ORS 260.232¹
Civil penalty for failure to file statement or to include required information

(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) (1), 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), 260.102 (Statements of persons reducing expenditure deficit), 260.112 (Filing of certificate by candidate or treasurer of political committee who expects neither contributions nor expenditures to exceed $2,000) or 260.118 (Treasurer and statement of organization for initiative, referendum or recall petition).

(b) Failure to include in a statement filed under ORS 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), 260.102 (Statements of persons reducing expenditure deficit), 260.112 (Filing of certificate by candidate or treasurer of political committee who expects neither contributions nor expenditures to exceed $2,000) or 260.118 (Treasurer and statement of organization for initiative, referendum or recall petition) the information required under ORS 260.057 (Electronic campaign finance filing system), 260.076 (Statements of contributions received during session of Legislative Assembly), 260.083 (Contents of statements), 260.102 (Statements of persons reducing expenditure deficit) or 260.118 (Treasurer and statement of organization for initiative, referendum or recall petition).

(2) 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) (1), 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), 260.102 (Statements of persons reducing expenditure deficit), 260.112 (Filing of certificate by candidate or treasurer of political committee who expects neither contributions nor expenditures to exceed $2,000) or 260.118 (Treasurer and statement of organization for initiative, referendum or recall petition) within the time specified in ORS 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 for initiative, referendum or recall petition), the Secretary of State by certified mail shall notify the person that a penalty may be imposed and that the person has 20 days to request a hearing before the Secretary of State. 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 this subsection by certified mail to the individual who is the candidate and by first class mail to the candidate’s treasurer or the treasurer of the candidate’s principal campaign committee. The notice sent by certified mail to the individual who is a candidate shall be used for purposes of determining the deadline for requesting a hearing under subsection (3) of this section. The Secretary of State is not required to send two notices if the candidate serves as the treasurer of the candidate’s principal campaign committee.

(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 person received 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 30 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 45 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, subject to the penalty for false swearing, 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.

(7) A civil penalty imposed under this section may not be more than:

(a) $10,000 for failure to file a statement or certificate required to be filed under ORS 260.044 (Statement of independent expenditures) (1), 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), 260.102 (Statements of persons reducing expenditure deficit), 260.112 (Filing of certificate by candidate or treasurer of political committee who expects neither contributions nor expenditures to exceed $2,000) or 260.118 (Treasurer and statement of organization for initiative, referendum or recall petition); or

(b) $10,000 for each failure to include in a statement filed under ORS 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), 260.102 (Statements of persons reducing expenditure deficit), 260.112 (Filing of certificate by candidate or treasurer of political committee who expects neither contributions nor expenditures to exceed $2,000) or 260.118 (Treasurer and statement of organization for initiative, referendum or recall petition) the information required under ORS 260.057 (Electronic campaign finance filing system), 260.076 (Statements of contributions received during session of Legislative Assembly), 260.083 (Contents of statements), 260.102 (Statements of persons reducing expenditure deficit) or 260.118 (Treasurer and statement of organization for initiative, referendum or recall petition).

(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]

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)

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