OAR 165-012-0525
Application of ORS 260.266 – Campaign Advertising Disclosures
(1)
The purpose of this rule is to establish guidelines for the implementation of ORS 260.266 (Statement of persons who paid for communication in support of or in opposition to clearly identified candidate), implemented by the Oregon Legislature in 2019.(2)
Definitions:(a)
“de minimis” means having a fair market value of less than $1.00.(b)
“Digital communication” means a communication that is placed or promoted on an internet or digital platform, including but not limited to search engine marketing, display advertisements, video or audio advertisements, native advertising, and sponsorships. For purposes of the preceding sentence, ‘internet or digital platform’ means a public-facing website, internet-enabled application, or other digital application, including but not limited to a social network, ad network, or search engine that displays, or causes to be displayed, digital communications.(c)
“Name” means:(A)
For candidates, the full name of the candidate’s principal campaign committee as the committee is registered in ORESTAR and the committee ID number.(B)
For political action committees and petition committees, the full name of the committee as the committee is registered in ORESTAR and the committee ID number.(C)
For organizations, the full name by which the organization is registered with the Oregon Secretary of State’s Office, Corporations Division, or comparable agency in the applicable state. If the organization does business under a different name, as reflected in the organization’s website or social media, then that name shall be included in the disclosure.(D)
For groups of individuals or other entities not set out in sections 2(c)(A) through (C) above, the name the group or entity most often uses in conjunction with their website or social media accounts, or used in conjunction with their financial records or other official business documentation.(d)
“Payment” means “expenditure” as defined and treated under Oregon election law.(e)
“Wearable merchandise” includes but is not limited to any form of clothing, hats, gloves, scarves, masks and other face coverings.(3)
Excluded items:(a)
Subject to section (3)(b) below, an item is “too small” to feasibly include the identifying information required by ORS 260.266 (Statement of persons who paid for communication in support of or in opposition to clearly identified candidate) if the required information cannot be printed, engraved, or otherwise included on the item using the standards set out in this rule relating to readability.(b)
The following are not considered too small to include the information required by ORS 260.266 (Statement of persons who paid for communication in support of or in opposition to clearly identified candidate) and this rule: any communication, distributed in print or other format, such as by social media, television advertisements, and printed advertisements in a newspaper or other publication.(4)
Printed or digital statement(s) required by ORS 260.266 (Statement of persons who paid for communication in support of or in opposition to clearly identified candidate) must be easy for an average person to read, if the communication appears in a print or digital format, and shall incorporate the following:(a)
The format of the statement shall be in sentence form, and include information required by statute and rule. The statement shall read: “Paid for by:”, followed by the required information. If the names of contributors or donors are required, that statement shall immediately follow the statement about who paid for the advertisement, and read: “The top 5 ontributors are:” or “The top 5 donors are:”, whichever is applicable, followed by the required information.(b)
The font style of the statement shall be one that is generally recognizable and discernable. Fonts that can be read by software applications only if the particular font has been purchased by the reader are not acceptable.(c)
The font size shall be no smaller than 10 point font. 12-point font on printed material measuring no more than 24 inches by 36 inches is the best way to meet this requirement. The font size for a digital statement shall be in letters at least as large as the majority of text in the communication.(d)
The color of the font must have a reasonable degree of color contrast between the background and the printed statement. Black text on a white background is the best way to satisfy this requirement for printed material.(5)
Audio statements required by ORS 260.266 (Statement of persons who paid for communication in support of or in opposition to clearly identified candidate) must be clearly audible to the average person and shall incorporate the following:(a)
The format of the statement shall be in sentence form, and include information required by statute and rule. The statement shall state: “Paid for by:”, followed by the required information. If the names of contributors or donors are required, that statement shall immediately follow the statement about who paid for the advertisement and state: “The Top 5 contributors are:” or “The top 5 donors are:”, whichever is applicable, followed by the required information.(c)
The statement should be in a volume and cadence sufficient for a reasonable person to hear and understand it. The volume of the disclosure can be evaluated in relation to the rest of the message.(7)
For purposes of assessing civil penalties in connection with violations of ORS 260.266 (Statement of persons who paid for communication in support of or in opposition to clearly identified candidate) and this administrative rule, the person who paid for the communication shall be financially responsible for those civil penalties. If more than one person paid for the communication, all of those people shall be held jointly and severally responsible for those civil penalties.(a)
If civil penalties are assessed for violation(s) of ORS 260.266 (Statement of persons who paid for communication in support of or in opposition to clearly identified candidate), the following mitigating circumstances will be considered:(A)
The violation is a direct result of a valid personal emergency of the candidate, treasurer, independent expenditure filer, or other individual responsible for making the required disclosure(s). A valid personal emergency is an emergency, such as a serious personal illness or death in the immediate family of the candidate, treasurer, independent expenditure filer or other responsible individual which caused the violation to occur. A valid personal emergency does not include a common cold or flu, or a long-term illness where other arrangements could have been made. In this case, independent written verification must be provided;(B)
The violation is the direct result of an error by the Secretary of State’s Office, Elections Division;(C)
The violation is the direct result of fire, flood, utility failure or other calamitous event, resulting in physical destruction of, or inaccessibility to, campaign finance records. “Calamitous event” means a phenomenon of an exceptional character, the effects of which could not have been reasonably prevented or avoided by the exercise of due care or foresight;(D)
The violation is the direct result of failure of a professional delivery service to deliver documents in the time guaranteed for delivery by written receipt of the service provider. This does not include delivery by fax; and(E)
The violation is the direct result of the failure of a person charged with or hired to produce the communication.(b)
The burden is on the person alleged to have committed the election law violation to show that a mitigating circumstance exists and caused the election law violation.(c)
Form SEL 852 (attached) is the form to be used to request an in-person or telephone hearing, or submit notarized testimony, to contest violations of ORS 260.266 (Statement of persons who paid for communication in support of or in opposition to clearly identified candidate).(8)
A committee or independent expenditure filer previously exempt from the requirements set forth in ORS 260.266 (Statement of persons who paid for communication in support of or in opposition to clearly identified candidate) and this rule must include the appropriate disclosure on any communication made after exceeding the applicable contribution or expenditure threshold.
Source:
Rule 165-012-0525 — Application of ORS 260.266 – Campaign Advertising Disclosures, https://secure.sos.state.or.us/oard/view.action?ruleNumber=165-012-0525.