Bill Text: OR HB2433 | 2011 | Regular Session | Enrolled
Bill Title: Relating to elections.
Spectrum: Unknown
Status: (Passed) 2011-08-02 - Chapter 652, (2011 Laws): Effective date January 1, 2012. [HB2433 Detail]
Download: Oregon-2011-HB2433-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2433
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Rules)
CHAPTER ................
AN ACT
Relating to elections; creating new provisions; amending ORS
249.037, 251.065, 260.005, 260.035, 260.038, 260.044, 260.046,
260.056, 260.232 and 260.241; and repealing ORS 260.735 and
260.737.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 249.037 is amended to read:
249.037. (1) { + Except as otherwise provided in this
section, + } a nominating petition or declaration of candidacy
shall be filed not sooner than the 250th day and not later than
the 70th day before the date of the primary election.
{ + (2) If a vacancy occurs in a partisan elective office
after the 80th day and before the 70th day before the primary
election, a nominating petition or declaration of candidacy for
that office may be filed not later than the 65th day before the
primary election. + }
{ - (2) - } { + (3) + } { - Notwithstanding subsection
(1) of this section, - } A declaration of candidacy for the
office of precinct committeeperson may not be filed before
February 1 immediately preceding the primary election.
SECTION 2. ORS 251.065 is amended to read:
251.065. (1) { + (a) Except as provided in paragraph (b) of
this subsection, + } not later than the 68th day before the
primary election, any candidate or agent on behalf of the
candidate for nomination or election at the primary election to
the office of President or Vice President of the United States,
United States Senator, Representative in Congress or any state
office as defined in ORS 249.002 may file with the Secretary of
State a portrait of the candidate and a printed or typewritten
statement of the reasons the candidate should be nominated or
elected. A candidate or agent on behalf of the candidate for
nomination or election to any county or city office, or to an
elected office of a metropolitan service district organized under
ORS chapter 268, may file a portrait and statement under this
subsection if permitted under ORS 251.067.
{ + (b) A portrait and statement may be filed not later than
the 63rd day before the primary election in the event of a
vacancy described in ORS 249.037 (2). + }
(2) Not later than the 70th day before the general election,
any candidate or agent on behalf of the candidate for election at
the general election to the office of President or Vice President
of the United States, United States Senator, Representative in
Enrolled House Bill 2433 (HB 2433-A) Page 1
Congress or any state office as defined in ORS 249.002 may file
with the Secretary of State a portrait of the candidate and a
printed or typewritten statement of the reasons the candidate
should be elected. A candidate or agent on behalf of the
candidate for election to any county or city office, or to an
elected office of a metropolitan service district organized under
ORS chapter 268, may file a portrait and statement under this
subsection if permitted under ORS 251.067.
(3) In the case of a special election to fill a vacancy as
described in ORS 251.022, the Secretary of State by rule shall
set the deadline for filing with the secretary a portrait of the
candidate and a printed or typewritten statement of the reasons
the candidate should be nominated or elected.
(4) Subject to subsections (1) to (3) of this section, the
Secretary of State by rule shall establish the format of the
statements permitted under this section.
(5) A portrait or statement filed under this section shall be
accompanied by a telephone or electronic facsimile transmission
machine number where the candidate may be contacted for purposes
of ORS 251.087.
SECTION 3. ORS 260.005 is amended to read:
260.005. As used in this chapter:
(1)(a) 'Candidate' means:
(A) An individual whose name is printed on a ballot, for whom a
declaration of candidacy, nominating petition or certificate of
nomination to public office has been filed or whose name is
expected to be or has been presented, with the individual's
consent, for nomination or election to public office;
(B) An individual who has solicited or received and accepted a
contribution, made an expenditure, or given consent to an
individual, organization, political party or political committee
to solicit or receive and accept a contribution or make an
expenditure on the individual's behalf to secure nomination or
election to any public office at any time, whether or not the
office for which the individual will seek nomination or election
is known when the solicitation is made, the contribution is
received and retained or the expenditure is made, and whether or
not the name of the individual is printed on a ballot; or
(C) A public office holder against whom a recall petition has
been completed and filed.
(b) For purposes of this section and ORS 260.035 to 260.156, '
candidate' does not include a candidate for the office of
precinct committeeperson.
(2) 'Committee director' means any person who directly and
substantially participates in decision-making on behalf of a
political committee concerning the solicitation or expenditure of
funds and the support of or opposition to candidates or measures.
The officers of a political party shall be considered the
directors of any political party committee of that party, unless
otherwise provided in the party's bylaws.
