement of the contribution or expenditure under subsection (2) of this section by the 43rd calendar day before the date of the primary or general election, the candidate or political committee shall file a statement described in subsection (1)(a) of this section not later than whichever of the following dates occurs first:
(A) The date required under subsection (2) of this section; or
(B) The 35th calendar day before the date of the primary or general election.
(4) The electronic filing system shall be provided free of charge by the secretary and shall:
(a) Accept electronic files that conform to the format prescribed by the secretary by rule; or
(b) Be compatible with any other electronic filing application provided or approved by the secretary.
(5)(a) Except as provided in paragraph (b) or (c) of this subsection, the secretary shall make all data filed electronically under subsection (1)(a) of this section and all information filed with the secretary under ORS 260.049 or 260.085 available on the Internet to the public free of charge according to a schedule adopted by the secretary by rule. The secretary shall make the data available in a searchable database that is easily accessible by the public. When the secretary makes data or information available on the Internet under this subsection, the secretary shall display any contribution received from a person or political committee with an out-of-state address in a different colored font than a contribution received from a person or political committee with an in-state address.
(b) The secretary may not make data that are filed electronically under subsection (1)(a) of this section 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 192.311 to 192.478 any data that are filed electronically under subsection (1)(a) of this section, unless the data are required to be listed under ORS 260.083.
(c) The secretary may not make the residence address of any individual who is associated with a candidate’s principal campaign committee, as designated under ORS 260.041, a political committee organized under ORS 260.042 or a petition committee organized under ORS 260.118 available to the public on the electronic filing system adopted under this section unless the individual directs the secretary to disclose the address of that individual. A residence address described under this paragraph is a public record subject to inspection under ORS 192.314.
(6) Each statement required by this section shall be signed and certified as true by the candidate, treasurer, designee of the candidate or treasurer or person who files a statement of independent expenditures under ORS 260.044, as appropriate. Signatures shall be supplied in the manner specified by the secretary by rule.
(7) This section does not apply to:
(a) Candidates for federal office;
(b) Candidates who are not required to file a statement of organization under ORS 260.043; or
(c) Candidates, political committees or petition committees that file certificates under ORS 260.112.
260.058 [1981 c. 234 §3 (enacted in lieu of 260.072); 1983 c.71 §1; 1985 c.732 §1; 1987 c.727 §3; 1989 c.503 §§19, 20; 1989 c.1054 §1; 1993 c.493 §60; 1995 c.712 §74; 1999 c.999 §23; 2001 c.732 §2; 2005 c.797 §9; repealed by 2005 c.809 §56]
260.059 Addition to electronic filing system for independent expenditures; use of addition by specified persons; required disclosure of specified contributors; rules. (1) The Secretary of State by rule shall adopt an addition to the electronic filing system described in ORS 260.057 to be used by:
(a) Membership organizations;
(b) Persons; and
(c) Any combination of organizations or persons that has a collective capacity and that is legally separate from other persons and that makes independent expenditures.
(2) The electronic filing system addition described in this section shall be used by entities described in subsection (1) of this section to report the original source of funds used to pay for candidate campaign independent expenditures, to promote transparency and accountability to voters.
(3) Once an entity subject to this section has spent an aggregate of $50,000 on candidate campaign independent expenditures in an election cycle, the entity must disclose the name of each person that has contributed $5,000 or more during the election cycle and the original source of funds used for the contribution. In identifying persons that have made aggregate donations of $5,000 or more per election cycle, the entity may exclude:
(a) Donations received from an affiliated charitable organization that is tax exempt under section 501(c)(3) of the Internal Revenue Code;
(b) Donations and grants received from foundations and other persons that may not be used to make a communication in support of or in opposition to a clearly identified candidate; and
(c) Donations received from a source that demonstrates to the Secretary of State that there is a reasonable probability that public knowledge of the identity of the source would subject the source or the family of the source to serious risk of physical harm.
(4) An entity described in subsection (3) of this section must disclose the original source of funds of the full amount spent on the entity’s aggregate independent expenditures.
(5) Donations from donors who have contributed less than $5,000 during the election cycle may be aggregated and reported on a “Miscellaneous Under $5,000” category on the electronic filing system addition.
(6)(a) Each donor that is separately reported under subsection (3) of this section and that spends an aggregate of $50,000 on independent expenditures in an election cycle must also report the original source of funds used for the donation.
(b) If and to the extent a donor serves as a pass-through or intermediary for the original source of the funds, both the pass-through or intermediary and the original source of funds shall be reported.
(c) For purposes of this section and ORS 260.061 and 260.266:
(A) “Business income” means:
(i) Funds received by a person in commercial transactions in the ordinary course of the person’s regular trade, business or investments;
(ii) Membership or union dues paid to the person, except dues exceeding $5,000 from any person in a calendar year; and
(iii) Contributions or donations paid to the person, except contributions or donations exceeding $5,000 from any person in a calendar year.
(B) “Original source of funds” means business income or personal funds and the person that earned or received the business income or personal funds.
(C) “Personal funds” means income received by an individual as salary or wages, other earned income from bona fide employment, interest, dividends, royalties or proceeds from an individual’s personal investments, bequests and income from testamentary trusts or other trusts established by bequest. “Personal funds” does not include any funds received from any person for the purpose of influencing an election.
(7) The original sources of funds used to pay for candidate campaign independent expenditures and persons associated with those original sources of funds must be reported to the Secretary of State at the same time and in the same manner as other contributions and expenditures are reported.
(8) Prior to the start of each election cycle, the Secretary of State shall adjust the dollar amounts set forth in this section by the cumulative change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, or its successor, since 2024. The adjustments performed under this subsection shall be rounded to the nearest $10 increment.
(9) The Secretary of State shall by rule establish reporting timelines and guidance for the reporting of independent expenditures. [2024 c.9 §13]
Note: 260.059 becomes operative January 1, 2028. See section 23, chapter 9, Oregon Laws 2024.
Note: 260.059 was added to and made a part of ORS chapter 260 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
260.060 [Amended by 1957 c.643 §6; 1969 c.279 §1; repealed by 1971 c.749 §82]
260.061 Information to be released on campaign finance dashboard; biannual review and report; rules. (1) For elections occurring after January 1, 2028, the Secretary of State shall:
(a) At least 10 days before each election, release on the dashboard a list of the 100 largest contributors to candidates or principal campaign committees, aggregated across all candidates.
(b) Annually release a visual representation of contributions by industry aggregated across all candidates and broken down by statewide, legislative and local office.
(c) At least 10 days before each election, release on the dashboard the original sources of funds of candidate campaign independent expenditures as required by ORS 260.059. The disclosures must be set forth on the dashboard so as to promote transparency with the public.
(d) Annually display the average cost of campaigns by office and the largest three categories for spending, broken down by statewide office, legislative office, circuit court and district attorney offices and local offices.
(2) The Secretary of State may by rule establish other reports, data and information to be included on the dashboard and the frequency with which the information is reported, except that the information must be reported at least annually. The secretary shall follow best practices to promote efficiency when establishing reporting and filing requirements.
(3)(a) The Secretary of State shall biannually conduct a review process of:
(A) The reporting and filing of information required in order to comply with the disclosures and content required on the dashboard; and
(B) Compliance by and the needs of stakeholders, including but not limited to:
(i) Persons who make and report donations to candidates or principle campaign committees;
(ii) Persons who make independent expenditures;
(iii) Entities organized under section 501(c) of the Internal Revenue Code;
(iv) Candidates; and
(v) Media organizations.
(b) The secretary shall report the findings of the biannual review to the Legislative Assembly and may also report on improvements undertaken or planned by the secretary based on the findings of the review.
(4) As used in this section, “dashboard” means the web-based dashboard described in section 14, chapter 9, Oregon Laws 2024. [2024 c.9 §14a]
Note: 260.061 becomes operative January 1, 2028. See section 23, chapter 9, Oregon Laws 2024.
Note: 260.061 was added to and made a part of ORS chapter 260 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Note: Section 14, chapter 9, Oregon Laws 2024, provides:
Sec. 14. On or before January 1, 2028, the Secretary of State shall:
(1) Create a web-based campaign finance dashboard that promotes transparency and fosters research and analysis on campaign donations and expenditures in this state. The dashboard shall include numeric and visual representations of campaign finance activity in Oregon.
(2) Update software related to campaign filings to promote transparency, efficiency and modern best practices in campaign finance reporting. [2024 c.9 §14]
260.062 [1971 c.749 §6; 1973 c.744 §7; repealed by 1979 c.190 §431]
260.063 [1981 c.234 §4 (enacted in lieu of 260.072); 1983 c.71 §2; 1985 c.732 §2; 1987 c.727 §4; 1989 c.503 §§21,22; 1989 c.1054 §3; 1993 c.493 §61; 1995 c.712 §75; 1999 c.225 §1; 1999 c.999 §24; 2001 c.732 §3; 2005 c.797 §21; repealed by 2005 c.809 §56]
260.064 In-kind contribution from candidate, political committee or petition committee; insufficient filing; updated information. (1) If a candidate, political committee or petition committee receives updated information that an in-kind contribution received from another candidate, political committee or petition committee reported in a statement filed under ORS 260.057, 260.076 or 260.118 is inaccurate or otherwise insufficient, the candidate, political committee or petition committee that received the in-kind contribution shall, without penalty, file an updated statement with the Secretary of State:
(a) Not later than the date that the statement is required to be filed under ORS 260.057, 260.076 or 260.118; or
(b) If the filing deadline has passed, not later than 30 calendar days after the candidate, political committee or petition committee received the updated information.
(2) This section does not apply to a candidate, political committee or petition committee that knew or reasonably should have known that the information reported in the statement originally filed under ORS 260.057, 260.076 or 260.118 was inaccurate or insufficient at the time of filing. [2009 c.818 §26]
Note: 260.064 was added to and made a part of ORS chapter 260 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
260.065 [1965 c.110 §2; repealed by 1971 c.749 §82]
260.067 [1965 c.289 §2 (260.067, 260.075 and 260.077 enacted in lieu of 260.070); 1969 c.243 §1; repealed by 1971 c.749 §82]
260.068 [1981 c.234 §5 (enacted in lieu of 260.072); 1983 c.71 §3; 1985 c.732 §3; 1987 c.267 §60; 1987 c.727 §5; 1989 c.503 §§23,24; 1989 c.1054 §§5,6; 1991 c.911 §§5,6; 1993 c.493 §§62,63; 1995 c.712 §76; 1999 c.999 §25; 2001 c.732 §4; 2005 c.797 §10; repealed by 2005 c.809 §56]
260.070 [Amended by 1961 c.75 §1; repealed by 1965 c.289 §1 (260.067, 260.075 and 260.077 enacted in lieu of 260.070)]
260.072 [1971 c.749 §7; 1973 c.744 §8; 1975 c.683 §7; 1977 c.678 §2; 1979 c.190 §348; repealed by 1981 c.234 §2 (260.058, 260.063, 260.068, 260.073 and 260.078 enacted in lieu of 260.072)]
260.073 [1981 c.234 §6 (enacted in lieu of 260.072); 1983 c.71 §4; 1985 c.732 §4; 1985 c.808 §55; 1987 c.267 §61; 1987 c.727 §6; 1989 c.503 §§25,26; 1989 c.1054 §§7,8; 1991 c.911 §§7,8; 1993 c.493 §§65,66; 1995 c.712 §77; 1999 c.225 §2; 1999 c.999 §26; 2001 c.732 §5; 2005 c.797 §11; repealed by 2005 c.809 §56]
260.075 [1965 c.289 §3 (260.067, 260.075 and 260.077 enacted in lieu of 260.070); 1967 c.469 §1; repealed by 1971 c.749 §82]
260.076 Statements of contributions received during session of Legislative Assembly. (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 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) 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. [2001 c.82 §2; 2005 c.797 §23; 2005 c.809 §32a; 2007 c.570 §6; 2009 c.818 §9; 2011 c.545 §74; 2011 c.731 §17; 2013 c.758 §6]
260.077 [1965 c.289 §4 (260.067, 260.075 and 260.077 enacted in lieu of 260.070); 1967 c.339 §3; repealed by 1971 c.749 §82]
260.078 Reporting contributions and expenditures not previously reported. If the first statement filed by a candidate, a candidate’s principal campaign committee, a petition committee or a political committee under ORS 260.057 shows an unexpended balance of contributions not previously reported on hand, the statement shall list all contributions and expenditures giving rise to the unexpended balance of contributions in accordance with ORS 260.083. [1981 c.234 §7 (enacted in lieu of 260.072); 2003 c.542 §13; 2005 c.797 §12; 2005 c.809 §33; 2017 c.749 §37]
260.080 [Repealed by 1971 c.749 §82]
260.082 [1971 c.749 §8; repealed by 1973 c.744 §48]
260.083 Contents of statements. (1)(a) For a contribution, except as provided in ORS 260.085, a statement filed under ORS 260.044, 260.057, 260.076, 260.078 or 260.118 shall list:
(A) The name, occupation and address of each person, and the name and address of each political committee or petition committee, that contributed an aggregate amount of more than $100 in a calendar year on behalf of a candidate or to a political committee or petition committee and the total amount contributed by that person or committee; and
(B) The total amount of other contributions as a single item, but shall specify how those contributions were obtained.
(b) For an expenditure, including an independent expenditure, a statement filed under ORS 260.044, 260.057, 260.076, 260.078 or 260.118 shall list:
(A) The amount and purpose of each expenditure made in an aggregate amount of more than $100 to a payee, the name or, if applicable, the business name of the payee of the expenditure, and the city, or county if the payee is not located in a city, and state in which the payee is located; and
(B) The total amount of other expenditures as a single item.
(c) For each loan, whether repaid or not, made by or to a candidate, political committee or petition committee, a statement filed under ORS 260.044, 260.057, 260.076, 260.078 or 260.118 shall list:
(A) The name and address of each person shown as a cosigner or guarantor on a loan and the amount of the obligation undertaken by each cosigner or guarantor;
(B) The name of the lender holding the loan; and
(C) The terms of the loan, including the interest rate and repayment schedule.
(2) An expenditure shall be reported as an account payable only if the expenditure is not paid within the time specified in ORS 260.057, 260.076 or 260.118.
(3) Anything of value paid for or contributed by any person shall be listed as both an in-kind contribution and an expenditure by the candidate or committee for whose benefit the payment or contribution was made.
(4) If a candidate, political committee or petition committee under ORS 260.057 or 260.118 makes an expenditure that must be reported as an in-kind contribution and an expenditure as provided in subsection (3) of this section, the candidate, political committee or petition committee making the original expenditure shall, in any statement filed under ORS 260.057, 260.078 or 260.118, identify the expenditure as an in-kind contribution and identify the candidate, political committee or petition committee for whose benefit the expenditure was made.
(5) If a political committee makes an expenditure that qualifies as an independent expenditure under ORS 260.005 (10), the listing of the expenditure under this section shall identify any candidates or measures that are the subject of the independent expenditure and state whether the independent expenditure was used to advocate the election, passage or defeat of the candidates or measures.
(6) As used in this section:
(a) “Address” has the meaning given that term in rules adopted by the Secretary of State.
