Oregon Revised Statutes
Chapter 260 — Campaign Finance Regulation; Election Offenses
243 sections
As used in this chapter:
“Candidate” means:
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;
An individual w…
As used in ORS 260.006 to 260.021, 260.059, 260.061, 260.266 and 260.416:
“Election” means an election at which one or more candidates compete to be elected to a public office.
“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-numbere…
As used in this chapter, “contribute,” “contribution,” “expend” or “expenditure” does not include:
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.
An individual’s use of the individual…
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 sam…
A person may not make a contribution to a political candidate, a political committee or a petition committee using cryptocurrency.
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.
Note: 260.011 was added to and made a part of ORS c…
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.
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 the…
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.
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 p…
A person may not control more than one of each of the following types of committees at one time:
Principal campaign committee.
Multicandidate political committee.
Political party multicandidate committee.
Small donor political committee.
Membership organization political committee.
A person who controls both a small donor political committee and anothe…
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:
To refund contributions to contributors in amounts not exceeding the aggregate contribution received from each contributor during the election cycle;
To make a contribution to another political committee as autho…
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.
Moneys in the fund shall consist of:
Moneys appropriated or transferred to the fund by the Legislative Assembly;
M…
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.
(Treasurers, State…
Not later than the third business day after a political committee first receives a contribution or makes an expenditure, the political committee shall:
Appoint a treasurer who shall be an elector of this state;
Certify the name and address of the treasurer to the filing officer; and
File a statement of organization under ORS 260.039 or 260.042.
A candida…
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 considere…
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.
A candidate, political committee or petition committee may remove a treasurer.
In event of the death, resignation or removal of a treasurer before compliance with all ob…
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:
The name, address, occupation, office sought and party affiliation of the candidate. The address shall be the address of…
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.
A political committee may not be designated as the principal campaign committee of m…
The treasurer of a political committee shall file a statement of organization with the filing officer. The statement must include:
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 con…
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:
File a statement of organization under ORS 260.039;
Establish a single exclusive cam…
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 calen…
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.
The Secretary of State s…
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 shar…
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.
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 …
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 m…
A loan made by or to a candidate, political committee or petition committee must be by written agreement.
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.
Notwithstanding ORS 260.055, a candidate, political committee or…
The Secretary of State by rule shall adopt an electronic filing system to be used by:
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.
Treasurers of petition committees organized under ORS 260.118 to file wit…
The Secretary of State by rule shall adopt an addition to the electronic filing system described in ORS 260.057 to be used by:
Membership organizations;
Persons; and
Any combination of organizations or persons that has a collective capacity and that is legally separate from other persons and that makes independent expenditures.
The electronic filing syst…
For elections occurring after January 1, 2028, the Secretary of State shall:
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.
Annually release a visual representation of contributions by industry aggregated across all cand…
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 tha…
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 d…
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 …
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:
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 cand…
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 fi…
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 petiti…
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 tre…
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.
The treasurer shall file a statement of organization of a petition committee with the appropriate filing officer. The treasurer sha…
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 …
A county or city may adopt charter provisions or ordinances that:
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 opposi…
(Administration and Enforcement)
The Secretary of State by rule shall:
Prescribe a uniform system for accounts required by ORS 260.055.
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.
Prescribe materials, including financial instit…
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.
A filing officer immediately shall notify a person required to file a statement with the filing officer under ORS 260.057,…
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 quarte…
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.
If a person fails to comply with any subpoena issued under subsection (1) of this section, a judge o…
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 OR…
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:
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.
Failure to include in a statement filed under ORS 260.044, 260.057, 260.076, 260.…
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:
Determine whet…
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 certi…
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.
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.
The Secretary of State shall maintain all data filed electronically under ORS 260.057 on the Internet for at least six…
As used in this section, “accounts” means:
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;
Any employment manual or training materi…
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.
The Secretary of State shall provide technical assistance to candidates, campaigns and the public to ensure a s…
(Disclosure of Source of Communication or Donation)
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.
For the purpose of complying with subsection (1) of this section:
Except as provided in paragraph (b) of this subsection, a communication in support of or in …
As used in this section:
“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).
Notwithstanding ORS 260.005 (10)(c)(B)(i), a campaign communication may involve aggregate expenditures of any amount.
“Synthetic media” means an image, audio recording or vi…
The Secretary of State may adopt rules necessary to implement ORS 260.268.
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.
ELECTION OFFENSES
(Administration and Enforcement)
The Secretary of State, at the expense of the state, shall make available to the other filing officers copies of this chapter.
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…
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 electronic…
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…
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…
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.
An appointment or election to an office or position …
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.
(Particular Offenses)
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:
Any other person, relating to a nomination or election of any candidate or the support of or opposition to any measure;
Any po…
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:
Used to defray any expenses incurred in connection with the recipient’s duties as a holder of public office;
Transferred to any nat…
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.
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.
As used in this section:
“Consideration in connection with a nondisclosure agreement” includes any form of consideration provided in ex…
A person may not, directly or indirectly:
Require an employee or contractor to make a contribution or independent expenditure to support or oppose any candidate; or
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 oppo…
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.
A person may not attempt to, or actually, coerce, command or require a public employee to:
Influence or give money, service or other thing of value to promote or oppose any political committee;
Promote or oppose the appointment, nomination or election of a person to a public office;
Promote or oppose the filing of an initiative, referendum or recall petit…
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 el…
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 e…
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.
For purposes of this section, a candidate shall be co…
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 request…
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 deter…
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.
It is unlawfu…
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…
As used in this section:
“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.
“Subcont…
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 inform…
A person may not pay or receive money or another thing of value based on the number of:
Signatures a person obtains for purposes of nominating a candidate for elective public office; or
Signed voter registration cards a person collects.
No person, for any consideration, shall:
Offer, propose, threaten or attempt to sell, hinder or delay any part of an initiative, referendum or recall petition.
Offer, propose or threaten to desist from beginning, promoting, circulating, or soliciting signatures to, any initiative, referendum or recall petition.
Offer, propose, attempt or threaten in any m…
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.
No person, to influence the result of any election, shall make a bet of anything of pe…
No person shall:
Tamper with or injure or attempt to injure any voting machine or vote tally system to be used or being used in an election.
Tamper with any voting machine or vote tally system that has been used in an election except in performance of election duties.
Prevent or attempt to prevent the correct operation of any voting machine or vote tally …
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.
A person, acting either alone or with or through any other person, may not directly or indirectly sub…
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.
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…
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.
If a person prints or circulates an imitation of the ballot or sample ballot:
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 …
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.
A person may not knowingly make a false statement, oath or affidavit when a statement, oath or affidavit is required under the election laws.
A person may not request a ballot in a name other than the person’s own name.
A person may not vote or attempt to vote more than once at any election held on the same date.
A person may not vote or attempt to vote b…
PENALTIES
The penalty for violation of ORS 260.532 is limited to that provided in ORS 260.532 (6) and (8).
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.
Violation of ORS 260.695 (5) is a Clas…
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 o…
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