(3) Except as provided in ORS 260.007, 'contribute' or '
contribution' includes:
(a) The payment, loan, gift, forgiving of indebtedness, or
furnishing without equivalent compensation or consideration, of
money, services other than personal services for which no
compensation is asked or given, supplies, equipment or any other
thing of value:
(A) For the purpose of influencing an election for public
office or an election on a measure, or of reducing the debt of a
Enrolled House Bill 2433 (HB 2433-A) Page 2
candidate for nomination or election to public office or the debt
of a political committee; or
(B) To or on behalf of a candidate, political committee or
measure;
(b) Any unfulfilled pledge, subscription, agreement or promise,
whether or not legally enforceable, to make a contribution; and
(c) The excess value of a contribution made for compensation or
consideration of less than equivalent value.
(4) 'Controlled committee' means a political committee that, in
connection with the making of contributions or expenditures:
(a) Is controlled directly or indirectly by a candidate or a
controlled committee; or
(b) Acts jointly with a candidate or controlled committee.
(5) 'Controlled directly or indirectly by a candidate ' means:
(a) The candidate, the candidate's agent, a member of the
candidate's immediate family or any other political committee
that the candidate controls has a significant influence on the
actions or decisions of the political committee; or
(b) The candidate's principal campaign committee and the
political committee both have the candidate or a member of the
candidate's immediate family as a treasurer or director.
(6) 'County clerk' means the county clerk or the county
official in charge of elections.
(7) 'Elector' means an individual qualified to vote under
section 2, Article II of the Oregon Constitution.
(8) Except as provided in ORS 260.007, 'expend' or '
expenditure' includes the payment or furnishing of money or
anything of value or the incurring or repayment of indebtedness
or obligation by or on behalf of a candidate, political committee
or person in consideration for any services, supplies, equipment
or other thing of value performed or furnished for any reason,
including support of or opposition to a candidate, political
committee or measure, or for reducing the debt of a candidate for
nomination or election to public office. 'Expenditure' also
includes contributions made by a candidate or political committee
to or on behalf of any other candidate or political committee.
(9) 'Filing officer' means:
(a) The Secretary of State:
(A) Regarding a candidate for public office;
(B) Regarding a statement required to be filed under ORS
260.118;
(C) Regarding any measure; or
(D) Regarding any political committee.
(b) In the case of an irrigation district formed under ORS
chapter 545, 'filing officer' means:
(A) The county clerk, regarding any candidate for office or any
measure at an irrigation district formation election where the
proposed district is situated wholly in one county;
(B) The county clerk of the county in which the office of the
secretary of the proposed irrigation district will be located,
regarding any candidate for office or any measure at an
irrigation district formation election where the proposed
district is situated in more than one county; or
(C) The secretary of the irrigation district for any election
other than an irrigation district formation election.
(10) 'Independent expenditure' means an expenditure by a person
for a communication in support of or in opposition to a clearly
identified candidate or measure that is not made with the
cooperation or with the prior consent of, or in consultation
with, or at the request or suggestion of, a candidate or any
Enrolled House Bill 2433 (HB 2433-A) Page 3
agent or authorized committee of the candidate, or any political
committee or agent of a political committee supporting or
opposing a measure. For purposes of this subsection:
(a) 'Agent' means any person who has:
(A) Actual oral or written authority, either express or
implied, to make or to authorize the making of expenditures on
behalf of a candidate or on behalf of a political committee
supporting or opposing a measure; or
(B) Been placed in a position within the campaign organization
where it would reasonably appear that in the ordinary course of
campaign-related activities the person may authorize
expenditures.
(b)(A) 'Clearly identified' means, with respect to candidates:
(i) The name of the candidate involved appears;
(ii) A photograph or drawing of the candidate appears; or
(iii) The identity of the candidate is apparent by unambiguous
reference.
(B) 'Clearly identified' means, with respect to measures:
(i) The ballot number of the measure appears;
(ii) A description of the measure's subject or effect appears;
or
(iii) The identity of the measure is apparent by unambiguous
reference.
(c) 'Communication in support of or in opposition to a clearly
identified candidate or measure' means:
(A) The communication, taken in its context, clearly and
unambiguously urges the election or defeat of a clearly
identified candidate for nomination or election to public office,
or the passage or defeat of a clearly identified measure;
(B) The communication, as a whole, seeks action rather than
simply conveying information; and
(C) It is clear what action the communication advocates.
