ORS 260.057¹
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 (Contents of statements); and

(b) Treasurers appointed by the chief petitioners of initiative, referendum or recall petitions under ORS 260.118 (Treasurer and statement of organization for initiative, referendum or recall petition) to file with the secretary statements of contributions received and expenditures made by the treasurers and chief petitioners.

(2)(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) 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 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.

(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.

(3) Except as provided in subsection (4) of this section, during a period not described in subsection (2) of this section, a candidate or political committee shall file a statement described in subsection (1) of this section not later than 30 calendar days after a contribution is received or an expenditure is made.

(4)(a) If a candidate for nomination or election at any primary election or a political committee supporting or opposing a candidate or measure at any primary election receives a contribution or makes an expenditure prior to the 42nd calendar day before the date of the primary election and the candidate or political committee has not filed a statement of the contribution or expenditure under subsection (3) of this section by the 43rd calendar day before the date of the primary election, the candidate or political committee shall file a statement described in subsection (1) of this section not later than the 35th calendar day before the date of the primary election.

(b) If a candidate for nomination or election at any general election or a political committee supporting or opposing a candidate or measure at any general election receives a contribution or makes an expenditure prior to the 42nd calendar day before the date of the general election and the candidate or political committee has not filed a statement of the contribution or expenditure under subsection (3) of this section by the 43rd calendar day before the date of the general election, the candidate or political committee shall file a statement described in subsection (1) of this section not later than the 35th calendar day before the date of the general election.

(5) The electronic filing system shall be provided free of charge by the secretary and:

(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.

(6)(a) Except as provided in paragraph (b) of this subsection, the secretary shall make all data filed electronically under this section and all information filed with the secretary under ORS 260.044 (Statement of independent expenditures), 260.045 (Contributions received from out-of-state political committees), 260.049 (Reports to be filed by certain corporations), 260.085 (Listing of occupation of contributor), 260.102 (Statements of persons reducing expenditure deficit) or 260.118 (Treasurer and statement of organization for initiative, referendum or recall petition) 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.

(b) The secretary may not make data that are filed electronically under this section or ORS 260.118 (Treasurer and statement of organization for initiative, referendum or recall petition) available to the public under this section, unless the data are required to be listed under ORS 260.083 (Contents of statements). The secretary may not disclose under ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated) any data that are filed electronically under this section or ORS 260.118 (Treasurer and statement of organization for initiative, referendum or recall petition), unless the data are required to be listed under ORS 260.083 (Contents of statements).

(7)(a) Except as provided in paragraph (b) of this subsection, each statement required by this section shall be signed and certified as true by the candidate or treasurer required to file it. Signatures shall be supplied in the manner specified by the secretary by rule.

(b) A candidate or treasurer may designate a person to sign and certify as true a statement required by this section. The designation must be filed in writing with the secretary and must be renewed for each two-year period beginning January 1 of an even-numbered year.

(8) Subsections (1) to (7) of this section do not apply to:

(a) Candidates for federal office;

(b) Candidates who are not required to file a statement of organization under ORS 260.043 (Exemptions for candidate who expects neither contributions nor expenditures to exceed $300); or

(c) Candidates or political committees who file certificates under ORS 260.112 (Filing of certificate by candidate or treasurer of political committee who expects neither contributions nor expenditures to exceed $2,000). [2005 c.809 §14; 2007 c.570 §1; 2007 c.848 §12]

Note: Section 55, chapter 809, Oregon Laws 2005, provides:

Sec. 55. (1) During the period beginning on January 1, 2007, and ending on December 31, 2008, in setting the amount of a civil penalty under ORS 260.232 (Civil penalty for failure to file statement or to include required information), as amended by section 41 of this 2005 Act, for a violation involving a statement required to be filed using the electronic filing system described in section 14 of this 2005 Act [260.057 (Electronic campaign finance filing system)], the Secretary of State shall consider as a mitigating circumstance any issues arising from the transition from a paper filing system to an electronic filing system for the filing of statements of contributions received and expenditures made under ORS chapter 260.

(2) This section is repealed January 2, 2010. [2005 c.809 §55]

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/­ors/­260.­html (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.
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