(b) “Contribution” and “expenditure” include a contribution or expenditure to or on behalf of an initiative, referendum or recall petition. [Formerly 260.162; 1981 c.234 §11; 1985 c.732 §5; 1989 c.80 §4; 1989 c.503 §42; 1989 c.1054 §12; 1991 c.258 §1; 1991 c.719 §15; 1993 c.493 §68; 1995 c.1 §20; 1995 c.607 §87; 1999 c.262 §3; 1999 c.814 §1; 1999 c.999 §10; 2001 c.82 §5; 2001 c.965 §59; 2003 c.542 §14; 2005 c.797 §13; 2005 c.809 §§8,16; 2009 c.818 §10; 2013 c.756 §3]
260.085 Listing of occupation of contributor; procedure when occupation is unknown. (1) An account required by ORS 260.055 and a statement required by ORS 260.083 to list the occupation of a contributor must list the occupation of the contributor in the account and on the first statement filed under ORS 260.057 or 260.076 after the contribution is received if the occupation is known to the candidate, political committee or petition committee filing the statement.
(2) If an account required by ORS 260.055 or a statement required by ORS 260.083 to list the occupation of a contributor does not list the occupation of the contributor as required by ORS 260.055 or on the first statement filed under ORS 260.057 or 260.076 after the contribution is received, the candidate, political committee or petition committee shall file with the account and with the statement filed under ORS 260.057 documentation of a written request to the contributor to furnish the contributor’s occupation.
(3) If a candidate, political committee or petition committee receives a contribution that does not identify the occupation of the contributor, the candidate or committee shall make a written request to the contributor to furnish the occupation of the contributor within seven calendar days after receiving the contribution. A written request under this subsection may be sent by electronic mail.
(4) If a candidate, political committee or petition committee receives information identifying the occupation of a contributor after making a written request under subsection (3) of this section, the candidate or committee, within seven calendar days after receiving the information, shall include the contributor’s occupation in the account kept under ORS 260.055 and in the contributor’s entry filed under ORS 260.057. [1989 c.80 §3; 1991 c.719 §16; 1993 c.493 §69; 2001 c.82 §6; 2003 c.542 §15; 2005 c.797 §14; 2005 c.809 §34; 2008 c.41 §4; 2009 c.818 §28]
260.090 [Repealed by 1971 c.749 §82]
260.092 [1971 c.749 §9; 1973 c.744 §13; 1975 c.683 §8; 1977 c.836 §9; 1979 c.190 §350; repealed by 1981 c.234 §19]
260.095 Reporting expenditures that are both in-kind contributions and expenditures; notice to candidate or committee; process; rules. (1) If a candidate, political committee or petition committee under ORS 260.057 or 260.118 makes an expenditure that must be reported as both an in-kind contribution and an expenditure by the candidate, political committee or petition committee for whose benefit the expenditure was made as provided in ORS 260.083 (3), the candidate, political committee or petition committee making the original expenditure shall:
(a) Notify the candidate or committee for whose benefit the expenditure was made in writing that the expenditure was made; and
(b) Deliver the notice not later than 48 hours after the time that the candidate, political committee or petition committee making the original expenditure includes the expenditure in a statement under ORS 260.057.
(2) The Secretary of State shall adopt rules requiring expenditures that must be reported as both an in-kind contribution and an expenditure by the candidate, political committee or petition committee for whose benefit the expenditure was made to be highlighted in an identifiable color in the electronic filing system required under ORS 260.057. [2013 c.756 §7]
Note: 260.095 was added to and made a part of ORS chapter 260 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
260.100 [Repealed by 1957 c.643 §9]
260.102 [1971 c.749 §10; 1973 c.744 §14; 1975 c.675 §33; 1979 c.190 §351; 1991 c.258 §3; 1991 c.719 §17; 2005 c.809 §§35,35a; repealed by 2013 c.758 §15]
260.105 [1957 c.643 §1; 1959 c.416 §1; 1963 c.175 §1; 1971 c.749 §28; renumbered 260.345]
260.110 [Amended by 1957 c.643 §7; repealed by 1971 c.749 §82]
260.112 Filing of certificate by candidate or treasurer of political committee or petition committee who expects neither contributions nor expenditures to exceed $5,000; schedule. (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 $5,000 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 $5,000 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 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 that the candidate 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 the petition committee files a statement of organization under ORS 260.118, and not later than seven calendar days after 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 $5,000, 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 $5,000. 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. [1971 c.749 §11; 1975 c.683 §9; 1977 c.644 §5; 1979 c.190 §352; 1981 c.234 §12; 1985 c.808 §56; 1987 c.727 §7; 1989 c.503 §27; 1991 c.87 §5; 1999 c.999 §22; 2005 c.797 §15; 2005 c.809 §36a; 2009 c.818 §11; 2011 c.481 §1; 2013 c.758 §7; 2024 c.56 §8]
260.118 Treasurer and statement of organization of petition committee; filing electronic statements of contributions and expenditures; schedule; rules. (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 must 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 must 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 must include the name of the officer whose recall is demanded.
(3) In addition to the information listed in subsection (2) of this section, the statement of organization must include, or be amended within five business days to include, the name of the financial institution in which the petition account required under ORS 260.054 is established, the name 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 subsection except as necessary for purposes of enforcing the provisions of ORS chapters 246 to 260.
(4) A treasurer may designate an elector of this state to be liable for any civil penalty imposed under ORS 260.232. The treasurer shall include the name and address of any elector designated under this subsection in a statement of organization filed under this section.
(5) Except as provided in subsection (3) of this section, if there is a change in the information submitted in a statement of organization under subsections (2) and (3) of this section, the treasurer shall file an amended statement of organization not later than the 10th day after the change in information.
(6) 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.
(7) The treasurer of an initiative petition committee shall file a statement described in subsection (6) of this section not later than seven calendar days after a contribution is received or an expenditure is made. This subsection applies to contributions received and expenditures made:
(a) During the period beginning on the 42nd calendar day before the date that is four months before a general election and ending on the date that is four months before a general election; and
(b) During the period beginning on the 42nd calendar day before the date of any primary election and ending on the date of the primary election and the period beginning on the 42nd calendar day before the date of any general election and ending on the date of the general election.
(8) The treasurer of a referendum petition committee or a recall petition committee shall file a statement described in subsection (6) of this section not later than seven calendar days after a contribution is received or an expenditure is made. This subsection applies:
(a) For a referendum petition committee, to contributions received and expenditures made during the period beginning on the date the treasurer is appointed under subsection (1) of this section and ending on the deadline for submitting signatures for verification; and
(b) For a recall petition committee, to contributions received and expenditures made during the period beginning on the day on which the recall petition is filed under ORS 249.865 and ending on the deadline for submitting signatures for verification.
(9) Except as provided in subsection (10) of this section, during a period not described in subsection (7) or (8) of this section, a treasurer of an initiative, referendum or recall petition committee shall file a statement described in subsection (6) of this section not later than 30 calendar days after a contribution is received or an expenditure is made.
(10) 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 (6) 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 (6) of this section not later than the 35th calendar day before the date that is four months before a general election, or not later than whichever of the following dates occurs first:
(a) The date required under subsection (9) of this section; or
(b) The 35th day before the date of the primary election or general election.
(11) 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.
(12) Each statement required under this section must be signed and certified as true by the treasurer. Signatures must be supplied in the manner specified by the secretary by rule.
(13) Subsections (6) to (12) of this section do not apply to petition committees that file certificates under ORS 260.112.
(14) As used in this section, “contribution” and “expenditure” include a contribution or expenditure to or on behalf of an initiative, referendum or recall petition. [1983 c.71 §6; 1985 c.808 §57; 1987 c.210 §2; 1987 c.727 §8; 1991 c.719 §54; 1993 c.493 §§70,71; 1995 c.607 §57; 1999 c.999 §11; 2001 c.732 §1; 2001 c.965 §56; 2005 c.797 §16; 2005 c.809 §37; 2007 c.848 §13; 2009 c.818 §12; 2013 c.756 §4; 2017 c.517 §3; 2017 c.749 §54; 2018 c.70 §3]
260.120 [Amended by 1957 c.643 §8; 1961 c.67 §1; repealed by 1971 c.749 §82]
260.122 [1971 c.749 §12; 1973 c.744 §15; repealed by 1977 c.644 §7]
260.130 [1967 c.339 §2; repealed by 1971 c.749 §82]
260.132 [1971 c.749 §13; repealed by 1975 c.683 §15]
260.142 [1971 c.749 §14; repealed by 1973 c.744 §48]
260.150 [1975 c.684 §5; 1979 c.190 §353; repealed by 1987 c.727 §15]
260.152 [1971 c.749 §15; repealed by 1973 c.744 §48]
260.153 [1979 c.190 §354; repealed by 1987 c.727 §15]
260.154 [1973 c.744 §10; repealed by 1975 c.684 §11]
260.156 Determining and reporting expenditures and contributions; rules. (1) The Secretary of State may adopt rules for the manner of determining and reporting expenditures and contributions under this chapter, including but not limited to rules for allocation of contributions and expenditures and for determination of fair market value of contributions other than money. Rules adopted under this section shall provide for proportional reporting of expenditures and contributions that benefit more than one candidate or political committee.
(2) The valuation or allocation of any contribution or expenditure under a rule adopted by the Secretary of State before the contribution or expenditure was made or, if it is a continuing contribution or expenditure, the valuation or allocation of that part available to and used on behalf of the candidate after the adoption of the rule, shall be presumed to be the fair market value or allocation of it. [1973 c.744 §11; 1975 c.683 §10; 1975 c.684 §7a; 1979 c.190 §355; 2001 c.965 §64]
260.158 [1973 c.744 §12; 1975 c.683 §10a; 1979 c.190 §345; renumbered 260.044]
260.159 [1999 c.824 §7; repealed by 2005 c.809 §56]
260.160 [1995 c.1 §3; repealed by 1999 c.999 §59]
260.161 [2001 c.82 §13; repealed by 2005 c.809 §56]
260.162 [1971 c.749 §16; 1973 c.744 §16; 1975 c.675 §34a; 1975 c.683 §11; 1979 c.190 §349; renumbered 260.083]
260.163 County or city campaign finance provisions. (1) A county or city may adopt charter provisions or ordinances that:
(a) Require the filing of electronic or paper statements of contributions received and expenditures made that are in addition to the statements required to be filed under this chapter by candidates for nomination or election to county or city office or by political committees supporting or opposing candidates for nomination or election to county or city office or the adoption of a county or city measure;
(b) Require the filing of electronic or paper statements of independent expenditures made by persons in support of or in opposition to candidates for nomination or election to county or city office or in support of or in opposition to the adoption of a county or city measure that are in addition to the statements required to be filed under this chapter; or
(c) Subject to subsection (2) of this section, designate the county clerk or city elections officer as the filing officer for:
(A) Statements required to be filed under this chapter by candidates for nomination or election to county or city office or by political committees supporting or opposing candidates for nomination or election to county or city office or the adoption of a county or city measure;
(B) Statements required to be filed under this chapter by persons making independent expenditures in support of or opposition to candidates for nomination or election to county or city office or in support of or opposition to the adoption of a county or city measure;
(C) Any additional statements of contributions received or expenditures made that are required by a charter provision or ordinance to be filed by candidates for nomination or election to county or city office or by political committees supporting or opposing candidates for nomination or election to county or city office or the adoption of a county or city measure; or
(D) Any additional statements of independent expenditures made that are required by a charter provision or ordinance to be filed by persons supporting or opposing candidates for nomination or election to county or city office or supporting or opposing the adoption of a county or city measure.
(2) If a county or city adopts a charter provision or ordinance requiring the filing of statements of contributions received and expenditures made or the filing of statements of independent expenditures that are in addition to the statements required to be filed under this chapter, the charter provision or ordinance shall also designate the county clerk or city elections officer as the filing officer for the additional statements.
(3) If a county or city adopts a charter provision or ordinance under subsection (1) of this section:
(a) The county or city shall file a copy of the charter provision or ordinance with the Secretary of State; and
(b) For purposes of this chapter, any additional statements required to be filed by the charter provision or ordinance are considered statements required to be filed under ORS 260.044 or 260.057.
(4) If a county or city adopts a charter provision or ordinance under subsection (1) of this section that designates the county clerk or city elections officer as the filing officer for a statement described in subsection (1) of this section, any reference in this chapter to the filing officer or to the Secretary of State as the filing officer for the statement is considered a reference to the county clerk or the city elections officer. [2005 c.809 §§51,52]
260.164 [1995 c.1 §15; repealed by 1999 c.999 §59]
260.165 [1987 c.902 §9; 1989 c.986 §2; 1989 c.987 §30; repealed by 1993 c.797 §33; amended by 1994 initiative, 1995 c.1 §21; repealed by 1995 c.607 §91]
260.168 [1995 c.1 §4; repealed by 1999 c.999 §59]
260.170 [1987 c.902 §10; 1993 c.493 §71; repealed by 1993 c.797 §33]
260.172 [1995 c.1 §16; repealed by 1999 c.999 §59]
260.174 [Formerly 260.725; 1999 c.318 §43; repealed by 2005 c.797 §73]
260.175 [1987 c.902 §11; repealed by 1993 c.797 §33]
260.178 [1995 c.1 §5; repealed by 1999 c.999 §59]
260.180 [1995 c.1 §6; repealed by 1999 c.999 §59]
260.182 [1995 c.1 §7; repealed by 1999 c.999 §59]
260.184 [1995 c.1 §13; repealed by 1999 c.999 §59]
260.188 [1995 c.1 §8; repealed by 1999 c.999 §59]
260.190 [1995 c.1 §14; repealed by 1999 c.999 §59]
260.192 [1995 c.1 §17; repealed by 1999 c.999 §59]
(Administration and Enforcement)
260.200 Accounts, forms, material to be retained and material not subject to disclosure; rules. The Secretary of State by rule shall:
(1) Prescribe a uniform system for accounts required by ORS 260.055.
(2) Prescribe forms for statements and other information required under this chapter to be filed with filing officers, and furnish those forms to persons required to file those statements and other information.
(3) Prescribe materials, including financial institution account statements and copies of checks, that a candidate, political committee or petition committee must retain or provide to the secretary for purposes of administering or enforcing the provisions of this chapter. The secretary shall prescribe personal or confidential information that is not required to be disclosed under this subsection. [1971 c.749 §17; 1979 c.190 §356; 1985 c.808 §58; 1993 c.493 §72; 1999 c.999 §12; 2005 c.809 §7; 2009 c.818 §29]
260.202 [1995 c.1 §12; repealed by 1999 c.999 §59]
260.205 Inspection of statements; notice of failure to file correct statements; complaints; sufficiency of response. (1) A filing officer shall inspect each statement filed under ORS 260.057, 260.083, 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, 260.112 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.
(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. [1971 c.749 §18; 1979 c.190 §357; 1981 c.142 §6; 1985 c.808 §59; 1991 c.719 §18; 1993 c.493 §73; 1999 c.999 §13; 2001 c.732 §6; 2003 c.542 §16; 2005 c.797 §25; 2005 c.809 §38a; 2009 c.818 §22; 2013 c.758 §8]
260.210 [Amended by 1971 c.749 §36; renumbered 260.402]
260.215 Periodic examination and investigation of statements. (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, 260.112 or 260.118 (6) 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. [1971 c.749 §19; 1973 c.744 §19; 1979 c.190 §358; 1981 c.142 §7; 1983 c.71 §7; 1993 c.493 §74; 1995 c.712 §78; 1999 c.999 §14; 2003 c.542 §17; 2005 c.809 §§39,39a; 2007 c.848 §15; 2009 c.818 §13; 2013 c.758 §9; 2017 c.517 §5; 2018 c.70 §16]
260.218 Subpoena authority; procedure to compel compliance. (1) The Secretary of State, or the Attorney General acting under ORS 260.345, may issue subpoenas to compel the production of records, documents, books, papers, memoranda or other information necessary to determine compliance with the provisions of this chapter.
