False publication relating to candidate or measure
- civil action
- damages
- other remedies
- limitation on action
Source:
Section 260.532 — False publication relating to candidate or measure; civil action; damages; other remedies; limitation on action, https://www.oregonlegislature.gov/bills_laws/ors/ors260.html.
Notes of Decisions
Statements are not false as that word is used in the Corrupt Practices Act if any reasonable inference that can be drawn from the statement is either a correct inference of fact or a matter of opinion. Eustace v. Speckhart, 14 Or App 485, 514 P2d 25 (1973)
Ambiguous statement that allows erroneous inference to be drawn is not violation of Corrupt Practices Act. Committee to Retain Judge Tanzer v. Lee, 270 Or 215, 527 P2d 247 (1974)
If reasonable inference of opinion or correct fact can be drawn, statement is not false even though erroneous inference could also be drawn from it. Sumner v. Bennett, 45 Or App 275, 608 P2d 566 (1980)
Challenges to primary elections brought under this section must be dismissed unless trial and appellate courts have rendered final determination at least 30 days prior to general election. Koch v. Makinson, 52 Or App 155, 628 P2d 397 (1981)
Since this section provides unitary remedy, where no judgment was rendered depriving defendant of nomination, no severable cause of action for damages existed. Koch v. Makinson, 52 Or App 155, 628 P2d 397 (1981)
Under this section, even assuming false statement of material fact did not supply ground to set aside election. Stork v. Columbia River PUD, 58 Or App 51, 646 P2d 1372 (1982), Sup Ct review denied
Where political committee’s purpose is essentially identical to candidate’s purpose, committee is aggrieved party under this section and may bring action for false statement about candidate. Committee of 1000 v. Eivers, 296 Or 195, 674 P2d 1159 (1983)
Statements are not “false” within meaning of this section if any reasonable inference can be drawn from the evidence that statement is factually correct or that statement is merely an expression of opinion; statement that state senator “introduced legislation to add a new statewide property tax” is true in one sense and false in another where senator sponsored resolution that would have been initial step in establishing statewide property tax had certain sequence of events occurred. Committee of 1000 v. Eivers, 296 Or 195, 674 P2d 1159 (1983)
Trial court did not err when it imposed joint and several individual liability on officers and directors of unincorporated association organized pursuant to ORS chapter 260 as a political committee. Leslie v. Bendl, 92 Or App 519, 759 P2d 301 (1988), Sup Ct review denied
False statement is material if statement could or would significantly influence reader’s decision-making process. Bryant v. Recall for Lowell’s Future Committee, 286 Or App 691, 400 P3d 980 (2017)
Attorney General Opinions
Court authority to determine that candidate for legislature shall be deprived of election, (1979) Vol 39, p 567
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