Chapter 260 — CampaignFinance Regulation; Election Offenses

 

2009 EDITION

 

CAMPAIGNFINANCE REGULATION; OFFENSES

 

ELECTIONS

 

ELECTIONCAMPAIGN FINANCE REGULATION

 

(Generally)

 

260.005 Definitions

 

260.007 Exclusionsfrom definitions of “contribution” and “expenditure”

 

(Treasurers,Statements of Organization and Accounts)

 

260.035 Treasurerand statement of organization for political committees; change in information

 

260.037 Treasurersfor candidates; appointment; liability of candidate for default or violation

 

260.038 Treasurerof more than one candidate or committee; replacement of treasurer

 

260.039 Statementof organization of candidate or principal campaign committee

 

260.041 Principalcampaign committee

 

260.042 Statementof organization of political committee

 

260.043 Exemptionsfor candidate who expects neither contributions nor expenditures to exceed $350

 

260.044 Statementof independent expenditures; when person considered political committee orprincipal campaign committee

 

260.045 Contributionsreceived from out-of-state political committees; request for statement oraffidavit

 

260.046 Discontinuanceof statement of organization; rules

 

260.049 Reportsto be filed by certain corporations; rules

 

260.052 Politicalcommittee identification number

 

260.054 Politicalcommittee campaign account; petition committee petition account

 

260.055 Accountsof contributions and expenditures; inspection; preservation; notice of intentto discontinue statement of organization and close accounts

 

260.056 Writtenloan agreements

 

(Statementsof Contributions and Expenditures)

 

260.057 Electroniccampaign finance filing system; schedule for filing; Internet availability;exclusions; rules

 

260.064 In-kindcontribution from candidate, political committee or petition committee;insufficient filing; updated information

 

260.076 Statementsof contributions received during session of Legislative Assembly

 

260.078 Reportingcontributions and expenditures not previously reported

 

260.083 Contentsof statements

 

260.085 Listingof occupation of contributor; procedure when occupation is unknown

 

260.102 Statementsof persons reducing expenditure deficit

 

260.112 Filingof certificate by candidate or treasurer of political committee or petitioncommittee who expects neither contributions nor expenditures to exceed $2,000;schedule

 

260.118 Treasurerand statement of organization of petition committee; filing electronicstatements of contributions and expenditures; schedule; rules

 

260.156 Rulesfor reporting expenditures and contributions

 

260.163 Countyor city campaign finance provisions

 

(Administrationand Enforcement)

 

260.200 Secretaryof State rules for accounts, forms, material to be retained and material notsubject to disclosure

 

260.205 Inspectionof statements; notice of failure to file correct statements; complaints;sufficiency of response

 

260.215 Biannualexamination and investigation of statements; random selection; documentation oftransactions; rules

 

260.218 Subpoenaauthority

 

260.225 Courtproceedings to compel filing of correct statements; attorney fees

 

260.232 Civilpenalty for failure to file statement or to include required information

 

260.234 Noticeof civil penalty; sufficiency of response; timeline for action by filingofficer

 

260.241 Removalfrom general election ballot for failure to file statement; notice to candidate

 

260.245 Withholdingcertificate of election or certificate of nomination for failure to filestatement

 

260.255 Preservationof filed statements by filing officers; maintenance of data filedelectronically; State Archivist rules

 

260.262 Accountsof chief petitioners; review and inspection; retention; disclosure as publicrecord; rules

 

ELECTIONOFFENSES

 

(Administrationand Enforcement)

 

260.315 Distributionof copies of law

 

260.345 Complaintsor other information regarding violations; action by Secretary of State andAttorney General

 

260.351 Courtproceedings for election law violations, generally

 

260.355 Deprivationof nomination or office for deliberate and material election violation

 

260.365 Electionor appointment after deprivation of nomination or office for violation

 

260.368 Investigationsof violations of prohibition on payment based on number of signatures obtainedon petition

 

(ParticularOffenses)

 

