Campaign Finance Regulation

ORS 260.232
Civil penalty for failure to file statement or to include required information

  • notice


(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 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 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), 260.112 (Filing of certificate by candidate or treasurer of political committee or petition committee who expects neither contributions nor expenditures to exceed $3,500) or 260.118 (Treasurer and statement of organization of petition committee).

(b)

Failure to include in a statement filed under ORS 260.044 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 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), 260.112 (Filing of certificate by candidate or treasurer of political committee or petition committee who expects neither contributions nor expenditures to exceed $3,500) or 260.118 (Treasurer and statement of organization of petition committee) the information required under ORS 260.044 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 260.076 (Statements of contributions received during session of Legislative Assembly), 260.083 (Contents of statements) or 260.118 (Treasurer and statement of organization of petition committee).

(2)

(a) If a person required to file has not filed a statement or certificate complying with applicable provisions of ORS 260.044 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 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), 260.112 (Filing of certificate by candidate or treasurer of political committee or petition committee who expects neither contributions nor expenditures to exceed $3,500) or 260.118 (Treasurer and statement of organization of petition committee) within the time specified in ORS 260.044 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 260.076 (Statements of contributions received during session of Legislative Assembly), 260.078 (Reporting contributions and expenditures not previously reported) or 260.118 (Treasurer and statement of organization of petition committee), the Secretary of State by first class mail or electronically shall notify the person or elector designated under ORS 260.042 (Content of statement of organization of political committee) or 260.118 (Treasurer and statement of organization of petition committee) 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 first class mail or electronically to the candidate. The notice shall be used for purposes of determining the deadline for requesting a hearing under subsection (3) of this section.

(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 from the service date on 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 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 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 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), 260.112 (Filing of certificate by candidate or treasurer of political committee or petition committee who expects neither contributions nor expenditures to exceed $3,500) or 260.118 (Treasurer and statement of organization of petition committee), 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 260.044 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 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), 260.112 (Filing of certificate by candidate or treasurer of political committee or petition committee who expects neither contributions nor expenditures to exceed $3,500) or 260.118 (Treasurer and statement of organization of petition committee) the information required under ORS 260.044 (Statement of independent expenditures), 260.057 (Electronic campaign finance filing system), 260.076 (Statements of contributions received during session of Legislative Assembly), 260.083 (Contents of statements) or 260.118 (Treasurer and statement of organization of petition committee), 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 (Civil penalty procedures). [1979 c.190 §360; 1979 c.519 §34a; 1981 c.234 §13; 1983 c.71 §8; 1985 c.471 §14; 1991 c.319 §1; 1991 c.719 §30; 1991 c.734 §118; 1993 c.493 §77; 1993 c.743 §24; 1999 c.999 §17; 2001 c.82 §8; 2003 c.542 §19; 2005 c.797 §17; 2005 c.809 §41; 2009 c.818 §15; 2011 c.652 §9; 2013 c.756 §5; 2013 c.758 §11; 2017 c.517 §4; 2017 c.749 §38]

Notes of Decisions

Discretion to impose fine for filing violations is not limited to cases of willful or intentional violation. United Telephone Employees PAC v. Secretary of State, 138 Or App 135, 906 P2d 306 (1995)

§§ 260.005 to 260.255

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)

Chapter 260

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)


Source

Last accessed
Jun. 26, 2021