(d) 'Made with the cooperation or with the prior consent of, or
in consultation with, or at the request or suggestion of, a
candidate or any agent or authorized committee of the candidate,
or any political committee or agent of a political committee
supporting or opposing a measure':
(A) Means any arrangement, coordination or direction by the
candidate or the candidate's agent, or by any political committee
or agent of a political committee supporting or opposing a
measure, prior to the publication, distribution, display or
broadcast of the communication. An expenditure shall be presumed
to be so made when it is:
(i) Based on information about the plans, projects or needs of
the candidate, or of the political committee supporting or
opposing a measure, and provided to the expending person by the
candidate or by the candidate's agent, or by any political
committee or agent of a political committee supporting or
opposing a measure, with a view toward having an expenditure
made; or
(ii) Made by or through any person who is or has been
authorized to raise or expend funds, who is or has been an
officer of a political committee authorized by the candidate or
by a political committee or agent of a political committee
supporting or opposing a measure, or who is or has been receiving
any form of compensation or reimbursement from the candidate, the
candidate's principal campaign committee or agent or from any
political committee or agent of a political committee supporting
or opposing a measure.
Enrolled House Bill 2433 (HB 2433-A) Page 4
(B) Does not mean providing to the expending person upon
request a copy of this chapter or any rules adopted by the
Secretary of State relating to independent expenditures.
(11) 'Initiative petition' means a petition to initiate a
measure for which a prospective petition has been filed but that
is not yet a measure.
(12) 'Judge' means judge of the Supreme Court, Court of
Appeals, circuit court or the Oregon Tax Court.
(13) 'Mass mailing' means more than 200 substantially similar
pieces of mail, but does not include a form letter or other mail
that is sent in response to an unsolicited request, letter or
other inquiry.
(14) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(15) 'Occupation' means:
(a) The nature of an individual's principal business; and
(b) If the individual is employed by another person, the
business name and address, by city and state, of the employer.
(16) 'Person' means an individual, corporation, limited
liability company, labor organization, association, firm,
partnership, joint stock company, club, organization or other
combination of individuals having collective capacity.
(17) 'Petition committee' means an initiative, referendum or
recall petition committee organized under ORS 260.118.
(18) 'Political committee' means a combination of two or more
individuals, or a person other than an individual, that has:
(a) Received a contribution for the purpose of supporting or
opposing a candidate, measure or political party; or
(b) Made an expenditure for the purpose of supporting or
opposing a candidate, measure or political party. For purposes of
this paragraph, an expenditure does not include:
(A) A contribution to a candidate or political committee that
is required to report the contribution on a statement filed under
ORS 260.057, 260.076 or 260.102 or a certificate filed under ORS
260.112; or
(B) An independent expenditure for which a statement is
required to be filed by a person under ORS 260.044.
(19) 'Public office' means any national, state, county,
district, city office or position, except a political party
office, that is filled by the electors.
(20) 'Recall petition' means a petition to recall a public
officer for which a prospective petition has been filed but that
is not yet a measure.
(21) 'Referendum petition' means a petition to refer a measure
for which a prospective petition has been filed but that is not
yet a measure.
(22) 'Regular district election' means the regular district
election described in ORS 255.335.
{ - (23) 'Slate mailer' means a mass mailing that supports or
opposes a total of three or more candidates or measures. - }
{ - (24)(a) 'Slate mailer organization' means any person who
directly or indirectly: - }
{ - (A) Is involved in the production of one or more slate
mailers and exercises control over the selection of the
Enrolled House Bill 2433 (HB 2433-A) Page 5
candidates and measures to be supported or opposed in the slate
mailers; and - }
{ - (B) Receives or is promised payment for producing one or
more slate mailers or for endorsing or opposing, or refraining
from endorsing or opposing, a candidate or measure in one or more
slate mailers. - }
{ - (b) 'Slate mailer organization' does not include: - }
{ - (A) A political committee organized by a political party;
or - }
{ - (B) A political committee organized by the caucus of
either the Senate or the House of Representatives of the
Legislative Assembly. - }
{ - (25) - } { + (23) + } 'State office' means the office
of Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, state Senator, state
Representative, judge or district attorney.
SECTION 4. ORS 260.035 is amended to read:
260.035. (1) Not later than the third business day after a
political committee first receives a contribution or makes an
expenditure, the political committee shall:
(a) Appoint a treasurer who shall be an elector of this state;
(b) Certify the name and address of the treasurer to the filing
officer; and
(c) File a statement of organization under ORS 260.039 or
260.042.