(2) If a person fails to comply with any subpoena issued under subsection (1) of this section, a judge of the circuit court of any county, on application of the Secretary of State or Attorney General, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the circuit court. [1987 c.727 §13; 1993 c.493 §75; 1999 c.999 §15; 2019 c.637 §6]
260.220 [Repealed by 1971 c.749 §82]
260.225 Court proceedings to compel filing of correct statements; attorney fees. (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, 260.112 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 the petition was filed is entitled to recover reasonable attorney fees at trial and on appeal. [1971 c.749 §20; 1973 c.744 §20; 1979 c.190 §359; 1985 c.808 §60; 1989 c.571 §1; 1993 c.493 §76; 1999 c.999 §16; 2001 c.82 §7; 2003 c.542 §18; 2005 c.809 §40; 2009 c.818 §14; 2013 c.758 §10]
260.227 [1973 c.744 §18; repealed by 1975 c. 684 §1 (260.228 enacted in lieu of 260.227)]
260.228 [1975 c.684 §2 (enacted in lieu of 260.227); 1979 c.519 §34; repealed by 1979 c.190 §431]
260.230 [Repealed by 1967 c.630 §2 (260.231 enacted in lieu of 260.230)]
260.231 [1967 c.630 §3 (260.231 enacted in lieu of 260.230); 1971 c.749 §40; renumbered 260.432]
260.232 Civil penalty for failure to file statement or to include required information; notice. (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, 260.112 or 260.118.
(b) Failure to include in a statement filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.112 or 260.118 the information required under ORS 260.044, 260.057, 260.076, 260.083 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, 260.112 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 or electronically shall notify the person or elector designated under ORS 260.042 or 260.118 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 or electronically to the candidate. The notice shall be used for purposes of determining the deadline for requesting a hearing under subsection (3) of this section.
(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 service date on 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, sworn to before a notary public, to the Secretary of State for entry in the hearing record. The testimony and other evidence must be received by the secretary not later than three business days before the day of the hearing and may be submitted electronically.
(7) A civil penalty imposed under this section may not be more than the following:
(a) For failure to file a statement or certificate required to be filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.112 or 260.118, 10 percent of the total amount of the contribution or expenditure required to be included in the statement or certificate; or
(b) For each failure to include in a statement filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.112 or 260.118 the information required under ORS 260.044, 260.057, 260.076, 260.083 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. [1979 c.190 §360; 1979 c.519 §34a; 1981 c.234 §13; 1983 c.71 §8; 1985 c.471 §14; 1991 c.319 §1; 1991 c.719 §30; 1991 c.734 §118; 1993 c.493 §77; 1993 c.743 §24; 1999 c.999 §17; 2001 c.82 §8; 2003 c.542 §19; 2005 c.797 §17; 2005 c.809 §41; 2009 c.818 §15; 2011 c.652 §9; 2013 c.756 §5; 2013 c.758 §11; 2017 c.517 §4; 2017 c.749 §38; 2021 c.473 §9]
Note: The amendments to 260.232 by section 18, chapter 9, Oregon Laws 2024, become operative January 1, 2027. See section 23, chapter 9, Oregon Laws 2024. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience.
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, 260.112 or 260.118.
(b) Failure to include in a statement filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.112 or 260.118 the information required under ORS 260.044, 260.057, 260.076, 260.083 or 260.118.
(c) Failure to comply with ORS 260.009, 260.014, 260.016, 260.018, 260.059 or 260.416.
(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, 260.112 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 or electronically shall notify the person or elector designated under ORS 260.042 or 260.118 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 or electronically to the candidate. The notice shall be used for purposes of determining the deadline for requesting a hearing under subsection (3) of this section.
(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 service date on 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, sworn to before a notary public, to the Secretary of State for entry in the hearing record. The testimony and other evidence must be received by the secretary not later than three business days before the day of the hearing and may be submitted electronically.
(7) A person subject to this section who has filed a late or insufficient statement of transactions may self-report the late or insufficient statement and pay the penalty to the Secretary of State. Upon receipt of a corrected statement and payment of the penalty due, the secretary may accept and record the penalty without further investigation under this section. Nothing in this subsection prevents the secretary from continuing to investigate noncompliance with the requirements of this section or ORS 260.009, 260.014, 260.016, 260.018, 260.034, 260.042, 260.044, 260.057, 260.059, 260.076, 260.078, 260.083, 260.112, 260.118, 260.266 or 260.416.
(8) 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, 260.112 or 260.118, 10 percent of the total amount of the contribution or expenditure required to be included in the statement or certificate; or
(b) For each failure to include in a statement filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.112 or 260.118 the information required under ORS 260.044, 260.057, 260.076, 260.083 or 260.118, 10 percent of the total amount of the contribution or expenditure required to be included in the statement.
(9) The Secretary of State, upon a showing of mitigating circumstances, may reduce the amount of the penalty described in subsection (8) of this section.
(10) Except as otherwise provided by this section, civil penalties under this section shall be imposed as provided in ORS 183.745.
260.234 Notice of civil penalty; sufficiency of response; timeline for action by filing officer. (1) A filing officer having reason to believe that a violation of an election law or rule for which a civil penalty may be imposed under ORS 260.232 has occurred shall proceed promptly as though the officer had received a complaint under ORS 260.345 and, not later than two years following the date the violation is alleged to have occurred, shall:
(a) Determine whether a violation occurred; and
(b) If a penalty is to be imposed, notify the person alleged to have committed the violation in the manner described in ORS 260.232 (2).
(2) Not later than 90 calendar days after receiving payment for a penalty imposed under ORS 260.232 or receiving other information in response to a notification under subsection (1) of this section, the Secretary of State shall send a notice to the person stating whether the response or payment received is sufficient. [2009 c.818 §25]
260.235 [1971 c.749 §21; 1973 c.744 §21; repealed by 1979 c.190 §431]
260.240 [Repealed by 1967 c.630 §5]
260.241 Removal from general election ballot for failure to file statement; notice to candidate. (1) Despite delay in the filing of statements relating to a candidate’s nomination required to be filed under ORS 260.057, or in the filing of a certificate described in ORS 260.112 in lieu of a statement required under ORS 260.057, prior to the nominating election, the candidate’s name shall appear on the general election ballot if those statements or the certificate is filed before the 61st day before the general election.
(2) A candidate’s name may not be placed on the general election ballot if the statements or certificate referred to in subsection (1) of this section is not filed before the 61st day before the general election.
(3) If the statements or certificate referred to in subsection (1) of this section is not filed by the 68th day before the general election, the filing officer by mail or electronically shall notify the candidate that the candidate’s name may not be placed on the general election ballot. The filing officer shall send the notice described in this subsection by first class mail or electronically to the candidate and the candidate’s treasurer or the treasurer of the candidate’s principal campaign committee. The filing officer is not required to send two notices if the candidate serves as the treasurer of the candidate’s principal campaign committee. [1979 c.190 §361; 1981 c.234 §14; 1985 c.808 §61; 1993 c.493 §78; 1999 c.999 §18; 2005 c.809 §42; 2011 c.652 §10; 2017 c.749 §39]
260.245 Withholding certificate of election or certificate of nomination for failure to file statement. The Secretary of State, county clerk or chief city elections officer may not grant a certificate of election or certificate of nomination to any candidate until the candidate has filed the statements relating to the election that the candidate is required to file under ORS 260.057. [1971 c.749 §22; 1973 c.744 §22; 1977 c.829 §21; 1979 c.190 §362; 1981 c.234 §15; 2003 c.542 §20; 2005 c.809 §43]
260.250 [Amended by 1971 c.749 §41; renumbered 260.442]
260.255 Preservation of filed statements by filing officers; maintenance of data filed electronically; rules. (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, 260.112 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, fiscal, tribal cultural, historical or research purposes and shall establish rules for procedures for the retention and disposition of data described in this section. [1971 c.749 §23; 1973 c.744 §23; 1975 c.683 §12; 1979 c.190 §363; 1981 c.234 §16; 1991 c.719 §31; 1993 c.493 §79; 1999 c.999 §19; 2001 c.82 §9; 2003 c.542 §21; 2005 c.797 §18; 2005 c.809 §§44,44a; 2007 c.848 §29; 2009 c.818 §30; 2013 c.758 §12; 2023 c.35 §10]
260.260 [Repealed by 1971 c.749 §82]
260.262 Accounts of chief petitioners; review and inspection; preservation of accounts; disclosure as public record; rules. (1) As used in this section, “accounts” means:
(a) Any contract entered into by a chief petitioner of an initiative or referendum petition relating to a state measure and any person for purposes of obtaining signatures on the initiative or referendum petition or on a prospective petition for a state measure to be initiated;
(b) Any employment manual or training materials provided to persons who obtain signatures on the petition or prospective petition;
(c) Payroll records for each employee obtaining signatures on the petition or prospective petition showing hours worked, number of signatures collected and amounts paid;
(d) Records identifying the amount and purpose of each payment made by the chief petitioner or any contractor, as defined in ORS 260.563, to any subcontractor, as defined in ORS 260.563, obtaining signatures on the petition or prospective petition; and
(e) Copies of signature sheets circulated by persons who are being paid to obtain signatures on the petition or prospective petition.
(2) For purposes of enforcing section 1b, Article IV of the Oregon Constitution, a chief petitioner of an initiative or referendum petition relating to a state measure who pays any person money or other valuable consideration to obtain signatures on the petition or prospective petition shall keep detailed accounts. The accounts shall be current as of not later than the seventh calendar day after the date a payment is made to a person for obtaining signatures on the petition or prospective petition.
(3) The Secretary of State shall review the accounts of each chief petitioner described in subsection (2) of this section in the manner and according to a regular schedule adopted by the secretary by rule.
(4) In addition to the review conducted under subsection (3) of this section, the secretary, Attorney General or Commissioner of the Bureau of Labor and Industries may inspect the accounts of a chief petitioner described in subsection (2) of this section under reasonable circumstances at any time before the deadline for filing signatures on the petition or during the period specified for retention of the accounts under subsection (5) of this section. The right of inspection may be enforced by writ of mandamus issued by any court of competent jurisdiction.
(5) A chief petitioner must preserve the accounts pertaining to an initiative or referendum petition relating to a state measure, or to a prospective petition for a state measure to be initiated, for at least two years after the deadline for filing the petition for verification of signatures or at least two years after the date the last statement is filed under ORS 260.118, whichever is later.
(6) If a chief petitioner does not produce accounts under subsection (3) or (4) of this section:
(a) There is a rebuttable presumption that a violation of section 1b, Article IV of the Oregon Constitution, has occurred; and
(b) The chief petitioner may not obtain additional signatures on the petition or prospective petition until the chief petitioner is able to supply the accounts to the secretary, Attorney General or commissioner.
(7) Accounts are not subject to disclosure under ORS 192.311 to 192.478. [2007 c.848 §5; 2009 c.533 §4; 2013 c.519 §5]
260.264 Education and assistance regarding campaign finance laws. (1) The Secretary of State shall hire a full-time employee to provide voter education, support and outreach regarding Oregon’s campaign finance laws, including the laws regarding political contributions set forth in ORS 260.006 to 260.021 and 260.416.
(2) The Secretary of State shall provide technical assistance to candidates, campaigns and the public to ensure a smooth transition to the newly enacted contribution limit requirements set forth in ORS 260.006 to 260.021 and 260.416. [2024 c.9 §21]
Note: 260.264 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 260 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
260.265 [1995 c.1 §9; repealed by 1999 c.999 §59]
(Disclosure of Source of Communication or Donation)
260.266 Statement of persons who paid for communication in support of or in opposition to clearly identified candidate; requirements; rules. (1) Except as otherwise provided by a local provision, a communication in support of or in opposition to a clearly identified candidate must state the name of the persons that paid for the communication.
(2) For the purpose of complying with subsection (1) of this section:
(a) Except as provided in paragraph (b) of this subsection, a communication in support of or in opposition to a clearly identified candidate by a political committee or petition committee must state:
(A) The name of the political committee or petition committee; and
(B) The names of the five persons that have made the largest aggregate contributions of $10,000 or more to the committee in the election cycle in which the communication is made.
(b) A communication in support of or in opposition to a clearly identified candidate by an individual, a for-profit business entity or a candidate or the principal campaign committee of a candidate must state the name of the individual, for-profit business entity or candidate.
(c)(A) A communication in support of or in opposition to a clearly identified candidate by a person not described in paragraph (a) or (b) of this subsection must state:
(i) The name of the person; and
(ii) Except as provided in subparagraph (B) of this paragraph, the names of the five persons that have made the largest aggregate donations of $10,000 or more to the person in the election cycle in which the communication is made.
(B) In identifying persons that have made aggregate donations of $10,000 or more, a person described in this paragraph may exclude:
(i) Donations received from an affiliated charitable organization that is tax exempt under section 501(c)(3) of the Internal Revenue Code; and
(ii) Donations and grants received from foundations and other persons that may not be used to make a communication in support of or in opposition to a clearly identified candidate.
(d) Notwithstanding paragraphs (a) to (c) of this subsection, a digital communication may state only the name of the person that made the communication if the digital communication includes an active link to a website that prominently displays the additional information required by this subsection.
(3) A person that makes communications in support of or in opposition to a clearly identified candidate must consider an anonymous donation of $1,000 or more from a single person to be a donation that may not be used to make a communication in support of or in opposition to a clearly identified candidate.
(4)(a) If a person is required to disclose the names of five persons under subsection (2)(a)(B) or (c)(A)(ii) of this section and more than five persons qualify as having made the largest aggregate contributions or donations, the person shall disclose the five applicable persons whose contributions or donations were made closest to the date of initial printing or transmission of the communication.
(b) Except as provided in paragraph (c) of this subsection, the five persons required to be named under subsection (2)(a)(B) or (c)(A)(ii) of this section must be accurate as of 10 days before the most recent payment to print or transmit the communication.
(c) A person that both makes multiple digital communications in support of or in opposition to a clearly identified candidate and uses the method described in subsection (2)(d) of this section to meet the identification requirements of subsection (2)(a)(B) or (c)(A)(ii) of this section, may use one active link to the same website for all digital communications made by the person, provided that the information on the website is accurate as of 10 days before the most recent payment to print or transmit a communication.
(5) This section does not apply to:
(a) Candidates for federal office.
(b) Candidates other than those described in paragraph (a) of this subsection who are not required to use the electronic filing system adopted under ORS 260.057 to file statements of contributions received or expenditures made.
(c) Petition committees that are not required to use the electronic filing system adopted under ORS 260.057 to file statements of contributions received or expenditures made.
(d) Political committees that are not required to use the electronic filing system adopted under ORS 260.057 to file statements of contributions received or expenditures made.
(e) A person that makes independent expenditures and that is exempt under ORS 260.044 from being required to file statements of independent expenditures using the electronic filing system adopted under ORS 260.057.
(f) A communication that is excluded from the definition of “expenditure” under ORS 260.007.
(g) Items of de minimis value relating to a candidate, including but not limited to:
(A) Lawn signs, pins, pens and other similar items;
(B) Skywriting; or
(C) Wearable merchandise.
(h) Any other item that the Secretary of State by rule determines is too small to feasibly include the identifying information required by this section.
