ORS 260.118
Treasurer and statement of organization of petition committee
- filing electronic statements of contributions and expenditures
- schedule
- rules
(1)
The chief petitioners of an initiative, referendum or recall petition shall appoint a treasurer. The treasurer shall be an elector of this state. Contributions must be received and expenditures made by or through the treasurer.(2)
The treasurer shall file a statement of organization of a petition committee with the appropriate filing officer. The treasurer shall file the statement not later than the third business day after a chief petitioner or the treasurer receives a contribution or makes an expenditure relating to the initiative, referendum or recall petition. The statement must include:(a)
The name and address of the chief petitioners.(b)
The name and address of the treasurer appointed under subsection (1) of this section.(c)
A designation of the initiative, referendum or recall petition. The designation of the recall petition must include the name of the officer whose recall is demanded.(3)
In addition to the information listed in subsection (2) of this section, the statement of organization must include, or be amended within five business days to include, the name of the financial institution in which the petition account required under ORS 260.054 (Political committee campaign account) is established, the name of the account, the name of the account holder and the names of all individuals who have signature authority for the account. The Secretary of State may not disclose information received by the secretary under this subsection except as necessary for purposes of enforcing the provisions of ORS chapters 246 to 260.(4)
A treasurer may designate an elector of this state to be liable for any civil penalty imposed under ORS 260.232 (Civil penalty for failure to file statement or to include required information). The treasurer shall include the name and address of any elector designated under this subsection in a statement of organization filed under this section.(5)
Except as provided in subsection (3) of this section, if there is a change in the information submitted in a statement of organization under subsections (2) and (3) of this section, the treasurer shall file an amended statement of organization not later than the 10th day after the change in information.(6)
The treasurer of an initiative, referendum or recall petition committee shall use the electronic filing system adopted under ORS 260.057 (Electronic campaign finance filing system) to file with the Secretary of State statements of contributions received and expenditures made by the petition committee, as described in ORS 260.083 (Contents of statements).(7)
The treasurer of an initiative petition committee shall file a statement described in subsection (6) of this section not later than seven calendar days after a contribution is received or an expenditure is made. This subsection applies to contributions received and expenditures made:(a)
During the period beginning on the 42nd calendar day before the date that is four months before a general election and ending on the date that is four months before a general election; and(b)
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 the period beginning on the 42nd calendar day before the date of any general election and ending on the date of the general election.(8)
The treasurer of a referendum petition committee or a recall petition committee shall file a statement described in subsection (6) of this section not later than seven calendar days after a contribution is received or an expenditure is made. This subsection applies:(a)
For a referendum petition committee, to contributions received and expenditures made during the period beginning on the date the treasurer is appointed under subsection (1) of this section and ending on the deadline for submitting signatures for verification; and(b)
For a recall petition committee, to contributions received and expenditures made during the period beginning on the day on which the recall petition is filed under ORS 249.865 (Filing prospective petition) and ending on the deadline for submitting signatures for verification.(9)
Except as provided in subsection (10) of this section, during a period not described in subsection (7) or (8) of this section, a treasurer of an initiative, referendum or recall petition committee shall file a statement described in subsection (6) of this section not later than 30 calendar days after a contribution is received or an expenditure is made.(10)
If a treasurer of an initiative petition committee receives a contribution or makes an expenditure prior to the 42nd calendar day before the date that is four months before a general election, or the 42nd day before the date of the primary election or general election, and the treasurer has not filed a statement of the contribution or expenditure under subsection (6) of this section by the 43rd calendar day before the date that is four months before a general election, or the 43rd day before the date of the primary election or general election, the treasurer shall file a statement described in subsection (6) of this section not later than the 35th calendar day before the date that is four months before a general election, or not later than whichever of the following dates occurs first:(a)
The date required under subsection (9) of this section; or(b)
The 35th day before the date of the primary election or general election.(11)
For an initiative petition committee, the accounting period for the first statement filed under this section begins on the date the treasurer is appointed under subsection (1) of this section.(12)
Each statement required under this section must be signed and certified as true by the treasurer. Signatures must be supplied in the manner specified by the secretary by rule.(13)
Subsections (6) to (12) of this section do not apply to petition committees that file certificates 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).(14)
As used in this section, “contribution” and “expenditure” include a contribution or expenditure to or on behalf of an initiative, referendum or recall petition. [1983 c.71 §6; 1985 c.808 §57; 1987 c.210 §2; 1987 c.727 §8; 1991 c.719 §54; 1993 c.493 §§70,71; 1995 c.607 §57; 1999 c.999 §11; 2001 c.732 §1; 2001 c.965 §56; 2005 c.797 §16; 2005 c.809 §37; 2007 c.848 §13; 2009 c.818 §12; 2013 c.756 §4; 2017 c.517 §3; 2017 c.749 §54; 2018 c.70 §3]
Source:
Section 260.118 — Treasurer and statement of organization of petition committee; filing electronic statements of contributions and expenditures; schedule; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors260.html.
See also annotations under ORS 254.600 in permanent edition.
Notes of Decisions
Under former similar statute
Where local petition signatures were submitted for verification in batches, filing of statement by deadline for submitting signatures was sufficient. Jewett v. Yerkovich, 27 Or App 127, 555 P2d 950 (1976)
In general
Secretary of State did not err in assessing civil penalty under this section for failure to timely file contributions and expenditure statement for initiative campaign that failed to meet local ordinance deadline. Salem Committee v. Secretary of State, 109 Or App 364, 819 P2d 752 (1991)
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