Campaign Finance Regulation

ORS 260.715
Prohibited conduct


(1)

A person may not knowingly make a false statement, oath or affidavit when a statement, oath or affidavit is required under the election laws.

(2)

A person may not request a ballot in a name other than the person’s own name.

(3)

A person may not vote or attempt to vote more than once at any election held on the same date.

(4)

A person may not vote or attempt to vote both in an election held in this state and in another state on the same date.

(5)

A person, except an elections official in performance of duties, may not willfully alter or destroy a ballot cast at an election or the returns of an election.

(6)

A person may not willfully place a fraudulent ballot among the genuine ballots.

(7)

A person may not falsely write anything purporting to be written by an elections official in performance of duties on the ballot.

(8)

A person may not commit theft of a ballot or tally or return sheet, or willfully hinder or delay the delivery of the tally or return sheet to the county clerk, or fraudulently break open a sealed tally or return sheet of the election.

(9)

(a) A person may not:

(A)

Manufacture or knowingly use a fraudulent ballot return identification envelope or secrecy envelope; or

(B)

Sell, make an offer with the actual intent to sell, purchase or make an offer with the actual intent to purchase, for money or other valuable consideration, any official ballot, replacement ballot, ballot return identification envelope or secrecy envelope.

(b)

As used in this subsection, “ballot return identification envelope” and “secrecy envelope” mean those envelopes used to return ballots to the county clerk. [1979 c.190 §392; 1999 c.318 §45; 2005 c.797 §58; 2007 c.154 §57; 2007 c.155 §10; 2017 c.749 §41]

Notes of Decisions

When defendant chose to file candidate's statement for Voter's Pamphlet pursuant to ORS 251.085, its substance was circumscribed by law and statements regarding his educational background were "required under the election laws" within the meaning of this section. State v. Huntley, 82 Or App 350, 728 P2d 868 (1986), Sup Ct review denied

When statement is certified as true, statutory prohibition against making false statement is contemporary variant of perjury and is not unconstitutional under Article I, section 8 of the Oregon Constitution. State v. Huntley, 82 Or App 350, 728 P2d 868 (1986), Sup Ct review denied

It is not grant of unequal privileges or immunities under Article I, section 20 of the Oregon Constitution that prosecutor may choose between charging unsworn falsification (ORS 162.085) and making false statements under this section. State v. Huntley, 82 Or App 350, 728 P2d 868 (1986), Sup Ct review denied

Where defendant posted on online forum advertisement stating defendant would give another person $20 if person brought ballot to defendant and allowed defendant to complete ballot, then person would sign ballot and defendant would submit ballot, defendant's post was "offer to purchase" as that phrase is used in subsection (9) of this section even though defendant meant post as joke and did not intend to follow through with offer. State v. Hirschman, 279 Or App 338, 379 P3d 616 (2016)

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