ORS 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 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 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), 260.112 (Filing of certificate by candidate or treasurer of political committee or petition committee who expects neither contributions nor expenditures to exceed $3,500) or 260.118 (Treasurer and statement of organization of petition committee).

(b)

Failure to include in a statement filed under ORS 260.044 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 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), 260.112 (Filing of certificate by candidate or treasurer of political committee or petition committee who expects neither contributions nor expenditures to exceed $3,500) or 260.118 (Treasurer and statement of organization of petition committee) the information required under ORS 260.044 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 260.076 (Statements of contributions received during session of Legislative Assembly), 260.083 (Contents of statements) or 260.118 (Treasurer and statement of organization of petition committee).

(2)

Intentionally left blank —Ed.

(a)

If a person required to file has not filed a statement or certificate complying with applicable provisions of ORS 260.044 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 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), 260.112 (Filing of certificate by candidate or treasurer of political committee or petition committee who expects neither contributions nor expenditures to exceed $3,500) or 260.118 (Treasurer and statement of organization of petition committee) within the time specified in ORS 260.044 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 260.076 (Statements of contributions received during session of Legislative Assembly), 260.078 (Reporting contributions and expenditures not previously reported) or 260.118 (Treasurer and statement of organization of petition committee), the Secretary of State by first class mail or electronically shall notify the person or elector designated under ORS 260.042 (Content of statement of organization of political committee) or 260.118 (Treasurer and statement of organization of petition committee) 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 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 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), 260.112 (Filing of certificate by candidate or treasurer of political committee or petition committee who expects neither contributions nor expenditures to exceed $3,500) or 260.118 (Treasurer and statement of organization of petition committee), 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 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 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), 260.112 (Filing of certificate by candidate or treasurer of political committee or petition committee who expects neither contributions nor expenditures to exceed $3,500) or 260.118 (Treasurer and statement of organization of petition committee) the information required under ORS 260.044 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 260.076 (Statements of contributions received during session of Legislative Assembly), 260.083 (Contents of statements) or 260.118 (Treasurer and statement of organization of petition committee), 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 (Civil penalty procedures). [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]

Source: Section 260.232 — Civil penalty for failure to file statement or to include required information; notice, https://www.­oregonlegislature.­gov/bills_laws/ors/ors260.­html.

Notes of Decisions

Discretion to impose fine for filing violations is not limited to cases of willful or intentional violation. United Telephone Employees PAC v. Secretary of State, 138 Or App 135, 906 P2d 306 (1995)

260.005
Definitions
260.007
Exclusions from definitions of “contribution” and “expenditure.”
260.011
Prohibition on using cryptocurrency to make contribution
260.035
Treasurer and statement of organization for political committees and candidates
260.037
Liability of candidate or treasurer for default or violation of treasurer obligations
260.038
Treasurer of more than one candidate or committee
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
260.043
Exemptions for candidate who expects neither contributions nor expenditures to exceed $750 or $3,500
260.044
Statement of independent expenditures
260.046
Discontinuance of statement of organization
260.049
Reports to be filed by certain corporations
260.052
Political committee identification number
260.054
Political committee campaign account
260.055
Accounts of contributions and expenditures
260.056
Written loan agreements
260.057
Electronic campaign finance filing system
260.064
In-kind contribution from candidate, political committee or petition committee
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
260.095
Reporting expenditures that are both in-kind contributions and expenditures
260.112
Filing of certificate by candidate or treasurer of political committee or petition committee who expects neither contributions nor expenditures to exceed $3,500
260.118
Treasurer and statement of organization of petition committee
260.156
Rules for reporting expenditures and contributions
260.163
County or city campaign finance provisions
260.200
Secretary of State rules for accounts, forms, material to be retained and material not subject to disclosure
260.205
Inspection of statements
260.215
Periodic examination and investigation of statements
260.218
Subpoena authority
260.225
Court proceedings to compel filing of correct statements
260.232
Civil penalty for failure to file statement or to include required information
260.234
Notice of civil penalty
260.241
Removal from general election ballot for failure to file statement
260.245
Withholding certificate of election or certificate of nomination for failure to file statement
260.255
Preservation of filed statements by filing officers
260.262
Accounts of chief petitioners
260.266
Statement of persons who paid for communication in support of or in opposition to clearly identified candidate
260.275
Definitions for ORS 260.275 to 260.285
260.281
Donor identification lists
260.285
Civil penalty for failure to file donor identification list or to include required information
260.315
Distribution of copies of law
260.345
Complaints or other information regarding violations
260.351
Court proceedings for election law violations, generally
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
260.402
Contributions in false name
260.407
Use of contributed amounts for certain purposes
260.409
Expenditures for professional services rendered by candidate
260.413
Prohibition on committee providing consideration in connection with nondisclosure agreement relating to workplace harassment
260.422
Acceptance of employment where compensation to be contributed
260.432
Solicitation of public employees
260.532
False publication relating to candidate or measure
260.537
False publication intended to mislead electors
260.550
Use of term “incumbent.”
260.555
Prohibitions relating to circulation, filing or certification of initiative, referendum or recall petition
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
260.561
Liability of certain chief petitioners for violations committed by persons obtaining signatures on petition
260.563
Liability of contractor obtaining signatures on petition for violations committed by subcontractor
260.567
Alteration of information on petition signature sheet
260.569
Payment based on signatures obtained on nominating petition or voter registration card
260.575
Use of threats and intimidation for purpose of extorting money
260.635
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
260.675
Prohibited distribution of ballots
260.685
Elections official compliance with directives of Secretary of State
260.695
Prohibitions relating to voting
260.705
Premature release of vote tally
260.715
Prohibited conduct
260.993
Criminal penalties
260.995
Civil penalties
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