ORS 260.044
Statement of independent expenditures

  • when person considered political committee or principal campaign committee
  • electronic filing
  • time frames
  • rules

(1)

If a person makes independent expenditures in a total amount of more than $250 in a calendar year, the person shall use the electronic filing system adopted under ORS 260.057 (Electronic campaign finance filing system) to file with the Secretary of State a statement of independent expenditures not later than seven calendar days after the total amount of independent expenditures exceeds $250 in a calendar year.

(2)

A person who files a statement of independent expenditures under subsection (1) of this section shall use the electronic filing system adopted under ORS 260.057 (Electronic campaign finance filing system) to file with the secretary additional statements of independent expenditures made by the person, as described in ORS 260.083 (Contents of statements).

(3)

Except as provided in subsections (4) and (5) of this section, a person shall file a statement described in subsection (2) of this section not later than 30 calendar days after an independent expenditure is made.

(4)

Intentionally left blank —Ed.

(a)

A person shall file a statement described in subsection (2) of this section not later than seven calendar days after an independent expenditure is made. This paragraph applies to independent expenditures made:

(A)

During the period beginning on the 42nd calendar day before the date of any primary election and ending on the date of the primary election; and

(B)

During the period beginning on the 42nd calendar day before the date of any general election and ending on the date of the general election.

(b)

If the person makes an independent expenditure prior to the 42nd calendar day before the date of the primary or general election and the person has not filed a statement under subsection (3) of this section by the 43rd calendar day before the date of the primary or general election, the person shall file a statement described in subsection (2) of this section not later than whichever of the following dates occurs first:

(A)

The date required under subsection (3) of this section; or

(B)

The 35th calendar day before the date of the primary or general election.

(5)

For any special election, the secretary by rule may establish a period during which a person must file a statement described in subsection (2) of this section. The period may not extend beyond seven calendar days after an independent expenditure is made.

(6)

Notwithstanding ORS 260.005 (Definitions) (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 (Content of statement of organization of political committee) and the statements required by ORS 260.057 (Electronic campaign finance filing system), 260.076 (Statements of contributions received during session of Legislative Assembly) or 260.078 (Reporting contributions and expenditures not previously reported).

(7)

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 (Electronic campaign finance filing system), 260.076 (Statements of contributions received during session of Legislative Assembly) or 260.078 (Reporting contributions and expenditures not previously reported) or a certificate filed under ORS 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);

(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 (Exemptions for candidate who expects neither contributions nor expenditures to exceed $750 or $3,500); and

(c)

A person is not a political committee under subsection (6) 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 (Electronic campaign finance filing system), 260.076 (Statements of contributions received during session of Legislative Assembly) or 260.078 (Reporting contributions and expenditures not previously reported) or a certificate filed under ORS 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). [Formerly 260.158; 1981 c.234 §8; 1981 c.303 §1; 1985 c.808 §54; 1987 c.267 §57; 1987 c.727 §2; 1993 c.493 §§56,57; 1995 c.712 §73; 1999 c.999 §8; 2001 c.82 §3; 2003 c.542 §10; 2005 c.797 §7; 2005 c.809 §§26,28a; 2009 c.818 §6; 2011 c.652 §6; 2013 c.756 §1; 2013 c.758 §3; 2018 c.70 §2; 2019 c.637 §8]

Source: Section 260.044 — Statement of independent expenditures; when person considered political committee or principal campaign committee; electronic filing; time frames; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors260.­html.

Notes of Decisions

Person must file report of expenditures for publication in support of or opposition to candidate if: 1) message, in context, clearly and unambiguously urges election or defeat of candidate; 2) message, as whole, seeks action as opposed to giving information; and 3) action advocated by message is clear. State ex rel Crumpton v. Keisling, 160 Or App 406, 982 P2d 3 (1999), Sup Ct review denied

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
Green check means up to date. Up to date

Current through early 2024

§ 260.044’s source at oregon​.gov