ORS 260.044¹
Statement of independent expenditures
  • when person considered political committee or principal campaign committee

(1) A person shall file a statement of independent expenditures if the person makes independent expenditures in a total amount of more than $100 in a calendar year. The statement shall be filed with the Secretary of State.

(2) A statement described in subsection (1) of this section shall be filed not later than seven calendar days after the total amount of independent expenditures exceeds $100 in a calendar year. The accounting period for the statement required by subsection (1) of this section begins on the date that an independent expenditure is made. The statement shall specify the candidate or measure supported or opposed by the independent expenditure. The secretary by rule shall prescribe the form of the statement.

(3) Notwithstanding ORS 260.005 (Definitions) (16), 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 (Statement of organization of political committee) and the statements required by ORS 260.057 (Electronic campaign finance filing system) or 260.076 (Statements of contributions received during session of Legislative Assembly).

(4) 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 (Electronic campaign finance filing system), 260.076 (Statements of contributions received during session of Legislative Assembly) or 260.102 (Statements of persons reducing expenditure deficit) or a certificate filed under ORS 260.112 (Filing of certificate by candidate or treasurer of political committee who expects neither contributions nor expenditures to exceed $2,000);

(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 (Exemptions for candidate who expects neither contributions nor expenditures to exceed $300); and

(c) A person is not a political committee under subsection (3) 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 (Electronic campaign finance filing system), 260.076 (Statements of contributions received during session of Legislative Assembly) or 260.102 (Statements of persons reducing expenditure deficit) or a certificate filed under ORS 260.112 (Filing of certificate by candidate or treasurer of political committee who expects neither contributions nor expenditures to exceed $2,000). [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]

Notes of Decisions

Person must file report of expenditures for publica­tion in support of or opposi­tion to candidate if: 1) message, in context, clearly and unambiguously urges elec­tion or defeat of candidate; 2) message, as whole, seeks ac­tion as opposed to giving in­for­ma­­tion; and 3) ac­tion advocated by message is clear. State ex rel Crumpton v. Keisling, 160 Or App 406, 982 P2d 3 (1999), Sup Ct review denied

Notes of Decisions

Disclosure require­ments, specifically with respect to third parties, do not infringe on right to associate for po­lit­i­cal purposes and are constitu­tional. Oregon Socialist Workers v. Paulus, 432 F Supp 1255 (1977)

Chapter 260

Notes of Decisions

Challenge to ballot title on basis it did not conform to ORS 310.315 is within jurisdic­tion of Tax Court. Gugler v. Baker School Dist. 5-J, 12 OTR 162 (1992)

Atty. Gen. Opinions

Applica­tion to committee collecting contribu­tions to es­tab­lish fund to defray elected official's expenses incurred in performing po­lit­i­cal func­tions of office, (1980) Vol 40, p 11; preemp­tion by federal law of campaign financing with respect to federal candidates, (1981) Vol 41, p 420

Law Review Cita­tions

50 OLR 299-321 (1971); 55 OLR 253-266 (1976)

1 Legislative Counsel Committee, CHAPTER 260—Campaign Finance Regulation; Election Offenses, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors260.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 260, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­260ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information