{ + (2) A candidate may serve as the candidate's own
treasurer or may appoint and certify to the filing officer the
name and address of a treasurer. A candidate's treasurer shall
perform all the duties prescribed for the candidate under ORS
260.035 to 260.156. + }
{ - (2) - } { + (3) + } Contributions shall be received and
expenditures made by or through the treasurer of the political
committee { + or the candidate or the treasurer of a principal
campaign committee + }.
{ - (3) - } { + (4) + } Any change in information required
under this section shall be indicated in an amended certification
filed not later than the 10th day after the change in
information.
SECTION 5. ORS 260.038 is amended to read:
260.038. (1) An individual may be appointed and serve as
treasurer of a candidate { + , + } { - and - } a political
committee { + or petition committee + } or of two or more
candidates { + , + } { - or - } political committees { + or
petition committees + }.
(2) A candidate { + , + } { - or - } political
committee { + or petition committee + } may remove a treasurer.
{ + (3) + } In event of the death, resignation or removal of
a treasurer before compliance with all obligations of a treasurer
under ORS { - 260.005 and - } 260.035 to 260.156, { - a
candidate may and a political committee - } { + no later than
14 days after the death, resignation or removal of the treasurer:
(a) A candidate shall appoint a successor and certify the name
and address of the successor in the manner of an original
appointment or certify to the filing officer that the candidate
serves as the candidate's own treasurer.
(b) A committee director + } shall appoint a successor and
certify the name and address of the successor in the manner of an
original appointment.
Enrolled House Bill 2433 (HB 2433-A) Page 6
{ + (c) A chief petitioner shall appoint a successor and
certify the name and address of the successor in the manner of an
original appointment. + }
SECTION 6. ORS 260.044 is amended to read:
260.044. (1) A person shall file a statement of independent
expenditures if the person makes independent expenditures in a
total amount of more than { - $100 - } { + $750 + } in a
calendar year. The statement shall be filed with the Secretary of
State.
(2) A statement described in subsection (1) of this section
shall be filed not later than seven calendar days after the total
amount of independent expenditures exceeds { - $100 - } { +
$750 + } in a calendar year. The accounting period for the
statement required by subsection (1) of this section begins on
the date that an independent expenditure is made. The statement
shall specify the candidate or measure supported or opposed by
the independent expenditure. The secretary by rule shall
prescribe the form of the statement.
(3) Notwithstanding ORS 260.005 (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 and
the statements required by ORS 260.057 or 260.076.
(4) 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, 260.076
or 260.102 or a certificate filed under ORS 260.112;
(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; and
(c) A person is not a political committee under subsection (3)
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,
260.076 or 260.102 or a certificate filed under ORS 260.112.
SECTION 7. ORS 260.046 is amended to read:
260.046. (1) A filing officer, in accordance with rules adopted
by the Secretary of State, may discontinue the statement of
organization of a candidate, principal campaign
committee { + , + } { - or - } political committee { + or
petition committee + } if the candidate { - , principal campaign
committee or political - } { + or + } committee has not filed a
statement of contributions received or expenditures made under
this chapter.
(2) The Secretary of State shall adopt rules prescribing
conditions and procedures under which a filing officer may
discontinue a statement of organization under this section.
(3) If a filing officer discontinues a statement of
organization under this section, the filing officer shall provide
written notice to the candidate, principal campaign
committee { + , + }
{ - or - } political committee { + or petition committee + }
that the statement has been discontinued.
SECTION 8. ORS 260.056 is amended to read:
Enrolled House Bill 2433 (HB 2433-A) Page 7
260.056. (1) A loan made by or to a candidate, political
committee or petition committee must be by written agreement.
(2) A candidate, political committee or petition committee
shall keep a copy of any written loan agreement with the detailed
accounts of the candidate or committee required under ORS
260.055.
(3) Notwithstanding ORS 260.055, a candidate, political
committee or petition committee shall preserve a written loan
agreement { + for at least two years after the statement of the
loan is filed under ORS 260.057 or + } until the loan is
repaid { + , whichever is later + }.
SECTION 9. ORS 260.232 is amended to read:
260.232. (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:
(a) Failure to file a statement or certificate required to be
filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083,
260.102, 260.112 or 260.118.
(b) Failure to include in a statement filed under ORS 260.057,
260.076, 260.078, 260.083, 260.102, 260.112 or 260.118 the
information required under ORS 260.057, 260.076, 260.083, 260.102
or 260.118.