(6) The Secretary of State by rule shall prescribe the form of statements required on communications described in this section. Rules adopted under this subsection must ensure that the information required to be included in communications under this section is:
(a) In a font, size and color that are easy for an average person to read, if the communication appears in a print or digital format; and
(b) Clearly audible to the average person, if the communication appears in an audio format.
(7) As used in this section:
(a) “Clearly identified” has the meaning given that term in ORS 260.005 (10)(b).
(b)(A) Except as provided in subparagraph (B) of this paragraph, “communication in support of or in opposition to a clearly identified candidate” means:
(i)(I) The communication, when taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy for the election or defeat of a clearly identified candidate for nomination or election to public office; and
(II) The electoral portion of the communication is unmistakable, unambiguous and suggestive of only one meaning; or
(ii)(I) The communication involves aggregate expenditures by a person of more than the amount provided in ORS 260.044 (1);
(II) The communication refers to a clearly identified candidate who will appear on the ballot; and
(III) The communication is printed or transmitted to the relevant electorate within the time frame provided in ORS 260.005 (10)(c)(B)(iii).
(B)(i) “Communication in support of or in opposition to a clearly identified candidate” includes but is not limited to communications distributed via print, telephone, radio, television or the Internet.
(ii) “Communication in support of or in opposition to a clearly identified candidate” does not include newspaper editorials, printed advertisements with a fair market value of less than $500 or communications made via telephone that have a fair market value of less than $500.
(c)(A) “Donation” means the gift or transfer of moneys or any other item of value to a person subject to subsection (2)(c)(A) of this section, including any membership fees, dues or assessments.
(B) “Donation” does not include moneys or any other item of value received by a person subject to subsection (2)(c)(A) of this section in the ordinary course of a trade or business conducted by the person.
(d) “Election cycle” means the period of time starting on the day after the date of a general election and ending on the date of the next general election.
(e) “Local provision” means a charter provision, ordinance, resolution or other provision adopted by a city, county or other local government. [2019 c.636 §2]
Note: The amendments to 260.266 by section 15, chapter 9, Oregon Laws 2024, become operative January 1, 2028. See section 23, chapter 9, Oregon Laws 2024. The text that is operative on and after January 1, 2028, is set forth for the user’s convenience.
260.266. (1) Except as otherwise provided by a local provision, a communication in support of or in opposition to a clearly identified candidate must state the name of the persons that paid for the communication.
(2) For the purpose of complying with subsection (1) of this section:
(a) Except as provided in paragraph (b) of this subsection, a communication in support of or in opposition to a clearly identified candidate by a political committee or recall petition committee that costs at least $10,000 for the entire placement of the communication and substantially similar communications must state:
(A) The name of the political committee or petition committee; and
(B) The names of the four persons that have made the largest aggregate contributions of $10,000 or more to the committee in the election cycle in which the communication is made.
(b) A communication in support of or in opposition to a clearly identified candidate by an individual, a for-profit business entity or a candidate or the principal campaign committee of a candidate must state the name of the individual, for-profit business entity or candidate.
(c)(A) A communication in support of or in opposition to a clearly identified candidate by a person not described in paragraph (a) or (b) of this subsection must state:
(i) The name of the person; and
(ii) Except as provided in subparagraph (B) of this paragraph, the names of the four persons that have made the largest aggregate donations of $10,000 or more to the person in the election cycle in which the communication is made.
(B) In identifying persons that have made aggregate donations of $10,000 or more, a person described in this paragraph may exclude:
(i) Donations received from an affiliated charitable organization that is tax exempt under section 501(c)(3) of the Internal Revenue Code; and
(ii) Donations and grants received from foundations and other persons that may not be used to make a communication in support of or in opposition to a clearly identified candidate.
(d) Notwithstanding paragraph (b) or (c) of this subsection, a digital communication may state only the name of the person that made the communication if the digital communication includes an active link to a website that prominently displays the additional information required by this subsection.
(3) If a candidate has contributed more than $20,000 to the candidate’s own campaign, a communication subject to this section must include a statement indicating that the candidate has contributed more than $20,000 to the candidate’s own campaign.
(4) A person that makes communications in support of or in opposition to a clearly identified candidate must consider an anonymous donation of $1,000 or more from a single person to be a donation that may not be used to make a communication in support of or in opposition to a clearly identified candidate.
(5)(a) If a person is required to disclose the names of four persons under subsection (2)(a)(B) or (c)(A)(ii) of this section and more than four persons qualify as having made the largest aggregate contributions or donations, the person shall disclose the four applicable persons whose contributions or donations were made closest to the date of initial printing or transmission of the communication.
(b) Except as provided in paragraph (c) of this subsection, the four persons required to be named under subsection (2)(a)(B) or (c)(A)(ii) of this section must be accurate as of 10 days before the most recent payment to print or transmit the communication.
(c) A person that both makes multiple digital communications in support of or in opposition to a clearly identified candidate and uses the method described in subsection (2)(d) of this section to meet the identification requirements of subsection (2)(a)(B) or (c)(A)(ii) of this section, may use one active link to the same website for all digital communications made by the person, provided that the information on the website is accurate as of 10 days before the most recent payment to print or transmit a communication.
(6) A communication in support of or in opposition to a clearly identified candidate that costs at least $10,000 must include an electronic, printed or aural link to the appropriate site on the electronic filing system described in ORS 260.057, that identifies the original sources of funds to the entity that made the expenditure. The link:
(a) Shall be an active link if the communication is in digital form;
(b) Shall be a printed or televised rendition of the link if the communication is in printed or televised form; and
(c) Shall be read as part of the communication if the communication is on radio or other aural format. The Secretary of State shall strive for brevity and clarity in creating links to be read under this paragraph.
(7) The Secretary of State shall by rule provide technical specifications for the links described in subsection (6) of this section.
(8) This section does not apply to:
(a) Candidates for federal office.
(b) Candidates other than those described in paragraph (a) of this subsection who are not required to use the electronic filing system adopted under ORS 260.057 to file statements of contributions received or expenditures made.
(c) Petition committees that are not required to use the electronic filing system adopted under ORS 260.057 to file statements of contributions received or expenditures made.
(d) Political committees that are not required to use the electronic filing system adopted under ORS 260.057 to file statements of contributions received or expenditures made.
(e) A person that makes independent expenditures and that is exempt under ORS 260.044 from being required to file statements of independent expenditures using the electronic filing system adopted under ORS 260.057.
(f) A communication that is excluded from the definition of “expenditure” under ORS 260.007.
(g) Items of de minimis value relating to a candidate, including but not limited to:
(A) Lawn signs, pins, pens and other similar items;
(B) Skywriting; or
(C) Wearable merchandise.
(h) Any other item that the Secretary of State by rule determines is too small to feasibly include the identifying information required by this section.
(9) The Secretary of State by rule shall prescribe the form of statements required on communications described in this section. Rules adopted under this subsection must ensure that the information required to be included in communications under this section is:
(a) In a font, size and color that are easy for an average person to read, if the communication appears in a print or digital format; and
(b) Clearly audible to the average person, if the communication appears in an audio format.
(10) As used in this section:
(a) “Clearly identified” has the meaning given that term in ORS 260.005 (10)(b).
(b)(A) Except as provided in subparagraph (B) of this paragraph, “communication in support of or in opposition to a clearly identified candidate” means:
(i)(I) The communication, when taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy for the election or defeat of a clearly identified candidate for nomination or election to public office; and
(II) The electoral portion of the communication is unmistakable, unambiguous and suggestive of only one meaning; or
(ii)(I) The communication involves aggregate expenditures by a person of more than the amount provided in ORS 260.044 (1);
(II) The communication refers to a clearly identified candidate who will appear on the ballot; and
(III) The communication is printed or transmitted to the relevant electorate within the time frame provided in ORS 260.005 (10)(c)(B)(iii).
(B)(i) “Communication in support of or in opposition to a clearly identified candidate” includes but is not limited to communications distributed via print, telephone, radio, television or the Internet.
(ii) “Communication in support of or in opposition to a clearly identified candidate” does not include newspaper editorials, printed advertisements with a fair market value of less than $500 or communications made via telephone that have a fair market value of less than $500.
(c)(A) “Donation” means the gift or transfer of moneys or any other item of value to a person subject to subsection (2)(c)(A) of this section, including any membership fees, dues or assessments.
(B) “Donation” does not include moneys or any other item of value received by a person subject to subsection (2)(c)(A) of this section in the ordinary course of a trade or business conducted by the person.
(d) “Local provision” means a charter provision, ordinance, resolution or other provision adopted by a city, county or other local government.
260.268 Campaign communication to disclose use of synthetic media; process to enjoin violation; civil penalty as exclusive remedy; exclusions from disclosure requirement. (1) As used in this section:
(a)(A) “Campaign communication” means a communication in support of or in opposition to a clearly identified candidate or measure, as defined in ORS 260.005 (10)(c).
(B) Notwithstanding ORS 260.005 (10)(c)(B)(i), a campaign communication may involve aggregate expenditures of any amount.
(b) “Synthetic media” means an image, audio recording or video recording of an individual’s appearance, speech or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording that produces:
(A) A depiction that a reasonable person would believe is of a real individual in appearance, speech or conduct but that did not actually occur in reality; and
(B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording or video recording.
(2) A campaign communication that includes any form of synthetic media must include a disclosure stating that the image, audio recording or video recording has been manipulated.
(3) The Secretary of State may institute proceedings to enjoin any violation of this section. The Attorney General may institute proceedings to enjoin any violation of this section by the Secretary of State, a candidate for the office of the Secretary of State, or any political committee or person supporting the Secretary of State or a candidate for the office of the Secretary of State. In any action brought under this section, the circuit court may at any time enter such injunctions, prohibitions or restraining orders, or take any other actions as the court may deem proper. A restraining order, prohibition or injunction may be issued under this section without proof of injury or damage to any person. The circuit court shall give priority to the hearing and determination under this section. The court shall award the prevailing party reasonable attorney fees at trial and on appeal.
(4) Upon proof of any violation of this section, the court shall impose a civil penalty of not more than $10,000. All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund.
(5) The remedy provided by this section is the exclusive remedy for a violation of this section.
(6) This section does not apply to:
(a) A provider of an interactive computer service, as defined in 47 U.S.C. 230(f), or an information service, as defined in 47 U.S.C. 153;
(b) A radio or television station, including a cable or satellite television operator, programmer or producer, that broadcasts a campaign communication that includes synthetic media as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of a bona fide news event, if the broadcast or publication clearly acknowledges through content or disclosure, in a manner that can be easily heard and understood or read by the average listener or viewer, that there are questions about authenticity in the communication;
(c) A radio or television broadcasting station, including a cable or satellite television operator, programmer or producer, an Internet website or an online platform, when the station, website or platform is paid to broadcast or publish a campaign communication that includes synthetic media;
(d) A regularly published newspaper, magazine or other periodical of general circulation, including an Internet or electronic publication, or an Internet service or website provider, that publishes a campaign communication that includes synthetic media, if the communication includes a statement that the synthetic media contained therein does not accurately represent a ballot issue or candidate; or
(e) Content that constitutes satire, parody or that is substantially dependent on the ability of an individual to physically or verbally impersonate a candidate without the use of technology. [2024 c.62 §1]
260.269 Rules for synthetic media disclosures. The Secretary of State may adopt rules necessary to implement ORS 260.268. [2024 c.62 §4]
Note: 260.269 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 260 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
260.270 [Amended by 1957 c.644 §1; 1971 c.749 §44; renumbered 260.462]
260.275 [2019 c.637 §2; repealed by 2024 c.9 §16]
260.280 [Amended by 1957 c.605 §1; 1967 c.630 §1; 1971 c.749 §45; renumbered 260.472]
260.281 [2019 c.637 §3; repealed by 2024 c.9 §16]
260.285 [2019 c.637 §4; 2021 c.473 §10; repealed by 2024 c.9 §16]
260.290 [Repealed by 1957 c.644 §28]
260.300 [Amended by 1957 c.644 §2; repealed by 1971 c.749 §82]
260.305 [Formerly 260.010; repealed by 1973 c.744 §48]
260.310 [Amended by 1971 c.749 §47; renumbered 260.482]
ELECTION OFFENSES
(Administration and Enforcement)
260.315 Distribution of copies of law. (1) The Secretary of State, at the expense of the state, shall make available to the other filing officers copies of this chapter.
(2) A filing officer shall make available 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, 260.112 or 260.118. [Formerly 260.030; 1979 c.190 §364; 1993 c.493 §80; 2001 c.82 §10; 2003 c.542 §22; 2005 c.809 §45; 2013 c.758 §13; 2023 c.600 §23]
260.320 [Amended by 1971 c.749 §48; renumbered 260.492]
260.325 [Formerly 260.540; 1979 c.190 §4; renumbered 246.046]
260.330 [Amended by 1957 c.644 §3; repealed by 1971 c.749 §82]
260.335 [1967 c.618 §§2,3; 1971 c.749 §50; renumbered 260.502]
260.340 [Amended by 1957 c.644 §5; 1971 c.749 §51; renumbered 260.512]
260.345 Complaints or other information regarding violations; action by Secretary of State and Attorney General. (1) Any elector may file with any filing officer a written complaint alleging that a violation of an election law or rule adopted by the Secretary of State under ORS chapters 246 to 260 has occurred and stating the reason for believing that the violation occurred and any evidence relating to it. A complaint and any evidence relating to it may be filed electronically. A complaint alleging a violation involving the Secretary of State, a candidate for the office of Secretary of State, or any political committee or person supporting the Secretary of State or a candidate for the office of Secretary of State may be filed with the Attorney General. The Secretary of State or Attorney General shall not accept an anonymous complaint.
(2) The Secretary of State by rule shall prescribe the procedure for processing a complaint filed with any person other than the Secretary of State. If the complaint concerns the Secretary of State, any candidate for the office of the Secretary of State, or any political committee or person supporting the candidacy of the Secretary of State or of another person for the office of Secretary of State, the complaint and any additional information relating to the complaint shall be sent to the Attorney General.
(3) Upon receipt of a complaint under subsection (1) or (2) of this section the Secretary of State or Attorney General immediately shall examine the complaint to determine whether a violation of an election law or rule has occurred and shall make any investigation the Secretary of State or Attorney General considers necessary. Except as provided in this subsection, within three business days of determining that an investigation is necessary to determine whether a violation of an election law or rule has occurred, the Secretary of State or Attorney General shall notify the person who is the subject of the complaint that an investigation will take place. If the Secretary of State or Attorney General receives a complaint or complaints involving 10 or more individuals, political committees or petition committees in any 48-hour period, the Secretary of State or Attorney General need not notify the persons who are the subjects of those complaints within three business days of receiving the complaints but shall notify those persons not later than 10 business days after determining that an investigation is necessary to determine whether a violation of election law or rule has occurred.
(4) If the Secretary of State believes after an investigation under subsection (3) of this section that a violation of an election law or rule has occurred, the secretary:
(a) In the case of a violation that is subject to a penalty under ORS 260.993, immediately shall report the findings to the Attorney General and request prosecution. If the violation involves the Attorney General, a candidate for that office or a political committee or person supporting or opposing the Attorney General or a candidate for that office, the Secretary of State shall appoint another prosecutor for that purpose;
(b) In the case of a violation not subject to a penalty under ORS 260.268, 260.537 or 260.993, may impose a civil penalty under ORS 260.995;
(c) In the case of a violation under ORS 260.537, may institute civil proceedings in the manner described in ORS 260.537; or
(d) In the case of a violation under ORS 260.268, may institute civil proceedings in the manner described in ORS 260.268.
