ORS 260.537
False publication intended to mislead electors
- civil action
- penalties
(1)
A person may not cause to be written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, any letter, circular, bill, placard, poster, photograph or other publication, or cause any advertisement to be placed in a publication, or singly or with others pay for any advertisement or circulate an advertisement by electronic or telephonic means, with knowledge or with reckless disregard that the letter, circular, bill, placard, poster, photograph, publication or advertisement contains a false statement of material fact that is intended to mislead electors regarding:(a)
The date of the election;(b)
The deadline for depositing a ballot in order for the ballot to be tallied;(c)
The voter registration deadline;(d)
The methods by which an elector may register to vote;(e)
The locations at which an elector may deposit a ballot in order for the ballot to be tallied;(f)
The qualifications an individual must meet to be eligible to vote in an election; or(g)
An elector’s voter registration status.(2)
As used in subsection (1) of this section, “cause” does not include the broadcast of an advertisement by a radio or television station or cable television company unless the advertisement is created by the owner, licensee or operator of the station or company.(3)
This section applies only to a letter, circular, bill, placard, poster, photograph, publication or advertisement that is written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, within:(a)
30 calendar days before a primary election or special election; or(b)
60 calendar days before a general election.(4)
The Secretary of State may institute proceedings to enjoin any violation of this section, except that in the case of a violation by the Secretary of State or a candidate for the office of the Secretary of State, the Attorney General may institute proceedings to enjoin any violation of this section. In any action brought under this section, the circuit court may at any time enter such injunctions, prohibitions or restraining orders, or take any other actions as the court may deem proper. A restraining order, prohibition or injunction may be issued under this section without proof of injury or damage to any person. The circuit court shall give priority to the hearing and determination under this section. The court shall award the prevailing party reasonable attorney fees at trial and on appeal.(5)
Upon proof of any violation of this section, the court shall impose a civil penalty of not more than $10,000. All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund.(6)
The remedy provided by this section is the exclusive remedy for a violation of this section. [2021 c.291 §2]
Source:
Section 260.537 — False publication intended to mislead electors; civil action; penalties, https://www.oregonlegislature.gov/bills_laws/ors/ors260.html.
Up to date