2017 ORS 260.118¹
Treasurer and statement of organization of petition committee
  • 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 shall file a statement of organization of a petition committee with the appropriate filing officer. The treasurer shall file the statement not later than the third business day after a chief petitioner or the treasurer receives a contribution or makes 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.

(d) The name of the financial institution in which the petition account required under ORS 260.054 (Political committee campaign account) is established, the name of the account, the name of the account holder and the names of all individuals who have signature authority for the account. The Secretary of State may not disclose information received by the secretary under this paragraph except as necessary for purposes of enforcing the provisions of ORS chapters 246 to 260.

(3) A treasurer may designate an elector of this state to be liable for any civil penalty imposed under ORS 260.232 (Civil penalty for failure to file statement or to include required information). The treasurer shall include the name and address of any elector designated under this subsection in a statement of organization filed under this section.

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

(5) The treasurer of an initiative, referendum or recall petition committee 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 petition committee, as described in ORS 260.083 (Contents of statements).

(6) The treasurer of an initiative petition committee shall file a statement described in subsection (5) 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.

(7) The treasurer of a referendum petition committee or a recall petition committee shall file a statement described in subsection (5) 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 committee, 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 committee, to contributions received and expenditures made during the period beginning on the day on which the recall petition is filed under ORS 249.865 (Filing prospective petition) and ending on the deadline for submitting signatures for verification.

(8) Except as provided in subsection (9) of this section, during a period not described in subsection (6) or (7) of this section, a treasurer of an initiative, referendum or recall petition committee shall file a statement described in subsection (5) of this section not later than 30 calendar days after a contribution is received or an expenditure is made.

(9) If a treasurer of an initiative petition committee 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 (5) 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 (5) 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.

(10) For an initiative petition committee, 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.

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

(12) Subsections (5) to (11) of this section do not apply to petition committees that file certificates 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).

(13) 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; 2009 c.818 §12; 2013 c.756 §4; 2017 c.517 §3; 2017 c.749 §54]

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

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.