260.402 Contributionsin false name

 

260.407 Useof contributed amounts for certain purposes

 

260.409 Expendituresfor professional services rendered by candidate

 

260.422 Acceptanceof employment where compensation to be contributed

 

260.432 Solicitationof public employees; activities of public employees during working hours

 

260.532 Falsepublication relating to candidate or measure; civil action; damages; otherremedies; limitation on action

 

260.550 Useof term “incumbent”

 

260.555 Prohibitionsrelating to circulation, filing or certification of initiative, referendum orrecall petition

 

260.556 Secretaryof State prohibited from counting petition signatures obtained by certainpersons

 

260.558 Paymentfor signing or not signing initiative, referendum or recall petition; sale orpurchase of signature sheets

 

260.561 Liabilityof certain chief petitioners for violations committed by persons obtainingsignatures on petition; exceptions

 

260.563 Liabilityof contractor obtaining signatures on petition for violations committed bysubcontractor; exceptions

 

260.567 Alterationof information on petition signature sheet; exceptions

 

260.569 Paymentbased on signatures obtained on nominating petition or voter registration card

 

260.575 Useof threats and intimidation for purpose of extorting money

 

260.635 Betsand wagers on election results

 

260.645 Illegalacts relating to voting machines or vote tally systems

 

260.665 Undueinfluence to affect registration, voting, candidacy, signing petitions;solicitation of money or other benefits

 

260.675 Prohibiteddistribution of ballots

 

260.685 Electionsofficial compliance with directives of Secretary of State

 

260.695 Prohibitionsrelating to voting

 

260.705 Prematurerelease of vote tally

 

260.715 Prohibitedconduct

 

SLATEMAILER ORGANIZATIONS

 

260.735 Statementof organization

 

260.737 Disclosuresrequired on slate mailer; definitions

 

PENALTIES

 

260.993 Criminalpenalties

 

260.995 Civilpenalties

 

ELECTIONCAMPAIGN FINANCE REGULATION

 

(Generally)

 

260.005Definitions.As used in this chapter:

(1)(a)“Candidate” means:

(A)An individual whose name is printed on a ballot, for whom a declaration ofcandidacy, nominating petition or certificate of nomination to public officehas been filed or whose name is expected to be or has been presented, with theindividual’s consent, for nomination or election to public office;

(B)An individual who has solicited or received and accepted a contribution, madean expenditure, or given consent to an individual, organization, politicalparty or political committee to solicit or receive and accept a contribution ormake an expenditure on the individual’s behalf to secure nomination or electionto any public office at any time, whether or not the office for which theindividual will seek nomination or election is known when the solicitation ismade, the contribution is received and retained or the expenditure is made, andwhether 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 andfiled.

(b)For purposes of this section and ORS 260.035 to 260.156, “candidate” does notinclude a candidate for the office of precinct committeeperson.

(2)“Committee director” means any person who directly and substantiallyparticipates in decision-making on behalf of a political committee concerningthe solicitation or expenditure of funds and the support of or opposition tocandidates or measures. The officers of a political party shall be consideredthe directors of any political party committee of that party, unless otherwiseprovided 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 withoutequivalent compensation or consideration, of money, services other thanpersonal 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 ona measure, or of reducing the debt of a candidate for nomination or election topublic office or the debt of a political committee; or

(B)To or on behalf of a candidate, political committee or measure;

(b)Any unfulfilled pledge, subscription, agreement or promise, whether or notlegally enforceable, to make a contribution; and

(c)The excess value of a contribution made for compensation or consideration ofless than equivalent value.

(4)“Controlled committee” means a political committee that, in connection with themaking 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 immediatefamily or any other political committee that the candidate controls has asignificant influence on the actions or decisions of the political committee;or

(b)The candidate’s principal campaign committee and the political committee bothhave the candidate or a member of the candidate’s immediate family as atreasurer or director.

(6)“County clerk” means the county clerk or the county official in charge ofelections.

(7)“Elector” means an individua