ORS 260.118
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 must 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 must 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 must include the name of the officer whose recall is demanded.

(3)

In addition to the information listed in subsection (2) of this section, the statement of organization must include, or be amended within five business days to include, 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 subsection except as necessary for purposes of enforcing the provisions of ORS chapters 246 to 260.

(4)

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.

(5)

Except as provided in subsection (3) of this section, if there is a change in the information submitted in a statement of organization under subsections (2) and (3) of this section, the treasurer shall file an amended statement of organization not later than the 10th day after the change in information.

(6)

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).

(7)

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

(8)

The treasurer of a referendum petition committee or a recall petition committee shall file a statement described in subsection (6) 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.

(9)

Except as provided in subsection (10) of this section, during a period not described in subsection (7) or (8) of this section, a treasurer of an initiative, referendum or recall petition committee shall file a statement described in subsection (6) of this section not later than 30 calendar days after a contribution is received or an expenditure is made.

(10)

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 (6) 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 (6) of this section not later than the 35th calendar day before the date that is four months before a general election, or not later than whichever of the following dates occurs first:

(a)

The date required under subsection (9) of this section; or

(b)

The 35th day before the date of the primary election or general election.

(11)

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.

(12)

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

(13)

Subsections (6) to (12) 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).

(14)

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; 2018 c.70 §3]

Source: Section 260.118 — Treasurer and statement of organization of petition committee; filing electronic statements of contributions and expenditures; schedule; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors260.­html.

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)

260.005
Definitions
260.007
Exclusions from definitions of “contribution” and “expenditure.”
260.011
Prohibition on using cryptocurrency to make contribution
260.035
Treasurer and statement of organization for political committees and candidates
260.037
Liability of candidate or treasurer for default or violation of treasurer obligations
260.038
Treasurer of more than one candidate or committee
260.039
Content of statement of organization of candidate or principal campaign committee
260.041
Principal campaign committee
260.042
Content of statement of organization of political committee
260.043
Exemptions for candidate who expects neither contributions nor expenditures to exceed $750 or $3,500
260.044
Statement of independent expenditures
260.046
Discontinuance of statement of organization
260.049
Reports to be filed by certain corporations
260.052
Political committee identification number
260.054
Political committee campaign account
260.055
Accounts of contributions and expenditures
260.056
Written loan agreements
260.057
Electronic campaign finance filing system
260.064
In-kind contribution from candidate, political committee or petition committee
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
260.095
Reporting expenditures that are both in-kind contributions and expenditures
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
260.118
Treasurer and statement of organization of petition committee
260.156
Rules for reporting expenditures and contributions
260.163
County or city campaign finance provisions
260.200
Secretary of State rules for accounts, forms, material to be retained and material not subject to disclosure
260.205
Inspection of statements
260.215
Periodic examination and investigation of statements
260.218
Subpoena authority
260.225
Court proceedings to compel filing of correct statements
260.232
Civil penalty for failure to file statement or to include required information
260.234
Notice of civil penalty
260.241
Removal from general election ballot for failure to file statement
260.245
Withholding certificate of election or certificate of nomination for failure to file statement
260.255
Preservation of filed statements by filing officers
260.262
Accounts of chief petitioners
260.266
Statement of persons who paid for communication in support of or in opposition to clearly identified candidate
260.275
Definitions for ORS 260.275 to 260.285
260.281
Donor identification lists
260.285
Civil penalty for failure to file donor identification list or to include required information
260.315
Distribution of copies of law
260.345
Complaints or other information regarding violations
260.351
Court proceedings for election law violations, generally
260.355
Deprivation of nomination or office for deliberate and material election violation
260.365
Election or appointment after deprivation of nomination or office for violation
260.368
Investigations of violations of prohibition on payment based on number of signatures obtained on petition
260.402
Contributions in false name
260.407
Use of contributed amounts for certain purposes
260.409
Expenditures for professional services rendered by candidate
260.413
Prohibition on committee providing consideration in connection with nondisclosure agreement relating to workplace harassment
260.422
Acceptance of employment where compensation to be contributed
260.432
Solicitation of public employees
260.532
False publication relating to candidate or measure
260.537
False publication intended to mislead electors
260.550
Use of term “incumbent.”
260.555
Prohibitions relating to circulation, filing or certification of initiative, referendum or recall petition
260.556
Secretary of State prohibited from counting petition signatures obtained by certain persons
260.558
Payment for signing or not signing initiative, referendum or recall petition
260.561
Liability of certain chief petitioners for violations committed by persons obtaining signatures on petition
260.563
Liability of contractor obtaining signatures on petition for violations committed by subcontractor
260.567
Alteration of information on petition signature sheet
260.569
Payment based on signatures obtained on nominating petition or voter registration card
260.575
Use of threats and intimidation for purpose of extorting money
260.635
Bets and wagers on election results
260.645
Illegal acts relating to voting machines or vote tally systems
260.665
Undue influence to affect registration, voting, candidacy, signing petitions
260.675
Prohibited distribution of ballots
260.685
Elections official compliance with directives of Secretary of State
260.695
Prohibitions relating to voting
260.705
Premature release of vote tally
260.715
Prohibited conduct
260.993
Criminal penalties
260.995
Civil penalties
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