(5) Upon receipt of a complaint or report under subsection (1), (2) or (4) of this section involving an alleged violation subject to a penalty under ORS 260.993 or an alleged violation of ORS 260.268 or 260.537, the Attorney General or other prosecutor immediately shall examine the complaint or report to determine whether a violation of an election law has occurred. If the Attorney General or prosecutor determines that a violation has occurred, the Attorney General or prosecutor immediately shall begin prosecution or civil proceedings in the name of the state. The Attorney General or other prosecutor shall have the same powers in any county of this state as the district attorney for the county.
(6) Upon receipt of a complaint under subsection (1) or (2) of this section involving an alleged violation of an election law or rule not subject to a penalty under ORS 260.268, 260.537 or 260.993, the Attorney General shall examine the complaint to determine whether a violation of an election law or rule has occurred and shall make any investigation the Attorney General considers necessary. If the Attorney General believes after an investigation that a violation of an election law or rule has occurred, the Attorney General may impose a civil penalty under ORS 260.995.
(7) In the case of an alleged violation subject to a civil penalty under ORS 260.995 or an alleged violation of ORS 260.268 or 260.537, a complaint shall be filed by an elector under this section no later than 90 days following the election at which a violation of an election law or rule is alleged to have occurred, or 90 days following the date the violation of an election law or rule is alleged to have occurred, whichever is later.
(8) A filing officer having reason to believe that a violation of an election law or rule has occurred shall proceed promptly as though the officer had received a complaint. Except as provided in ORS 260.234, a filing officer shall proceed under this subsection no later than two years following the election at which a violation of an election law or rule is alleged to have occurred, or two years following the date the violation of an election law or rule is alleged to have occurred, whichever is later. If a filing officer has not proceeded within two years because of fraud, deceit, misleading representation or the filing officer could not have reasonably discovered the alleged violation, the filing officer shall proceed no later than five years following the election at which a violation of an election law or rule is alleged to have occurred, or five years following the date the violation of an election law or rule is alleged to have occurred, whichever is later. [Formerly 260.105; 1973 c.744 §24; 1979 c.190 §365; 1987 c.718 §2; 1987 c.727 §9; 1989 c.171 §35; 1989 c.301 §1; 1989 c.571 §2; 1991 c.719 §32; 1993 c.493 §81; 2009 c.818 §23; 2011 c.607 §14; 2021 c.291 §3; 2022 c.84 §4; 2023 c.600 §22; 2024 c.62 §3]
Note: The amendments to 260.345 by section 19, chapter 9, Oregon Laws 2024, become operative January 1, 2027. See section 23, chapter 9, Oregon Laws 2024. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience.
260.345. (1) Any elector may file with any filing officer a written complaint alleging that a violation of an election law or rule adopted by the Secretary of State under ORS chapters 246 to 260 has occurred and stating the reason for believing that the violation occurred and any evidence relating to it. A complaint and any evidence relating to it may be filed electronically. A complaint alleging a violation involving the Secretary of State, a candidate for the office of Secretary of State, or any political committee or person supporting the Secretary of State or a candidate for the office of Secretary of State may be filed with the Attorney General. The Secretary of State or Attorney General shall not accept an anonymous complaint.
(2) The Secretary of State by rule shall prescribe the procedure for processing a complaint filed with any person other than the Secretary of State. If the complaint concerns the Secretary of State, any candidate for the office of the Secretary of State, or any political committee or person supporting the candidacy of the Secretary of State or of another person for the office of Secretary of State, the complaint and any additional information relating to the complaint shall be sent to the Attorney General. An investigation must be commenced within 30 days of receiving the complaint and a finding must be issued within 60 days of receiving the complaint.
(3) Upon receipt of a complaint under subsection (1) or (2) of this section the Secretary of State or Attorney General immediately shall examine the complaint to determine whether a violation of an election law or rule has occurred and shall make any investigation the Secretary of State or Attorney General considers necessary. Except as provided in this subsection, within three business days of determining that an investigation is necessary to determine whether a violation of an election law or rule has occurred, the Secretary of State or Attorney General shall notify the person who is the subject of the complaint that an investigation will take place. If the Secretary of State or Attorney General receives a complaint or complaints involving 10 or more individuals, political committees or petition committees in any 48-hour period, the Secretary of State or Attorney General need not notify the persons who are the subjects of those complaints within three business days of receiving the complaints but shall notify those persons not later than 10 business days after determining that an investigation is necessary to determine whether a violation of election law or rule has occurred.
(4) If the Secretary of State believes after an investigation under subsection (3) of this section that a violation of an election law or rule has occurred, the secretary:
(a) In the case of a violation that is subject to a penalty under ORS 260.993, immediately shall report the findings to the Attorney General and request prosecution. If the violation involves the Attorney General, a candidate for that office or a political committee or person supporting or opposing the Attorney General or a candidate for that office, the Secretary of State shall appoint another prosecutor for that purpose;
(b) In the case of a violation not subject to a penalty under ORS 260.268, 260.537 or 260.993, may impose a civil penalty under ORS 260.995;
(c) In the case of a violation under ORS 260.537, may institute civil proceedings in the manner described in ORS 260.537; or
(d) In the case of a violation under ORS 260.268, may institute civil proceedings in the manner described in ORS 260.268.
(5) Upon receipt of a complaint or report under subsection (1), (2) or (4) of this section involving an alleged violation subject to a penalty under ORS 260.993 or an alleged violation of ORS 260.268 or 260.537, the Attorney General or other prosecutor immediately shall examine the complaint or report to determine whether a violation of an election law has occurred. If the Attorney General or prosecutor determines that a violation has occurred, the Attorney General or prosecutor immediately shall begin prosecution or civil proceedings in the name of the state. The Attorney General or other prosecutor shall have the same powers in any county of this state as the district attorney for the county.
(6) Upon receipt of a complaint under subsection (1) or (2) of this section involving an alleged violation of an election law or rule not subject to a penalty under ORS 260.268 or 260.537 or 260.993, the Attorney General shall examine the complaint to determine whether a violation of an election law or rule has occurred and shall make any investigation the Attorney General considers necessary. If the Attorney General believes after an investigation that a violation of an election law or rule has occurred, the Attorney General may impose a civil penalty under ORS 260.995.
(7) In the case of an alleged violation subject to a civil penalty under ORS 260.995 or an alleged violation of ORS 260.268 or 260.537, a complaint shall be filed by an elector under this section no later than 90 days following the election at which a violation of an election law or rule is alleged to have occurred, or 90 days following the date the violation of an election law or rule is alleged to have occurred, whichever is later.
(8) A filing officer having reason to believe that a violation of an election law or rule has occurred shall proceed promptly as though the officer had received a complaint. Except as provided in ORS 260.234, a filing officer shall proceed under this subsection no later than two years following the election at which a violation of an election law or rule is alleged to have occurred, or two years following the date the violation of an election law or rule is alleged to have occurred, whichever is later. If a filing officer has not proceeded within two years because of fraud, deceit, misleading representation or the filing officer could not have reasonably discovered the alleged violation, the filing officer shall proceed no later than five years following the election at which a violation of an election law or rule is alleged to have occurred, or five years following the date the violation of an election law or rule is alleged to have occurred, whichever is later.
(9) In the case of a complaint alleging a violation of the original source of funds disclosure requirements of ORS 260.059, the complainant shall be notified of the outcome of any investigation.
(10)(a) In the case of a complaint alleging a violation of an election law or rule for which a civil penalty of greater than $10,000 may be imposed, the complainant shall be notified of the outcome of any investigation and may request an administrative hearing. If the complainant requests a hearing under this subsection, a contested case hearing under ORS 183.413 to 183.470 must be held.
(b) The contested case hearing officer shall prepare and issue a final order for any contested case hearing held under this subsection.
260.350 [Repealed by 1971 c.749 §82]
260.351 Court proceedings for election law violations. A proceeding for violation of an election law shall be advanced on the docket of the court upon request of any party. However, the court may postpone or continue the trial if justice demands. As a condition of a continuance or postponement the court may impose costs. No petition shall be dismissed without the consent of the prosecutor, unless it is dismissed by the court. [Formerly 260.375; 1985 c.471 §15]
260.355 Deprivation of nomination or office for deliberate and material election violation. If, after a plea of guilty by or verdict of guilty against a person nominated or elected to a public office in a criminal prosecution of the person for violation of an election law in regard to either the person’s nomination or election, the court determines that the violation was deliberate and material, the court, in addition to any other punishment it may impose, shall deprive the person of the nomination or, if the person was elected to an office other than state Senator or state Representative, of the office. In making the determination the court, in its discretion, may hear evidence, by testimony in open court or, if authorized by the court, by deposition, at a specified time and upon notice to the parties as the court may direct. [1971 c.749 §30; 1979 c.190 §367]
260.360 [Amended by 1955 c.446 §1; 1971 c.749 §52; renumbered 260.522]
260.365 Election or appointment after deprivation of nomination or office for violation. (1) A person nominated or elected to public office, and whose nomination or election has been annulled for violation of an election law, shall not serve, during the term of the office, in any office or vacancy in any office or position of trust, honor or emolument, whether elected or appointed, in this state.
(2) An appointment or election to an office or position of trust, honor or emolument made in violation of subsection (1) of this section shall be void. [Formerly 260.470; 1979 c.190 §368]
260.368 Investigations of violations of prohibition on payment based on number of signatures obtained on petition. For the purpose of investigating violations of section 1b, Article IV of the Oregon Constitution, the Secretary of State, Attorney General and Commissioner of the Bureau of Labor and Industries may cooperate and share information as considered necessary by the secretary, Attorney General or commissioner. [2007 c.848 §6]
260.370 [Repealed by 1971 c.749 §82]
260.375 [Formerly 260.520; 1979 c.190 §366; renumbered 260.351]
260.380 [Amended by 1967 c.83 §1; 1971 c.749 §54; renumbered 260.532]
260.390 [Amended by 1957 c.644 §6; repealed by 1971 c.749 §82]
260.400 [1965 c.489 §1; repealed by 1971 c.749 §82]
(Particular Offenses)
260.402 Contribution in false name; prohibition on establishment of entity to obscure original source of funds. (1) A person may not directly or indirectly reimburse a person for making a contribution or donation, or make a contribution or donation in any name other than that of the person that in truth provides the contribution or donation, to:
(a) Any other person, relating to a nomination or election of any candidate or the support of or opposition to any measure;
(b) Any political committee;
(c) Any entity required by ORS 260.059 to disclose the original source of funds used to pay for candidate campaign independent expenditures; or
(d) A petition committee required to file a statement under ORS 260.118.
(2) A person may not establish an entity for the purpose of obscuring the original source of funds used to pay for candidate campaign independent expenditures or evading contribution limits.
(3) Except as provided in subsection (4) of this section, a person, political committee, petition committee or entity required to make a disclosure under ORS 260.059 may not knowingly receive a contribution or donation prohibited under subsection (1) of this section or enter or cause the contribution or donation to be entered in accounts or records in another name than that of the person that actually provided the contribution or donation.
(4) If a person receives a contribution from a political committee, the person may enter the contribution into accounts or records as received from the political committee.
(5) As used in this section, “original source of funds” has the meaning given that term in ORS 260.059. [Formerly 260.210; 1973 c.744 §25; 1979 c.190 §369; 1991 c.911 §1; 2005 c.797 §19; 2005 c.809 §15; 2007 c.848 §30; 2009 c.818 §16; 2019 c.637 §5; 2024 c.9 §17]
260.405 [1967 c.593 §2; 1971 c.749 §55; renumbered 260.542]
260.407 Use of contributed amounts for certain purposes. (1)(a) Except as provided in paragraph (b) of this subsection, amounts received as contributions by a candidate, the principal campaign committee of a candidate or the principal campaign committee of 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.
(b) Amounts received as contributions by a candidate, the principal campaign committee of a candidate for public office or the principal campaign committee of 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, a civil penalty imposed for campaign finance violations by a provision of a county charter or ordinance, a civil penalty imposed for campaign finance violations by a city charter or ordinance, or a civil penalty imposed by any charter or ordinance provision adopted under the authority of ORS 260.163, except that contributions described in this subsection may not be used to pay a civil penalty imposed for a violation of this section or ORS 260.409 or an equivalent provision of a county or city charter or ordinance;
(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 ORS chapters 246 to 260, a campaign finance provision of a county charter or ordinance, a campaign finance provision of a city charter or ordinance, or any charter or ordinance provision adopted under the authority of ORS 260.163, except that contributions described in this subsection may not be used to pay legal expenses incurred in connection with a proceeding brought under this section or ORS 260.409 or an equivalent provision of a county or city charter or ordinance; or
(D) Used to make payments in connection with a nondisclosure agreement relating to workplace harassment. A nondisclosure agreement made in violation of this subparagraph is void and may not be enforced by a court of this state.
(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 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, a civil penalty imposed for campaign finance violations by a provision of a county charter or ordinance, a civil penalty imposed for campaign finance violations by a city charter or ordinance, or a civil penalty imposed by any charter or ordinance provision adopted under the authority of ORS 260.163, except that contributions described in this subsection may not be used to pay a civil penalty imposed for a violation of this section or ORS 260.409 or an equivalent provision of a county or city charter or ordinance;
(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 ORS chapters 246 to 260, a campaign finance provision of a county charter or ordinance, a campaign finance provision of a city charter or ordinance, or any charter or ordinance provision adopted under the authority of ORS 260.163, except that contributions described in this subsection may not be used to pay legal expenses incurred in connection with a proceeding brought under this section or ORS 260.409 or an equivalent provision of a county or city charter or ordinance; or
(D) Used to make payments in connection with a nondisclosure agreement relating to workplace harassment. A nondisclosure agreement made in violation of this subparagraph is void and may not be enforced by a court of this state.
(3)(a) Except as provided in paragraph (b) of this subsection, amounts received as contributions by a chief petitioner or treasurer of a petition committee 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, a civil penalty imposed for campaign finance violations by a provision of a county charter or ordinance, a civil penalty imposed for campaign finance violations by a city charter or ordinance, or a civil penalty imposed by any charter or ordinance provision adopted under the authority of ORS 260.163, except that contributions described in this subsection may not be used to pay a civil penalty imposed for a violation of this section or ORS 260.409 or an equivalent provision of a county or city charter or ordinance;
(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 ORS chapters 246 to 260, a campaign finance provision of a county charter or ordinance, a campaign finance provision of a city charter or ordinance, or any charter or ordinance provision adopted under the authority of ORS 260.163, except that contributions described in this subsection may not be used to pay legal expenses incurred in connection with a proceeding brought under this section or ORS 260.409 or an equivalent provision of a county or city charter or ordinance; or
(D) Used to make payments in connection with a nondisclosure agreement relating to workplace harassment. A nondisclosure agreement made in violation of this subparagraph is void and may not be enforced by a court of this state.
(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.
