2017 ORS 260.715¹
Prohibited conduct

(1) A person may not knowingly make a false statement, oath or affidavit when a statement, oath or affidavit is required under the election laws.

(2) A person may not request a ballot in a name other than the person’s own name.

(3) A person may not vote or attempt to vote more than once at any election held on the same date.

(4) A person may not vote or attempt to vote both in an election held in this state and in another state on the same date.

(5) A person, except an elections official in performance of duties, may not willfully alter or destroy a ballot cast at an election or the returns of an election.

(6) A person may not willfully place a fraudulent ballot among the genuine ballots.

(7) A person may not falsely write anything purporting to be written by an elections official in performance of duties on the ballot.

(8) A person may not commit theft of a ballot or tally or return sheet, or willfully hinder or delay the delivery of the tally or return sheet to the county clerk, or fraudulently break open a sealed tally or return sheet of the election.

(9)(a) A person may not:

(A) Manufacture or knowingly use a fraudulent ballot return identification envelope or secrecy envelope; or

(B) Sell, make an offer with the actual intent to sell, purchase or make an offer with the actual intent to purchase, for money or other valuable consideration, any official ballot, replacement ballot, ballot return identification envelope or secrecy envelope.

(b) As used in this subsection, “ballot return identification envelope” and “secrecy envelope” mean those envelopes used to return ballots to the county clerk. [1979 c.190 §392; 1999 c.318 §45; 2005 c.797 §58; 2007 c.154 §57; 2007 c.155 §10; 2017 c.749 §41]

Notes of Decisions

When defendant chose to file candidate’s state­ment for Voter’s Pamphlet pursuant to ORS 251.085 (Format of candidate’s statement), its substance was circumscribed by law and state­ments re­gard­ing his educa­tional background were “re­quired under the elec­tion laws” within the meaning of this sec­tion. State v. Huntley, 82 Or App 350, 728 P2d 868 (1986), Sup Ct review denied

When state­ment is certified as true, statutory pro­hi­bi­­tion against making false state­ment is contemporary variant of perjury and is not unconstitu­tional under Article I, sec­tion 8 of the Oregon Constitu­tion. State v. Huntley, 82 Or App 350, 728 P2d 868 (1986), Sup Ct review denied

It is not grant of unequal privileges or immunities under Article I, sec­tion 20 of the Oregon Constitu­tion that prosecutor may choose between charging unsworn falsifica­tion (ORS 162.085 (Unsworn falsification)) and making false state­ments under this sec­tion. State v. Huntley, 82 Or App 350, 728 P2d 868 (1986), Sup Ct review denied

Where defendant posted on on­­line forum advertise­ment stating defendant would give an­oth­er per­son $20 if per­son brought ballot to defendant and allowed defendant to complete ballot, then per­son would sign ballot and defendant would submit ballot, defendant’s post was “offer to purchase” as that phrase is used in subsec­tion (9) of this sec­tion even though defendant meant post as joke and did not intend to follow through with offer. State v. Hirschman, 279 Or App 338, 379 P3d 616 (2016)

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.