ORS 260.118¹
Treasurer and statement of organization for initiative, referendum or recall petition
  • filing electronic statements of contributions and expenditures
  • schedule
  • rules

(1) The chief petitioners of an initiative, referendum or recall petition shall appoint a treasurer. The treasurer shall be an elector of this state. Contributions shall be received and expenditures made by or through the treasurer.

(2) The treasurer or a chief petitioner shall file a statement of organization with the appropriate filing officer. The treasurer or a chief petitioner shall file the statement not later than the third business day after the chief petitioners receive a contribution or make an expenditure relating to the initiative, referendum or recall petition. The statement shall include:

(a) The name and address of the chief petitioners.

(b) The name and address of the treasurer appointed under subsection (1) of this section.

(c) A designation of the initiative, referendum or recall petition. The designation of the recall petition shall include the name of the officer whose recall is demanded.

(3) If there is a change in the information submitted in a statement of organization under subsection (2) of this section, the treasurer or a chief petitioner shall file an amended statement of organization not later than the 10th day after the change in information.

(4) The treasurer of an initiative, referendum or recall petition shall use the electronic filing system adopted under ORS 260.057 (Electronic campaign finance filing system) to file with the Secretary of State statements of contributions received and expenditures made by the treasurer, as described in ORS 260.083 (Contents of statements).

(5) The treasurer of an initiative petition shall file a statement described in subsection (4) of this section not later than seven calendar days after a contribution is received or an expenditure is made. This subsection applies to contributions received and expenditures made:

(a) During the period beginning on the 42nd calendar day before the date that is four months before a general election and ending on the date that is four months before a general election; and

(b) 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.

(6) The treasurer of a referendum petition or a recall petition shall file a statement described in subsection (4) of this section not later than seven calendar days after a contribution is received or an expenditure is made. This subsection applies:

(a) For a referendum petition, to contributions received and expenditures made during the period beginning on the date the treasurer is appointed under subsection (1) of this section and ending on the deadline for submitting signatures for verification; and

(b) For a recall petition, to contributions received and expenditures made during the period beginning on the day after the date on which the statement of contributions received and expenditures made that is required under ORS 249.865 (Filing prospective petition) is filed and ending on the deadline for submitting signatures for verification.

(7) Except as provided in subsection (8) of this section, during a period not described in subsection (5) or (6) of this section, a treasurer of an initiative, referendum or recall petition shall file a statement described in subsection (4) of this section not later than 30 calendar days after a contribution is received or an expenditure is made.

(8) If a treasurer of an initiative petition receives a contribution or makes an expenditure prior to the 42nd calendar day before the date that is four months before a general election, or the 42nd day before the date of the primary election or general election, and the treasurer has not filed a statement of the contribution or expenditure under subsection (4) of this section by the 43rd calendar day before the date that is four months before a general election, or the 43rd day before the date of the primary election or general election, the treasurer shall file a statement described in subsection (4) of this section not later than the 35th calendar day before the date that is four months before a general election, or the 35th day before the date of the primary election or general election.

(9) For an initiative petition, the accounting period for the first statement filed under this section begins on the date the treasurer is appointed under subsection (1) of this section.

(10) Each statement required under this section shall be signed and certified as true by a chief petitioner or by the treasurer. Signatures shall be supplied in the manner specified by the secretary by rule.

(11) As used in this section, "contribution" and "expenditure" include a contribution or expenditure to or on behalf of an initiative, referendum or recall petition. [1983 c.71 §6; 1985 c.808 §57; 1987 c.210 §2; 1987 c.727 §8; 1991 c.719 §54; 1993 c.493 §§70,71; 1995 c.607 §57; 1999 c.999 §11; 2001 c.732 §1; 2001 c.965 §56; 2005 c.797 §16; 2005 c.809 §37; 2007 c.848 §13]

See also annota­tions under ORS 254.600 in permanent edi­tion.

Notes of Decisions

Under Former Similar Statute

Where local peti­tion signatures were submitted for verifica­tion in batches, filing of state­ment by dead­line for submitting signatures was sufficient. Jewett v. Yerkovich, 27 Or App 127, 555 P2d 950 (1976)

In General

Secretary of State did not err in assessing civil penalty under this sec­tion for failure to timely file contribu­tions and expenditure state­ment for initiative campaign that failed to meet local ordinance dead­line. Salem Committee v. Secretary of State, 109 Or App 364, 819 P2d 752 (1991)

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