(d) “Workplace harassment” means conduct that constitutes discrimination prohibited by ORS 659A.030, including conduct that constitutes sexual assault as defined in ORS 181A.323. [1995 c.1 §18; 1999 c.999 §20; 2007 c.877 §14; 2009 c.818 §17; 2010 c.9 §9; 2013 c.758 §14; 2017 c.749 §40; 2019 c.462 §1; 2024 c.56 §9]
260.409 Prohibition on use of contributions for professional services rendered by candidate. A candidate or principal campaign committee of a candidate may not use amounts received as contributions by the candidate or committee to make an expenditure to or on behalf of the candidate in consideration for the rendering of professional services by the candidate. [2005 c.809 §12]
260.410 [Repealed by 1971 c.749 §82]
260.412 [1971 c.749 §38; 1973 c.744 §26; 1979 c.190 §387; renumbered 260.665]
260.413 Prohibition on committee providing consideration in connection with nondisclosure agreement relating to workplace harassment. (1) In addition to the requirements set forth in ORS 260.407, a political committee or petition committee may not provide any form of consideration in connection with a nondisclosure agreement relating to workplace harassment.
(2) As used in this section:
(a) “Consideration in connection with a nondisclosure agreement” includes any form of consideration provided in exchange for the silence of an individual on issues relating to workplace harassment, including but not limited to:
(A) Money;
(B) Stock, personal property or other items with a resale value;
(C) Severance pay or benefits for an individual who resigned or was fired from a place of employment without cause;
(D) The promise of a positive reference or assistance in obtaining future employment in a position in which the individual’s salary is paid for with public moneys;
(E) The promise of a bonus payment of moneys in addition to the individual’s salary;
(F) Alternative work arrangements that have the effect of reducing the amount of work required to be performed by the individual, or of removing the individual from the workplace; or
(G) Any agreement that terminates the employment of the individual and includes a waiver of past or future claims against the holder of public office, the public body or any public employee.
(b) “Workplace harassment” means conduct that constitutes discrimination prohibited by ORS 659A.030, including conduct that constitutes sexual assault as defined in ORS 181A.323. [2019 c.462 §5]
260.415 [Formerly 260.472; repealed by 1983 c.71 §12]
260.416 Prohibitions regarding campaign contributions and independent expenditures. (1) A person may not, directly or indirectly:
(a) Require an employee or contractor to make a contribution or independent expenditure to support or oppose any candidate; or
(b) Provide or promise any benefit or impose or threaten any detriment due to a decision by an employee or contractor on whether to make a contribution or independent expenditure to support or oppose a candidate.
(2)(a) A foreign national, foreign corporation or foreign entity may not, directly or indirectly, make or offer to make a candidate campaign contribution or expenditure or make a donation used by an entity to pay for candidate campaign independent expenditures.
(b) As used in this subsection, “foreign national” means a foreign principal, as defined in 22 U.S.C. 611(b), but does not include any individual who is:
(A) A citizen of the United States;
(B) A national of the United States;
(C) Lawfully admitted for permanent residence in the United States; or
(D) A resident of Oregon. [2024 c.9 §9]
Note: 260.416 becomes operative January 1, 2027. See section 23, chapter 9, Oregon Laws 2024.
260.420 [Amended by 1971 c.749 §43; renumbered 260.452]
260.422 Prohibition on acceptance of employment where compensation to be contributed. No person shall accept employment with the understanding or agreement, express or implied, that the person will contribute any of the compensation to be received because of the employment to or on behalf of a candidate or political committee in support of the nomination or election of the candidate or in support of or in opposition to a measure. [1971 c.749 §39; 1973 c.744 §27; 1979 c.190 §371]
260.430 [Amended by 1971 c.644 §7; repealed by 1971 c.749 §82]
260.432 Prohibition on certain requirements of public employees; activities of public employees during working hours; exceptions. (1) A person may not attempt to, or actually, coerce, command or require a public employee to:
(a) Influence or give money, service or other thing of value to promote or oppose any political committee;
(b) Promote or oppose the appointment, nomination or election of a person to a public office;
(c) Promote or oppose the filing of an initiative, referendum or recall petition;
(d) Promote or oppose the gathering of signatures on an initiative, referendum or recall petition; or
(e) Promote or oppose the adoption of a measure or the recall of a public office holder.
(2) A public employee may not engage in any of the following activities while on the job during working hours or while otherwise acting in the public employee’s official capacity:
(a) Solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee;
(b) Promote or oppose the appointment, nomination or election of a person to a public office;
(c) Promote or oppose the filing of an initiative, referendum or recall petition;
(d) Promote or oppose the gathering of signatures on an initiative, referendum or recall petition; or
(e) Promote or oppose the adoption of a measure or the recall of a public office holder.
(3) This section does not restrict:
(a) The right of a public employee to express personal political views, provided that a reasonable person would not infer that the personal political views of the public employee represent the views of the public employer of the public employee; or
(b) A public employee from communicating with a separate public employee or elected official about the appointment of a person to a public office, provided that the communication is made in furtherance of the recipient’s official duties relating to an appointment required by the Oregon Constitution or a state statute.
(4) Each public employer shall have posted in a conspicuous place likely to be seen by its employees the following notice in printed or typewritten form:
______________________________________________________________________________
ATTENTION ALL PUBLIC EMPLOYEES:
The restrictions imposed by the law of the State of Oregon on your political activities are that “No public employee shall solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee; promote or oppose the appointment, nomination or election of a person to a public office; or promote or oppose the filing of or gathering of signatures on an initiative, referendum or recall petition or the adoption of a measure or the recall of a public office holder while on the job during working hours or while otherwise acting in the public employee’s official capacity as a public employee. However, this section does not restrict the right of a public employee to express personal political views, provided that a reasonable person would not infer that the views represent those of the public employer of the public employee.”
It is therefore the policy of the state and of your public employer that you may engage in political activity except to the extent prohibited by state law when on the job during working hours or while otherwise working in your official capacity as a public employee.
______________________________________________________________________________
(5)(a) Notwithstanding subsections (1) and (2) of this section:
(A) The recognized student government of a community college or public university listed in ORS 352.002, or a member of the recognized student government while acting as a member, may make a statement or issue a resolution to promote or oppose:
(i) The gathering of signatures on an initiative or referendum petition; or
(ii) The adoption of a measure.
(B) A member of the board of education of a community college district, a member of the governing board, as defined in ORS 352.029, of a public university or an employee of a community college or public university may take any action as a public employee that is necessary to allow the recognized student government, or member of the recognized student government, to engage in activities described in subparagraph (A) of this paragraph.
(b) Except for facilitating the actions described in paragraph (a) of this subsection, the recognized student government of a community college or public university, or a member of the recognized student government while acting as a member, may not use mandatory student-initiated fees, mandatory enrollment fees, mandatory incidental fees or any public moneys to promote or oppose any political committee or promote or oppose the appointment, nomination or election of a person to a public office, the filing of or the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder.
(6) Nothing in this section prohibits an employee of the legislative branch from explaining the vote of a member of the Legislative Assembly on:
(a) An Act that has been referred to the people by law or petition under Article IV, section 1 (3), of the Oregon Constitution;
(b) An Act for which a prospective referendum petition has been filed under ORS 250.045; or
(c) A constitutional amendment or revision proposed under Article XVII, section 1 or 2, of the Oregon Constitution.
(7) As used in this section:
(a) “Public employee” does not include an elected official or a person appointed as a director to the board of a pilot education service district under ORS 334.108.
(b) “Public employer” includes any board, commission, committee, department, division or institution in the executive, administrative, legislative or judicial branch of state government, and any county, city, district or other municipal corporation or public corporation organized for a public purpose, including a cooperative body formed between municipal or public corporations.
(c) “While on the job during working hours” does not include periods of time during which a public employee is taking time off for a meal break or rest break or periods of time during which a public employee is utilizing otherwise allowable time off in accordance with the labor laws of this state. [Formerly 260.231; 1973 c.53 §1; 1973 c.744 §27a; 1979 c.190 §372; 1979 c.519 §35a; 1983 c.71 §9; 1983 c.392 §1; 1985 c.565 §39; 1985 c.808 §62; 1987 c.718 §3; 1993 c.493 §106; 2007 c.589 §§7,8; 2010 c.9 §§15,16; 2013 c.13 §2; 2019 c.377 §1; 2023 c.268 §1]
260.440 [Amended by 1971 c.644 §8; repealed by 1971 c.749 §82]
260.442 [Formerly 260.250; 1973 c.744 §28; 1979 c.190 §383; renumbered 260.625]
260.450 [Repealed by 1957 c.644 §28]
260.452 [Formerly 260.420; 1973 c.744 §29; repealed by 1979 c.190 §431]
260.460 [Repealed by 1957 c.644 §28]
260.462 [Formerly 260.270; 1973 c.744 §30; 1979 c.190 §386; renumbered 260.655]
260.470 [Amended by 1957 c.644 §9; 1971 c.749 §34; renumbered 260.365]
260.472 [Formerly 260.280; 1973 c.744 §31; 1979 c.190 §370; renumbered 260.415]
260.480 [Amended by 1957 c.644 §11; repealed by 1971 c.749 §82]
260.482 [Formerly 260.310; 1973 c.744 §32; 1977 c.678 §3; 1979 c.190 §384; renumbered 260.635]
260.490 [Amended by 1959 c.644 §12; repealed by 1971 c.749 §82]
260.492 [Formerly 260.320; 1973 c.744 §33; repealed by 1979 c.190 §431]
260.500 [Amended by 1957 c.644 §13; 1971 c.749 §56; renumbered 260.552]
260.502 [Formerly 260.335; repealed by 1973 c.744 §48]
260.510 [Amended by 1957 c.644 §14; repealed by 1971 c.749 §82]
260.512 [Formerly 260.340; 1973 c.744 §34; 1979 c.190 §380; renumbered 260.605]
260.520 [Amended by 1957 c.644 §15; 1971 c.749 §35; renumbered 260.375]
260.522 [Formerly 260.360; 1973 c.483 §1; 1973 c.744 §35; 1975 c.683 §13; 1979 c.190 §373; 1981 c.234 §17; 1983 c.71 §11; 1985 c.808 §63; 1989 c.503 §28; 1989 c.1054 §13; 1993 c.359 §1; 1993 c.618 §2; repealed by 2001 c.965 §66]
260.530 [Repealed by 1957 c.644 §28]
260.532 Prohibition on publication of false statement relating to candidate or measure; civil action; damages; other remedies; limitation on action. (1) No person shall cause to be written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, any letter, circular, bill, placard, poster, photograph or other publication, or cause any advertisement to be placed in a publication, or singly or with others pay for any advertisement or circulate an advertisement by electronic or telephonic means, with knowledge or with reckless disregard that the letter, circular, bill, placard, poster, photograph, publication or advertisement contains a false statement of material fact relating to any candidate, political committee or measure.
(2) As used in subsection (1) of this section, “cause” does not include the broadcast of an advertisement by a radio or television station or cable television company unless the advertisement is for:
(a) The candidacy of the owner, licensee or operator of the station or company; or
(b) A ballot measure of which a chief petitioner is the owner, licensee or operator of the station or company.
(3) A candidate who knows of and consents to a publication or advertisement prohibited by this section with knowledge or with reckless disregard that it contains a false statement of material fact, violates this section regardless of whether the candidate has participated directly in the publication or advertisement.
(4) There is a rebuttable presumption that a candidate knows of and consents to any publication or advertisement prohibited by this section caused by a political committee over which the candidate exercises any direction and control.
(5) Any candidate or political committee aggrieved by a violation of this section shall have a right of action against the person alleged to have committed the violation. The aggrieved party may file the action in the circuit court for any county in this state in which a defendant resides or can be found or, if the defendant is a nonresident of this state, in the circuit court for any county in which the publication occurred. To prevail in such an action, the plaintiff must show by clear and convincing evidence that the defendant violated subsection (1) of this section.
(6) A plaintiff who prevails in an action provided by subsection (5) of this section may recover economic and noneconomic damages, as defined in ORS 31.705, or $2,500, whichever is greater. The court may award such additional equitable relief as it considers necessary or proper. The equitable relief may include, but is not limited to, a requirement that a retraction of the false statement be disseminated in the manner directed by the court. Proof of entitlement to economic and noneconomic damages must be by a preponderance of evidence. The court shall award the prevailing party reasonable attorney fees at trial and on appeal.
(7) A political committee has standing to bring an action provided by subsection (5) of this section as plaintiff in its own name, if its purpose as evidenced by its preelection activities, solicitations and publications has been injured by the violation and if it has fully complied with the provisions of this chapter. In an action brought by a political committee as provided by subsection (5) of this section, the plaintiff may recover economic and noneconomic damages for all injury to the purpose of the committee as provided in subsection (6) of this section.
(8) If a judgment is rendered in an action under this section against a defendant who has been nominated to public office or elected to a public office other than state Senator or state Representative, and it is established by clear and convincing evidence that the false statement was deliberately made or caused to be made by the defendant, the finder of fact shall determine whether the false statement reversed the outcome of the election. If the finder of fact finds by clear and convincing evidence that the false statement reversed the outcome of the election, the defendant shall be deprived of the nomination or election and the nomination or office shall be declared vacant.
(9) An action under this section must be filed not later than the 30th day after the election relating to which a publication or advertisement in violation of this section was made. Proceedings on a complaint filed under this section shall have precedence over all other business on the docket. The courts shall proceed in a manner which will ensure that:
(a) Final judgment on a complaint which relates to a primary election or nominating election is rendered before the 30th day before the general election; and
(b) Final judgment on a complaint which relates to an election to an office is rendered before the term of that office begins.
(10) The remedy provided by this section is the exclusive remedy for a violation of this section. [Formerly 260.380; 1973 c.744 §36; 1975 c.683 §14; 1979 c.190 §374; 1979 c.667 §2; 1981 c.897 §45; 1983 c.756 §1; 1985 c.808 §63a; 1995 c.712 §79; 1997 c.829 §1; 1999 c.941 §1; 1999 c.999 §58; 2021 c.291 §4; 2021 c.478 §10]
260.537 Prohibition on publication of false statement intended to mislead electors; civil action; penalties. (1) A person may not cause to be written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, any letter, circular, bill, placard, poster, photograph or other publication, or cause any advertisement to be placed in a publication, or singly or with others pay for any advertisement or circulate an advertisement by electronic or telephonic means, with knowledge or with reckless disregard that the letter, circular, bill, placard, poster, photograph, publication or advertisement contains a false statement of material fact that is intended to mislead electors regarding:
(a) The date of the election;
(b) The deadline for depositing a ballot in order for the ballot to be tallied;
(c) The voter registration deadline;
(d) The methods by which an elector may register to vote;
(e) The locations at which an elector may deposit a ballot in order for the ballot to be tallied;
(f) The qualifications an individual must meet to be eligible to vote in an election; or
(g) An elector’s voter registration status.
(2) As used in subsection (1) of this section, “cause” does not include the broadcast of an advertisement by a radio or television station or cable television company unless the advertisement is created by the owner, licensee or operator of the station or company.
(3) This section applies only to a letter, circular, bill, placard, poster, photograph, publication or advertisement that is written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, within:
(a) 30 calendar days before a primary election or special election; or
(b) 60 calendar days before a general election.
(4) The Secretary of State may institute proceedings to enjoin any violation of this section, except that in the case of a violation by the Secretary of State or a candidate for the office of the Secretary of State, the Attorney General may institute proceedings to enjoin any violation of this section. In any action brought under this section, the circuit court may at any time enter such injunctions, prohibitions or restraining orders, or take any other actions as the court may deem proper. A restraining order, prohibition or injunction may be issued under this section without proof of injury or damage to any person. The circuit court shall give priority to the hearing and determination under this section. The court shall award the prevailing party reasonable attorney fees at trial and on appeal.
