2017 ORS 260.044¹
Statement of independent expenditures
  • when person considered political committee or principal campaign committee
  • electronic filing
  • time frames
  • rules

Caution-flag-2-25x25
This section is amended
Effective April 3, 2018
Relating to elections; creating new provisions; amending ORS 247.973, 249.037, 249.068, 249.072, 249.200, 250.045, 250.052, 254.155, 254.165, 254.470, 254.548, 255.295, 260.005, 260.039, 260.042, 260.044, 260.057, 260.118 and 260.215; and declaring an emergency.

(1) If a person makes independent expenditures in a total amount of more than $750 in a calendar year, the person shall use the electronic filing system adopted under ORS 260.057 (Electronic campaign finance filing system) to file with the Secretary of State a statement of independent expenditures not later than seven calendar days after the total amount of independent expenditures exceeds $750 in a calendar year.

(2) A person who files a statement of independent expenditures under subsection (1) of this section shall use the electronic filing system adopted under ORS 260.057 (Electronic campaign finance filing system) to file with the secretary additional statements of independent expenditures made by the person, as described in ORS 260.083 (Contents of statements).

(3) Except as provided in subsections (4) and (5) of this section, a person shall file a statement described in subsection (2) of this section not later than 30 calendar days after an independent expenditure is made.

(4)(a) A person shall file a statement described in subsection (2) of this section not later than seven calendar days after an independent expenditure is made. This paragraph applies to independent expenditures made:

(A) 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

(B) During 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) If the person makes an independent expenditure prior to the 42nd calendar day before the date of the primary or general election and the person has not filed a statement under subsection (3) of this section by the 43rd calendar day before the date of the primary or general election, the person shall file a statement described in subsection (2) of this section not later than the 35th calendar day before the date of the primary or general election.

(5) For any special election, the secretary by rule may establish a period during which a person must file a statement described in subsection (2) of this section. The period may not extend beyond seven calendar days after an independent expenditure is made.

(6) Notwithstanding ORS 260.005 (Definitions) (18), 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 (Content of statement of organization of political committee) and the statements required by ORS 260.057 (Electronic campaign finance filing system), 260.076 (Statements of contributions received during session of Legislative Assembly) or 260.078 (Reporting contributions and expenditures not previously reported).

(7) 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 260.078 (Reporting contributions and expenditures not previously reported) or a certificate filed under ORS 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);

(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 $750 or $3,500); and

(c) A person is not a political committee under subsection (6) 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 260.078 (Reporting contributions and expenditures not previously reported) or a certificate filed under ORS 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). [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; 2009 c.818 §6; 2011 c.652 §6; 2013 c.756 §1; 2013 c.758 §3]

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

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/­ors260.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 260, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano260.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.