(2)(a) If a person required to file has not filed a statement
or certificate complying with applicable provisions of ORS
260.044, 260.057, 260.076, 260.078, 260.083, 260.085, 260.102,
260.112 or 260.118 within the time specified in ORS 260.044,
260.057, 260.076, 260.078 or 260.118, the Secretary of State by
{ - certified - } { + first class + } mail shall notify the
person that a penalty may be imposed and that the person has 20
days { + from the service date on the notice + } to request a
hearing before the Secretary of State.
(b) If the person required to file is a candidate or the
principal campaign committee of a candidate, the Secretary of
State shall send the notice described in paragraph (a) of this
subsection by { - certified - } { + first class + } mail to
the { - individual who is the - } candidate and { - by first
class mail - } to the candidate's treasurer or the treasurer of
the candidate's principal campaign committee. The notice sent
{ - by certified mail - } to the { - individual who is a - }
candidate shall be used for purposes of determining the deadline
for requesting a hearing under subsection (3) of this section.
The Secretary of State is not required to send two notices if the
candidate serves as the treasurer of the candidate's principal
campaign committee.
(3) 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 person received the notice sent under subsection (2) of
this section;
(b) Upon request of the filing officer with whom a statement or
certificate was required to be filed but was not filed; or
(c) Upon the Secretary of State's own motion.
(4) A hearing under subsection (3) of 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 (3) of this section shall
Enrolled House Bill 2433 (HB 2433-A) Page 8
be held not later than 60 days after the deadline for the person
against whom the penalty may be assessed to request a hearing.
(5) 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.
(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 and other evidence, subject
to the penalty for false swearing, to the Secretary of State for
entry in the hearing record. The testimony and other evidence
must be received by the secretary not later than three business
days before the day of the hearing { + and may be submitted
electronically + }.
(7) A civil penalty imposed under this section may not be more
than the following:
(a) For failure to file a statement or certificate required to
be filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083,
260.102, 260.112 or 260.118, 10 percent of the total amount of
the contribution or expenditure required to be included in the
statement or certificate; or
(b) For each failure to include in a statement filed under ORS
260.057, 260.076, 260.078, 260.083, 260.102, 260.112 or 260.118
the information required under ORS 260.057, 260.076, 260.083,
260.102 or 260.118, 10 percent of the total amount of the
contribution or expenditure required to be included in the
statement.
(8) The Secretary of State, upon a showing of mitigating
circumstances, may reduce the amount of the penalty described in
subsection (7) of this section.
(9) Except as otherwise provided by this section, civil
penalties under this section shall be imposed as provided in ORS
183.745.
SECTION 10. ORS 260.241 is amended to read:
260.241. (1) Despite delay in the filing of statements relating
to a candidate's nomination required to be filed under ORS
260.057, or in the filing of a certificate described in ORS
260.112 in lieu of a statement required under ORS 260.057, prior
to the nominating election, the candidate's name shall appear on
the general election ballot if those statements or the
certificate is filed before the 61st day before the general
election.
(2) A candidate's name { - shall - } { + may + } not be
placed on the general election ballot if the statements or
certificate referred to in subsection (1) of this section is not
filed before the 61st day before the general election.
(3) If the statements or certificate referred to in subsection
(1) of this section is not filed by the 68th day before the
general election, the filing officer by mail shall notify the
{ + candidate + } { - person required to file the statements
or certificate - } that the candidate's name may not be placed on
the general election ballot. The filing officer shall send the
notice described in this subsection by { - certified - } { +
first class + } mail to the { - individual who is the - }
candidate and { - by first class mail to - } the candidate's
treasurer or the treasurer of the candidate's principal campaign
committee. The filing officer is not required to send two notices
if the candidate serves as the treasurer of the candidate's
principal campaign committee.
SECTION 11. { + ORS 260.735 and 260.737 are repealed. + }
Enrolled House Bill 2433 (HB 2433-A) Page 9
SECTION 12. { + (1) The amendments to ORS 260.038 by section 5
of this 2011 Act apply to an appointment made in the event of the
death, resignation or removal of a treasurer that occurs on or
after the effective date of this 2011 Act.
(2) The amendments to ORS 260.044 by section 6 of this 2011 Act
apply to calendar years beginning on or after the effective date
of this 2011 Act.
(3) The amendments to ORS 260.056 by section 8 of this 2011 Act
apply to written loan agreements for loans that have not been
repaid as of the effective date of this 2011 Act.
(4) The amendments to ORS 260.232 and 260.241 by sections 9 and
10 of this 2011 Act apply to notifications sent on or after the
effective date of this 2011 Act. + }
----------
Passed by House April 12, 2011
Repassed by House June 17, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 15, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2433 (HB 2433-A) Page 10
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2433 (HB 2433-A) Page 11