(5) Upon proof of any violation of this section, the court shall impose a civil penalty of not more than $10,000. All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund.
(6) The remedy provided by this section is the exclusive remedy for a violation of this section. [2021 c.291 §2]
260.540 [1957 c.644 §10; 1971 c.749 §27; renumbered 260.325]
260.542 [Formerly 260.405; 1973 c.744 §37; 1979 c.190 §375; repealed by 1993 c.383 §1]
260.545 [1987 c.826 §2; repealed by 1993 c.383 §1]
260.550 Use of term “incumbent.” (1) No person shall describe a candidate as the incumbent in the office to which the candidate seeks nomination or election in any material, statement or publication supporting the election of the candidate, with knowledge or with reckless disregard that the description is a false statement of material fact.
(2) For purposes of this section, a candidate shall be considered an “incumbent” if the candidate:
(a) Was elected to the identical office in the most recent election to fill that office and is serving and has served continuously in that office from the beginning of the term to which the candidate was elected; or
(b) Was appointed to the identical office after the most recent election to fill that office and is serving and has served continuously in that office from the date of appointment.
(3) If district boundaries have changed since the previous election or the appointment, a candidate shall be considered an “incumbent” if the candidate:
(a) Was elected to an office of the same name as the office to which the candidate seeks nomination or election at the most recent election to fill that office and is serving and has served continuously in that office from the beginning of the term to which the candidate was elected; or
(b) Was appointed to an office of the same name as the office to which the candidate seeks nomination or election after the most recent election to fill that office and is serving and has served continuously in that office from the date of appointment.
(4) This section does not apply to any words or statements required by law to be included in any statement produced by a filing officer or listed on a ballot. [1993 c.383 §3]
260.552 [Formerly 260.500; 1973 c.744 §38; repealed by 1979 c.190 §431]
260.555 Prohibitions relating to petitions. (1) A person attempting to obtain signatures on, or causing to be circulated, a petition or prospective petition that is being circulated in accordance with the laws of this state may not knowingly make any false statement regarding the contents, meaning or effect of the petition or prospective petition to any person who signs it, attempts to sign it, is requested to sign it or requests information concerning it.
(2) If a person knows that a petition, or prospective petition, that is otherwise being circulated in accordance with the laws of this state contains a false signature, the person may not attempt to obtain signatures on, cause to be circulated, or file with a filing officer, the petition or prospective petition.
(3) If a person knows that another person is not qualified to sign a petition or prospective petition that is being circulated in accordance with the laws of this state, the person may not attempt to obtain the signature of the other person on the petition or prospective petition.
(4) A person may not knowingly sign more than once any petition or prospective petition that is being circulated in accordance with the laws of this state, knowingly sign such petition or prospective petition when not qualified to sign it, or sign such petition or prospective petition in any name other than the person’s own.
(5) A public official or employee may not knowingly make a false certification concerning a petition or prospective petition that is circulated in accordance with the laws of this state. [1979 c.190 §376; 2001 c.489 §1; 2023 c.600 §15]
260.556 Secretary of State prohibited from counting petition signatures obtained by certain persons. The Secretary of State may not include in a count under ORS 250.045 (3) or 250.105 or ORS chapter 249 for purposes of determining whether an initiative, referendum or recall petition or a prospective petition for a state measure to be initiated contains the required number of signatures of electors, any signatures obtained by a person who the secretary determines, during the five-year period prior to the date the signatures were obtained:
(1) Has been convicted for a criminal offense involving fraud, forgery or identification theft in any state;
(2) Has had a civil penalty imposed under ORS 260.995 for a violation of ORS 250.048 or 260.262; or
(3) Has had a civil or criminal penalty imposed for violation of a statute subject to a criminal penalty under ORS 260.993. [2009 c.533 §13]
260.558 Payment for signing or not signing initiative, referendum or recall petition; sale or purchase of signature sheets. (1) It is unlawful to offer, pay or provide money or other valuable consideration to another person to sign or refrain from signing an initiative, referendum or recall petition, and for the other person to accept or agree to accept money or other valuable consideration for signing or refraining to sign an initiative, referendum or recall petition.
(2) It is unlawful to sell, offer to sell, purchase or offer to purchase, for money or other valuable consideration, any signature sheet of an initiative, referendum or recall petition or any other portion of the petition used to gather signatures.
(3) This section applies only to signatures, signature sheets or other portions of an initiative, referendum or recall petition to be submitted to the filing officer for the purpose of verifying whether the petition contains the required number of signatures of electors. [1995 c.646 §2]
260.560 [1983 c.514 §16; 1985 c.808 §64; repealed by 1999 c.262 §1]
260.561 Liability of certain chief petitioners for violations committed by persons obtaining signatures on petition; exceptions. (1)(a) If a chief petitioner of a statewide initiative or referendum petition has knowledge of a violation of any provision of Oregon Revised Statutes, of any rule adopted by the Secretary of State under ORS chapters 246 to 260 related to the circulation of a statewide initiative or referendum petition or section 1b, Article IV of the Oregon Constitution, committed by a person obtaining signatures on the chief petitioner’s petition or prospective petition, the violation by the person obtaining signatures is conclusively considered a violation by the chief petitioner.
(b) If a chief petitioner of a statewide initiative or referendum petition has knowledge or should have had knowledge of a violation of ORS 250.048, 260.262, 260.555, 260.558, 260.567, 260.575, 260.665, 260.715 (1) or section 1b, Article IV of the Oregon Constitution, or any rule adopted by the Secretary of State related to section 1b, Article IV of the Oregon Constitution, petition sheets or circulator training, registration or certification, committed by a person obtaining signatures on the chief petitioner’s petition or prospective petition or a contractor or subcontractor, as defined in ORS 260.563, the violation by the person obtaining signatures or the contractor or subcontractor is conclusively considered a violation by the chief petitioner.
(2) A chief petitioner is not liable under subsection (1) of this section if the chief petitioner notifies the Secretary of State in writing not later than one business day after the chief petitioner obtains knowledge of a potential violation. The notice shall state:
(a) That a potential violation has occurred;
(b) The nature of the potential violation; and
(c) All specific information known to the chief petitioner regarding the potential violation.
(3) If a statewide initiative or referendum petition has more than one chief petitioner, each chief petitioner who has knowledge or should have had knowledge may be held liable under subsection (1) of this section.
(4)(a) Subsection (1)(a) of this section does not apply to a violation of law that is subject to criminal penalty.
(b) A chief petitioner may not be held criminally liable under subsection (1)(b) of this section solely based on a violation committed by a person obtaining signatures on the chief petitioner’s petition or prospective petition or by a contractor or subcontractor. [2001 c.489 §3; 2001 c.965 §63a; 2009 c.533 §5; 2009 c.720 §7]
260.563 Liability of contractor obtaining signatures on petition for violations committed by subcontractor; exceptions. (1) As used in this section:
(a) “Contractor” means a person who contracts on predetermined terms with a chief petitioner, or a person acting on behalf of a chief petitioner, of an initiative or referendum petition or a prospective petition for a state measure to be initiated for the purpose of obtaining signatures on the petition or prospective petition.
(b) “Subcontractor” means a person who contracts on predetermined terms with a contractor for the purpose of obtaining signatures on an initiative or referendum petition or a prospective petition for a state measure to be initiated and who has no direct contractual relationship with a chief petitioner or other person acting on behalf of a chief petitioner.
(2) If a contractor has knowledge or should have had knowledge of a violation of ORS 250.048, 260.555, 260.558, 260.567, 260.575, 260.665 or 260.715 (1) or section 1b, Article IV of the Oregon Constitution, or any rule adopted by the Secretary of State related to section 1b, Article IV of the Oregon Constitution, petition sheets or circulator training, registration or certification, by a subcontractor, the violation by the subcontractor is conclusively considered a violation by the contractor.
(3) A contractor is not liable under subsection (2) of this section if the contractor notifies the Secretary of State in writing not later than one business day after the contractor obtains knowledge of a potential violation. The notice shall state:
(a) That a potential violation has occurred;
(b) The nature of the potential violation; and
(c) All specific information known to the contractor regarding the potential violation.
(4) A contractor may not be held criminally liable under this section solely based on a violation committed by a subcontractor. [2007 c.848 §7; 2009 c.533 §6; 2009 c.720 §8]
260.565 [Formerly 254.590; 1981 c.234 §18; repealed by 1983 c.756 §13]
260.567 Alteration of information on petition signature sheet; exceptions. (1) Except as provided in subsection (2) of this section, a person other than the person who signed the signature sheet of an initiative, referendum, recall or candidate nominating petition, a prospective petition for a state measure to be initiated or a certificate of nomination may not write, alter, correct, clarify or obscure on the signature sheet any information about the person who signed the signature sheet.
(2) A person other than the person who signed the signature sheet may:
(a) Alter, correct, clarify or obscure on the signature sheet any information about the person who signed the signature sheet if the line on which the signature appears is subsequently initialed by the person who signed the signature sheet; or
(b) Write, alter, correct, clarify or obscure on the signature sheet any information about the person who signed the signature sheet if the person who signed the signature sheet is a person with a disability and requests assistance in writing, altering, correcting, clarifying or obscuring on the signature sheet any information about the person.
(3) As used in this section:
(a) “Information about the person who signed the signature sheet” means any information regarding the person who signed the signature sheet of an initiative, referendum, recall or candidate nominating petition, a prospective petition for a state measure to be initiated or a certificate of nomination, in addition to the signature of the person, that is required or requested to be supplied on a signature sheet of an initiative, referendum, recall or candidate nominating petition, a prospective petition or a certificate of nomination.
(b) “The person who signed the signature sheet” means the person whose signature will be submitted for verification under ORS chapter 249 or ORS 250.045 (3), 250.105, 250.215, 250.315 or 255.175 for the purpose of determining whether the petition, prospective petition or certificate contains the required number of signatures of electors. [2007 c.848 §7b; 2009 c.533 §7]
260.569 Prohibition on payment based on signatures obtained on nominating petition or voter registration card. A person may not pay or receive money or another thing of value based on the number of:
(1) Signatures a person obtains for purposes of nominating a candidate for elective public office; or
(2) Signed voter registration cards a person collects. [2007 c.314 §2]
260.575 Prohibition on use of threats and intimidation for purpose of extorting money. No person, for any consideration, shall:
(1) Offer, propose, threaten or attempt to sell, hinder or delay any part of an initiative, referendum or recall petition.
(2) Offer, propose or threaten to desist from beginning, promoting, circulating, or soliciting signatures to, any initiative, referendum or recall petition.
(3) Offer, propose, attempt or threaten in any manner to use an initiative, referendum or recall petition or any power of promotion or opposition concerning such petition for extortion, blackmail or private intimidation of any person. [Formerly 254.580]
260.585 [Formerly 254.600; repealed by 1985 c.732 §7 and 1985 c.808 §82]
260.605 [Formerly 260.512; repealed by 2005 c.797 §73]
260.610 [Amended by 1957 c.644 §16; 1971 c.749 §57; 1973 c.744 §39; repealed by 1979 c.190 §431]
260.615 [1979 c.190 §381; 1987 c.447 §106; repealed by 2005 c.797 §73]
260.620 [Repealed by 1957 c.644 §28]
260.625 [Formerly 260.442; repealed by 2005 c.797 §73]
260.630 [Amended by 1957 c.644 §17; 1971 c.749 §58; 1973 c.744 §40; repealed by 1979 c.190 §431]
260.635 Prohibition on bets and wagers on election results. (1) No candidate shall make or become party to a bet of anything of pecuniary value on any event or contingency relating to a pending election. No candidate shall provide money or other thing of value to be used by any person in betting upon the results of a pending election.
(2) No person, to influence the result of any election, shall make a bet of anything of pecuniary value on the result of a pending election, or on any event relating to it. [Formerly 260.482]
260.640 [Amended by 1957 c.644 §18; 1959 c.358 §1; 1971 c.749 §59; 1973 c.744 §41; repealed by 1979 c.190 §431]
260.645 Illegal acts relating to voting machines or vote tally systems. (1) No person shall:
(a) Tamper with or injure or attempt to injure any voting machine or vote tally system to be used or being used in an election.
(b) Tamper with any voting machine or vote tally system that has been used in an election except in performance of election duties.
(c) Prevent or attempt to prevent the correct operation of any voting machine or vote tally system.
(2) An unauthorized person shall not make or possess a key to a voting machine or vote tally system to be used or being used in an election.
(3) Neither the Secretary of State nor any officer or employee of any county, city or district using a voting machine or vote tally system, shall solicit or accept any compensation, other than amounts paid by the governmental unit, in connection with the sale, lease or use of the voting machine or vote tally system.
(4) As used in this section, “voting machine” and “vote tally system” have the meaning given those terms in ORS 246.012. [1979 c.190 §385; 1981 c.909 §9]
260.650 [Amended by 1957 c.644 §19; 1971 c.749 §60; 1973 c.744 §42; repealed by 1979 c.190 §431]
260.655 [Formerly 260.462; repealed by 2005 c.797 §73]
260.660 [Amended by 1957 c.644 §20; 1971 c.749 §61; 1973 c.744 §43; repealed by 1979 c.190 §431]
260.665 Undue influence to affect registration, voting, candidacy, signing petitions; solicitation of money or other benefits. (1) As used in this section, “undue influence” means force, violence, restraint or the threat of it, inflicting injury, damage, harm, loss of employment or other loss or the threat of it, or giving or promising to give money, employment or other thing of value.
(2) A person, acting either alone or with or through any other person, may not directly or indirectly subject any person to undue influence with the intent to induce any person to:
(a) Register or vote;
(b) Refrain from registering or voting;
(c) Register or vote in any particular manner;
(d) Be or refrain from or cease being a candidate;
(e) Contribute or refrain from contributing to any candidate, political party or political committee;
(f) Render or refrain from rendering services to any candidate, political party or political committee;
(g) Challenge or refrain from challenging a person offering to vote;
(h) Apply or refrain from applying for a ballot as an absent elector; or
(i) Sign or refrain from signing a prospective petition or an initiative, referendum, recall or candidate nominating petition.
(3) A person may not solicit or accept money or other thing of value as an inducement to act as prohibited by subsection (2) of this section.
(4) This section does not prohibit:
(a) The employment of persons to render services to candidates, political parties or political committees;
(b) The public distribution by candidates, political parties or political committees of sample ballots or other items readily available to the public without charge, even though the distributor incurs costs in the distribution;
(c) Public or nonpromissory statements by or on behalf of a candidate of the candidate’s intentions or purposes if elected;
(d) A promise by a candidate to employ any person as administrative assistant, secretary or other direct personal aide;
(e) Free custody and care of minor children of persons during the time those persons are absent from those children for voting purposes;
(f) For persons voting, free transportation to and from places designated for the deposit of ballots under ORS 254.470 or to and from locations described in ORS 254.472 or 254.474; but no means of advertising, solicitation or inducement to influence the vote of persons transported may be used with that transportation;
(g) Individuals or political committees from providing refreshments incidental to a gathering in support of or in opposition to a candidate, political committee or measure;
(h) The public distribution of registration cards by a person approved by the Secretary of State under ORS 247.171 to print, copy or otherwise prepare and distribute registration cards, even though the distributor incurs costs in the distribution; or
(i) An elections official from providing return identification envelopes for ballots that may be returned by mail at no cost to the elector under ORS 254.473. [Formerly 260.412; 1983 c.83 §31; 1987 c.464 §1; 1987 c.727 §10; 1989 c.173 §2; 2001 c.960 §1; 2007 c.154 §53; 2009 c.533 §10; 2013 c.520 §20; 2019 c.638 §4]
260.670 [Amended by 1957 c.644 §21; 1971 c.749 §62; 1973 c.744 §44; repealed by 1979 c.190 §431]
260.675 Prohibition on distribution of ballots by certain persons. (1) A person employed or authorized to print official ballots may not give, deliver or knowingly permit any of the ballots to be taken by any person other than the official under whose direction the ballots are printed.
