Exclusions from definitions of “contribution” and “expenditure”
(1)Any written news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine or other regularly published publication, unless a political committee owns the facility.
(2)An individual’s use of the individual’s own personal residence, including a community room associated with the individual’s residence, to conduct a reception for a candidate or political committee and the individual’s cost of invitations, food and beverages provided at the reception.
(3)A vendor’s sale of food and beverages for use in a candidate’s or political committee’s campaign at a charge less than the normal comparable charge, if the charge is at least equal to the cost of the food or beverages to the vendor.
(4)Any unreimbursed payment for travel expenses an individual, including a candidate, makes on behalf of a candidate or political committee.
(5)Any loan of money made by a financial institution as defined in ORS 706.008 (Additional definitions for Bank Act), other than any overdraft made with respect to a checking or savings account, if the loan bears the usual and customary interest rate for the category of loan involved, is made on a basis that ensures repayment, is evidenced by a written instrument and is subject to a due date or amortization schedule. However, each indorser or guarantor of the loan shall be considered to have contributed that portion of the total amount of the loan for which that person agreed to be liable in a written agreement, except if the indorser or guarantor is the candidate’s spouse.
(6)Nonpartisan activity designed to encourage individuals to vote or to register to vote, including but not limited to activity that is allowed for a not-for-profit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code.
(7)Any communication a membership organization or corporation makes to its members, shareholders or employees if the membership organization or corporation is not organized primarily for the purpose of influencing an election.
(8)The payment of compensation for legal and accounting services rendered to a candidate or political committee if the person paying for the services is the regular employer of the individual rendering the services and the services are solely for the purpose of ensuring compliance with the provisions of this chapter.
(9)The payment by a state or local committee of a political party of the costs of preparation, display or mailing or other distribution incurred by the committee with respect to a printed slate card or sample ballot, or other printed listing, of three or more candidates for any public office for which an election is held in this state. This subsection does not apply to costs incurred by the committee with respect to a display of any such listing made on broadcasting stations or in newspapers, magazines or similar types of general public political advertising.
(10)A candidate debate or forum for a state office, or a communication publicizing a candidate debate or forum for a state office, when all major political party candidates for the state office have been invited to participate in the candidate debate or forum.
(11)The following nonpartisan communications that refer to a candidate or political party within 30 calendar days before a primary election or 60 calendar days before a general election:
(a)The publication of a nonpartisan voters’ guide that:
(A)Is permitted to be published by a not-for-profit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code; or
(B)With respect to each state office referenced in the voters’ guide:
(i)Includes information from all major political party candidates for the state office referenced; or
(ii)Offers all major political party candidates for the state office referenced a reasonable opportunity to be included in the voters’ guide.
(b)A commercial communication that depicts a candidate’s name, image, likeness or voice only in the candidate’s capacity as owner, operator or employee of a business that existed prior to the candidate’s declaration of candidacy.
(c)Official publications produced or distributed by public employees while on the job during working hours.
(d)A communication by a labor union, membership organization or corporation to its members, stockholders or executive or administrative personnel.
(e)Any other nonpartisan communication identified by the Secretary of State by rule. [1995 c.1 §2; 1997 c.631 §429; 1999 c.999 §2; 2005 c.797 §2; 2007 c.71 §79; 2017 c.419 §2]
Notes of Decisions
Disclosure requirements, specifically with respect to third parties, do not infringe on right to associate for political purposes and are constitutional. Oregon Socialist Workers v. Paulus, 432 F Supp 1255 (1977)
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)