ORS 260.285
Civil penalty for failure to file donor identification list or to include required information

  • notice
  • rules

(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 failing to:

(a)

Timely file an initial donor identification list required to be filed under ORS 260.281 (Donor identification lists);

(b)

Timely file an updated donor identification list required to be filed under ORS 260.281 (Donor identification lists); or

(c)

Include all donors or amounts donated that are required to be included in an initial donor identification list or an updated donor identification list that is required to be filed under ORS 260.281 (Donor identification lists).

(2)

Intentionally left blank —Ed.

(a)

For each failure to timely file an initial donor identification list that is required to be filed under ORS 260.281 (Donor identification lists) for exceeding the electioneering threshold for a legislative race, the Secretary of State may impose a civil penalty not to exceed the lesser of:

(A)

10 percent per day of the total cost for political communications made by the covered organization for the applicable legislative race; or

(B)

150 percent of the total cost for political communications made by the covered organization for the applicable legislative race.

(b)

For each failure to timely file an initial donor identification list that is required to be filed under ORS 260.281 (Donor identification lists) for exceeding the electioneering threshold for a measure, the Secretary of State may impose a civil penalty not to exceed the lesser of:

(A)

10 percent per day of the total cost for political communications made by the covered organization for the applicable measure; or

(B)

150 percent of the total cost for political communications made by the covered organization for the applicable measure.

(c)

For each failure to timely file an initial donor identification list that is required to be filed under ORS 260.281 (Donor identification lists) for exceeding the electioneering threshold for a political committee, the Secretary of State may impose a civil penalty not to exceed the lesser of:

(A)

10 percent per day of the total cost for political communications made by the covered organization for the applicable political committee; or

(B)

150 percent of the total cost for political communications made by the covered organization for the applicable political committee.

(d)

For each failure to timely file an initial donor identification list that is required to be filed under ORS 260.281 (Donor identification lists) for exceeding the electioneering threshold for a statewide race, the Secretary of State may impose a civil penalty not to exceed the lesser of:

(A)

10 percent per day of the total cost for political communications made by the covered organization for the applicable statewide race; or

(B)

150 percent of the total cost for political communications made by the covered organization for the applicable statewide race.

(3)

For each failure to accurately include the name of a donor or the amount a donor donated to the covered organization in an initial donor identification list or an updated donor identification list that is required to be filed under ORS 260.281 (Donor identification lists), or for each failure to timely file an updated donor identification list that is required to be filed under ORS 260.281 (Donor identification lists), the Secretary of State may impose a civil penalty not to exceed 10 percent of the aggregate donations that were not properly identified.

(4)

Except as otherwise provided by this section, civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures). In addition to the requirements for a notice of right to a hearing of ORS 183.745 (Civil penalty procedures), the notice shall include:

(a)

A statement of the authority and jurisdiction under which the hearing is to be held; and

(b)

If the person is an agency, corporation or an unincorporated association, a statement that such person must be represented by an attorney licensed in Oregon.

(5)

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 date the person received notice sent under subsection (4) of this section; or

(b)

Upon the Secretary of State’s own motion.

(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 or other evidence, sworn to before a notary public, to the Secretary of State for entry in the hearing record. The testimony or other evidence must be received by the Secretary of State not later than three business days before the day of the hearing and may be submitted electronically.

(7)

All hearings under 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. However, if requested by the person against whom the penalty may be assessed, a hearing under subsection (5) of this section shall be held not later than 60 days after the deadline for the person against whom the penalty may be assessed to request a hearing.

(8)

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.

(9)

All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund.

(10)

The Secretary of State may adopt rules necessary to implement this section. [2019 c.637 §4; 2021 c.473 §10]

Source: Section 260.285 — Civil penalty for failure to file donor identification list or to include required information; notice; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors260.­html.

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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