(2) A person may not knowingly print, cause or permit to be printed any ballot in any other form, with any other names, with names spelled or names of the candidates arranged in any other way than that directed by the official under whose direction the ballots are printed.
(3) An official having the duty of distributing ballots, and any persons acting for that official, may not knowingly distribute or cause to be distributed any ballots in any other manner than as provided under the election laws. [Formerly 249.364; 2007 c.154 §54]
260.680 [Repealed by 1971 c.749 §82]
260.685 Elections official compliance with directives of Secretary of State. An elections official shall not knowingly fail to comply with an interpretation made by the Secretary of State of any election law or a directive, an instruction or a rule made by the Secretary of State under ORS 246.110, 246.120, 246.140 or 246.150. [1979 c.190 §389; 1995 c.607 §58]
260.690 [Repealed by 1971 c.749 §82]
260.695 Prohibitions relating to voting. (1)(a) If a person prints or circulates an imitation of the ballot or sample ballot:
(A) The imitation ballot or sample ballot and the back of any return envelope enclosed with the ballot or sample ballot shall state the following: “THIS IS NOT A REAL BALLOT. DO NOT USE TO VOTE.” The statement on the imitation ballot or sample ballot shall be in bold print that is at least two times as large as the majority of the text on the ballot or sample ballot or 20-point type, whichever is larger. The statement on the back of a return envelope shall be in bold print that is at least 36-point type.
(B) The word “UNOFFICIAL” must be superimposed on the imitation ballot or sample ballot so that the word extends diagonally across the ballot from one margin of the text to the other. The superimposed word may be printed in lighter ink than other text on the ballot or sample ballot.
(b) For purposes of this subsection, an imitation of the ballot or sample ballot includes an imitation of a portion of the ballot or sample ballot.
(2)(a) As used in this subsection, “imitation voters’ pamphlet” means a document that imitates the physical characteristics or appearance of a voters’ pamphlet or a portion of a voters’ pamphlet published by the Secretary of State or county clerk, as defined in ORS 251.005, under ORS chapter 251 and likely misleads or confuses a reasonable person as to whether the document is an official voters’ pamphlet or a portion of an official voters’ pamphlet in the absence of the required statement.
(b) If a person prints or circulates an imitation voters’ pamphlet, including by electronic means:
(A)(i) The imitation voters’ pamphlet shall state the following: “THIS IS NOT THE OFFICIAL VOTERS’ PAMPHLET.” Except as provided in sub-subparagraph (ii) of this subparagraph, the statement on the imitation voters’ pamphlet shall be in bold print that is at least 36-point type.
(ii) For an imitation voters’ pamphlet that is circulated electronically, the statement described in sub-subparagraph (i) of this subparagraph shall be in bold print in a typeface of contrasting color and in a font size that is at least three times as large as the font size used for the majority of the text in the imitation voters’ pamphlet.
(B) The word “UNOFFICIAL” must be superimposed on each page of the imitation voters’ pamphlet so that the word extends diagonally across the imitation voters’ pamphlet from one margin of text to the other. The superimposed word may be printed or displayed in lighter ink than other text on the imitation voters’ pamphlet.
(3) A person may not do any electioneering, including circulating any cards or handbills, or soliciting of signatures to any petition, within any building in which any state or local government elections office designated for the deposit of ballots under ORS 254.470 is located, or within 100 feet measured radially from any entrance to the building. A person may not do any electioneering by public address system located more than 100 feet from an entrance to the building if the person is capable of being understood within 100 feet of the building. The electioneering need not relate to the election being conducted. This subsection applies during the business hours of the building or, if the building is a county elections office, during the hours the office is open to the public, during the period beginning on the date that ballots are mailed to electors as provided in ORS 254.470 and ending on election day at 8 p.m. or when all persons waiting in line at the building who began the act of voting as described in ORS 254.470 (12) by 8 p.m. have finished voting.
(4) A person may not obstruct an entrance of a building in which ballots are issued or a place designated for the deposit of ballots under ORS 254.470 or any voting booth maintained under ORS 254.474 is located. This subsection applies during the period beginning on the date that ballots are mailed to electors as provided in ORS 254.470 and ending on election day at 8 p.m. or when all persons waiting in line at the building or location who began the act of voting as described in ORS 254.470 (12) by 8 p.m. have finished voting.
(5) A person may not vote or offer to vote in any election knowing the person is not entitled to vote.
(6) A person may not make a false statement about the person’s inability to mark a ballot.
(7) A person, except an elections official in performance of duties or another person providing assistance to an elector as described in ORS 254.445, may not ask a person at any place designated for the deposit of ballots under ORS 254.470 or at any location described in ORS 254.472 or 254.474 for whom that person intends to vote, or examine or attempt to examine the person’s ballot.
(8) An elections official, other than in the performance of duties, may not disclose to any person any information by which it can be ascertained for whom any elector has voted.
(9) A person, except an elections official in performance of duties, may not do anything to a ballot to permit identification of the person who voted.
(10) An elector may not willfully leave at any place designated for the deposit of ballots under ORS 254.470 or at any location described in ORS 254.472 or 254.474 anything that will show how the elector’s ballot was marked.
(11) A person, except an elections official in performance of duties, may not remove a ballot from any place designated for the deposit of ballots under ORS 254.470 or any location described in ORS 254.472 or 254.474.
(12) A person, except an elections official in performance of duties or a person authorized by that official, may not willfully deface, remove, alter or destroy a posted election notice.
(13) A person, except an elections official in performance of duties, may not willfully remove, alter or destroy election equipment or supplies, or break the seal or open any sealed package containing election supplies.
(14) A person, except an elections official in performance of duties, may not provide elections advice or attempt to collect voted ballots within any building in which any state or local government elections office designated for the deposit of ballots under ORS 254.470 is located, or within 100 feet measured radially from any entrance to the building.
(15) A person, except an elections official in performance of duties, may not establish a location to collect ballots voted by electors unless:
(a) The person prominently displays at the location a sign stating: “NOT AN OFFICIAL BALLOT DROP SITE”; and
(b) The sign is printed in all capital letters in bold 50-point type. [1979 c.190 §390; 1993 c.713 §37; 1999 c.318 §44; 2001 c.805 §5; 2001 c.965 §16; 2007 c.154 §55; 2007 c.881 §10; 2010 c.35 §1; 2014 c.67 §6; 2014 c.112 §6; 2021 c.291 §5; 2021 c.551 §12]
260.700 [Amended by 1957 c.644 §22; repealed by 1971 c.749 §82]
260.705 Prohibition on premature release of vote tally. A person may not make public the results of the tally of votes from any precinct until after 8 p.m. on the date of the election. [Formerly 246.045; 2007 c.154 §56]
260.710 [Amended by 1971 c.749 §66; 1973 c.744 §45; repealed by 1979 c.190 §431]
260.715 Prohibited conduct. (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) A person may not:
(A) Manufacture or knowingly use a fraudulent ballot return identification envelope or secrecy envelope; or
(B) Sell, make an offer with the actual intent to sell, purchase or make an offer with the actual intent to purchase, for money or other valuable consideration, any official ballot, replacement ballot, ballot return identification envelope or secrecy envelope.
(b) As used in this subsection, “ballot return identification envelope” and “secrecy envelope” mean those envelopes used to return ballots to the county clerk. [1979 c.190 §392; 1999 c.318 §45; 2005 c.797 §58; 2007 c.154 §57; 2007 c.155 §10; 2017 c.749 §41]
Note: The amendments to 260.715 by section 19a, chapter 9, Oregon Laws 2024, become operative January 1, 2027. See section 23, chapter 9, Oregon Laws 2024. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience.
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) A person may not:
(A) Manufacture or knowingly use a fraudulent ballot return identification envelope or secrecy envelope; or
(B) Sell, make an offer with the actual intent to sell, purchase or make an offer with the actual intent to purchase, for money or other valuable consideration, any official ballot, replacement ballot, ballot return identification envelope or secrecy envelope.
(b) 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 establish an entity for the purpose of evading contribution limits or disclosure requirements.
260.718 [1999 c.1002 §6; repealed by 2005 c.797 §73]
260.720 [Repealed by 1971 c.749 §82]
260.725 [1993 c.743 §22; 1995 c.79 §90; renumbered 260.174 in 1995]
260.730 [Amended by 1957 c.644 §23; repealed by 1971 c.749 §82]
260.735 [1993 c.710 §3; 2005 c.797 §20; repealed by 2011 c.652 §11]
260.737 [1993 c.710 §§4,5; 1995 c.607 §56a; 1999 c.999 §21; 2001 c.965 §17; 2005 c.809 §§47,48; 2009 c.818 §18; repealed by 2011 c.652 §11]
260.740 [Repealed by 1957 c.644 §28]
260.750 [Amended by 1957 c.644 §24; repealed by 1971 c.749 §82]
260.760 [Amended by 1957 c.644 §25; repealed by 1971 c.749 §82]
260.770 [Repealed by 1971 c.749 §82]
260.780 [Amended by 1957 c.644 §26; repealed by 1971 c.743 §432 and by 1971 c.749 §83]
260.790 [Repealed by 1971 c.743 §432 and by 1971 c.749 §83]
260.800 [Repealed by 1957 c.644 §28]
260.810 [Repealed by 1957 c.644 §28]
260.820 [Repealed by 1971 c.749 §82]
260.990 [1971 c.749 §§24,74; repealed by 1973 c.744 §46 (260.991 enacted in lieu of 260.990)]
260.991 [1973 c.744 §47 (enacted in lieu of 260.990); repealed by 1979 c.190 §431]
260.992 [1973 c.623 §6; repealed by 1977 c.678 §4]
PENALTIES
260.993 Criminal penalties. (1) The penalty for violation of ORS 260.532 is limited to that provided in ORS 260.532 (6) and (8).
(2) Violation of ORS 247.125 (1), 247.171 (5), 247.420 (2), 253.710, 260.402, 260.555, 260.558, 260.575, 260.645 or 260.665 (2) or (3) involving any action described in ORS 260.665 (2)(d) to (f) or 260.715 is a Class C felony.
(3) Violation of ORS 260.695 (5) is a Class A misdemeanor.
(4) Violation of ORS 247.171 (6) is a Class C misdemeanor. [1979 c.190 §393; 1983 c.514 §17; 1983 c.756 §2; 1985 c.808 §65; 1987 c.718 §4; 1999 c.318 §46; 1999 c.941 §2; 1999 c.1002 §9; 2001 c.489 §4; 2001 c.805 §6; 2001 c.965 §19; 2005 c.797 §51; 2009 c.511 §20; 2021 c.291 §7]
260.995 Civil penalties; procedure and notice requirements; hearing; payment of penalty. (1) Except as provided in subsection (2) 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 $1,000 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)(A) Except as provided in subparagraph (B) of this paragraph, $1,000 plus the amount converted to personal use for each violation of ORS 260.407;
(B) Two times the amount of the penalty provision for violating a nondisclosure agreement that is contained within each nondisclosure agreement entered into in violation of ORS 260.407 or 260.413;
(b) 150 percent of the total cost of printing, transmitting or distributing a communication in support of or in opposition to a clearly identified candidate if the disclosure requirements set forth in ORS 260.266 are not met; or
(c) $10,000 for each violation of ORS 260.555, 260.558, 260.575, 260.695 (1) or (2) or 260.715 (1) or Article IV, section 1b, of the Oregon Constitution.
(3) 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) 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 service date on the notice sent under subsection (3) of this section; or
(b) Upon the secretary’s or Attorney General’s own motion.
(5) 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 and may be submitted electronically.
(6) 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) 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) 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) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund.
(9) 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. [1987 c.718 §1; 1991 c.319 §2; 1991 c.734 §119; 1993 c.493 §83; 2005 c.797 §52; 2005 c.809 §1; 2009 c.533 §11; 2009 c.818 §19; 2010 c.9 §10; 2010 c.35 §2; 2013 c.617 §2; 2019 c.462 §6; 2019 c.636 §3; 2021 c.291 §8; 2021 c.473 §11]
Note: The amendments to 260.995 by section 20, chapter 9, Oregon Laws 2024, become operative January 1, 2027. See section 23, chapter 9, Oregon Laws 2024. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience.
260.995. (1) Except as provided in subsections (2) to (4) 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 $1,000 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)(A) Except as provided in subparagraph (B) of this paragraph, $1,000 plus the amount converted to personal use for each violation of ORS 260.407; or
(B) Two times the amount of the penalty provision for violating a nondisclosure agreement that is contained within each nondisclosure agreement entered into in violation of ORS 260.407 or 260.413;
(b) 150 percent of the total cost of printing, transmitting or distributing a communication in support of or in opposition to a clearly identified candidate if the disclosure requirements set forth in ORS 260.266 are not met; or
(c) $10,000 for each violation of ORS 260.555, 260.558, 260.575, 260.695 (1) or (2) or 260.715 (1) or Article IV, section 1b, of the Oregon Constitution.
(3)(a) Except as provided in paragraphs (b) and (c) of this subsection, the Secretary of State or the Attorney General may impose a civil penalty on the recipient of a contribution that exceeds the limits of ORS 260.014 or 260.016. The amount of the civil penalty to be imposed shall be at least equal to the amount of the unlawful contribution.
(b) The recipient of a contribution that violates the contribution limits of ORS 260.014 or 260.016 may remedy the violation by refunding to the contributor an amount that renders the contribution in compliance with applicable contribution limits under ORS 260.014 or 260.016. For this paragraph to apply, the refund must be made to the contributor within 14 days of receipt of the unlawful contribution.
(c) If paragraph (b) of this subsection does not apply, the recipient of a contribution that violates the contribution limits of ORS 260.014 or 260.016 may reduce the penalty otherwise applicable under this subsection by 50 percent, if the recipient refunds to the contributor an amount that renders the contribution in compliance with ORS 260.014 or 260.016 within 14 days of the date the recipient reasonably should have known that the violation occurred.
(d) The Secretary of State shall adopt rules under this subsection establishing enhanced penalties for successive knowing and willful violations of the contribution limit provisions of ORS 260.014 or 260.016.
(4)(a) The Secretary of State or the Attorney General may impose a civil penalty on a person subject to the reporting requirements of ORS 260.059 and that is violating those requirements. The penalty to be imposed shall be not less than one-tenth of, nor more than four times, the total amount of contribution or expenditure that was not properly disclosed or disclaimed.
(b) The Secretary of State shall adopt rules under this subsection establishing enhanced penalties for successive knowing and willful violations of the disclosure provisions of ORS 260.059.
(5) 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.
(6) 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 service date on the notice sent under subsection (5) of this section; or
(b) Upon the secretary’s or Attorney General’s own motion.
(7) 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 and may be submitted electronically.
(8) 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 (6) 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.
(9) 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.
(10) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund.
(11) 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.
260.997 [1995 c.1 §10; repealed by 1999 c.999 §59]
260.999 [1995 c.1 §11; repealed by 1999 c.999 §59]
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