As used in this chapter:
(1)(a) “Candidate” means:
(A) An individual whose name is printed on a ballot, for whom a declaration of candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is expected to be or has been presented, with the individual’s consent, for nomination or election to public office;
(B) An individual who has solicited or received and accepted a contribution, made an expenditure, or given consent to an individual, organization, political party or political committee to solicit or receive and accept a contribution or make an expenditure on the individual’s behalf to secure nomination or election to any public office at any time, whether or not the office for which the individual will seek nomination or election is known when the solicitation is made, the contribution is received and retained or the expenditure is made, and whether or not the name of the individual is printed on a ballot; or
(C) A public office holder against whom a recall petition has been completed and filed.
(b) For purposes of this section and ORS 260.035 to 260.156, “candidate” does not include a candidate for the office of precinct committeeperson.
(2) “Committee director” means any person who directly and substantially participates in decision-making on behalf of a political committee concerning the solicitation or expenditure of funds and the support of or opposition to candidates or measures. The officers of a political party shall be considered the directors of any political party committee of that party, unless otherwise provided in the party’s bylaws.
(3)(a) Except as provided in ORS 260.007, “contribute” or “contribution” includes:
(A) The payment, loan, gift, forgiving of indebtedness, or furnishing without equivalent compensation or consideration, of money, services other than personal services for which no compensation is asked or given, supplies, equipment or any other thing of value:
(i) For the purpose of influencing an election for public office or an election on a measure, or of reducing the debt of a candidate for nomination or election to public office or the debt of a political committee; or
(ii) To or on behalf of a candidate, political committee or measure; and
(B) Any unfulfilled pledge, subscription, agreement or promise, whether or not legally enforceable, to make a contribution.
(b) Regarding a contribution made for compensation or consideration of less than equivalent value, only the excess value of it shall be considered a contribution.
(4)(a) “Controlled committee” means a political committee that, in connection with the making of contributions or expenditures:
(A) Is controlled directly or indirectly by a candidate or a controlled committee; or
(B) Acts jointly with a candidate or controlled committee.
(b) For purposes of this subsection, a candidate controls a political committee if:
(A) The candidate, the candidate’s agent, a member of the candidate’s immediate family or any other political committee that the candidate controls has a significant influence on the actions or decisions of the political committee; or
(B) The candidate’s principal campaign committee and the political committee both have the candidate or a member of the candidate’s immediate family as a treasurer or director.
(5) “County clerk” means the county clerk or the county official in charge of elections.
(6) “Elector” means an individual qualified to vote under section 2, Article II of the Oregon Constitution.
(7) Except as provided in ORS 260.007, “expend” or “expenditure” includes the payment or furnishing of money or anything of value or the incurring or repayment of indebtedness or obligation by or on behalf of a candidate, political committee or person in consideration for any services, supplies, equipment or other thing of value performed or furnished for any reason, including support of or opposition to a candidate, political committee or measure, or for reducing the debt of a candidate for nomination or election to public office. “Expenditure” also includes contributions made by a candidate or political committee to or on behalf of any other candidate or political committee.
(8) “Filing officer” means:
(a) The Secretary of State:
(A) Regarding a candidate for public office;
(B) Regarding a statement required to be filed under ORS 260.118;
(C) Regarding any measure; or
(D) Regarding any political committee.
(b) Notwithstanding paragraph (a) of this subsection, in the case of an irrigation district formed under ORS chapter 545:
(A) The county clerk, regarding any candidate for office or any measure at an irrigation district formation election where the proposed district is situated wholly in one county;
(B) The county clerk of the county in which the office of the secretary of the proposed irrigation district will be located, regarding any candidate for office or any measure at an irrigation district formation election where the proposed district is situated in more than one county; or
(C) The secretary of the irrigation district for any election other than an irrigation district formation election.
(9) “Independent expenditure” means an expenditure by a person for a communication in support of or in opposition to a clearly identified candidate or measure that is not made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate, or any political committee or agent of a political committee supporting or opposing a measure. For purposes of this subsection:
(a) A communication is “in support of or in opposition to” a candidate or measure if:
(A) The communication, taken in its context, clearly and unambiguously urges the election or defeat of a clearly identified candidate for nomination or election to public office, or the passage or defeat of a clearly identified measure;
(B) The communication, as a whole, seeks action rather than simply conveying information; and
(C) It is clear what action the communication advocates.
(b) “Agent” means any person who has:
(A) Actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate or on behalf of a political committee supporting or opposing a measure; or
(B) Been placed in a position within the campaign organization where it would reasonably appear that in the ordinary course of campaign-related activities the person may authorize expenditures.
(c) “Clearly identified” means, with respect to candidates:
(A) The name of the candidate involved appears;
(B) A photograph or drawing of the candidate appears; or
(C) The identity of the candidate is apparent by unambiguous reference.
(d) “Clearly identified” means, with respect to measures:
(A) The ballot number of the measure appears;
(B) A description of the measure’s subject or effect appears; or
(C) The identity of the measure is apparent by unambiguous reference.
(e) “Made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate, or any political committee or agent of a political committee supporting or opposing a measure”:
(A) Means any arrangement, coordination or direction by the candidate or the candidate’s agent, or by any political committee or agent of a political committee supporting or opposing a measure, prior to the publication, distribution, display or broadcast of the communication. An expenditure shall be presumed to be so made when it is:
(i) Based on information about the plans, projects or needs of the candidate, or of the political committee supporting or opposing a measure, and provided to the expending person by the candidate or by the candidate’s agent, or by any political committee or agent of a political committee supporting or opposing a measure, with a view toward having an expenditure made; or
(ii) Made by or through any person who is or has been authorized to raise or expend funds, who is or has been an officer of a political committee authorized by the candidate or by a political committee or agent of a political committee supporting or opposing a measure, or who is or has been receiving any form of compensation or reimbursement from the candidate, the candidate’s principal campaign committee or agent or from any political committee or agent of a political committee supporting or opposing a measure; and
(B) Does not include providing to the expending person upon request a copy of this chapter or any rules adopted by the Secretary of State relating to independent expenditures.
(10) “Initiative petition” means a petition to initiate a measure for which a prospective petition has been filed but that is not yet a measure.
(11) “Judge” means judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court.
(12) “Mass mailing” means more than 200 substantially similar pieces of mail, but does not include a form letter or other mail that is sent in response to an unsolicited request, letter or other inquiry.
(13) “Measure” includes any of the following submitted to the people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(14) “Occupation” means:
(a) The nature of an individual’s principal business; and
(b) If the individual is employed by another person, the business name and address, by city and state, of the employer.
(15) “Person” means an individual, corporation, limited liability company, labor organization, association, firm, partnership, joint stock company, club, organization or other combination of individuals having collective capacity.
(16)(a) “Political committee” means a combination of two or more individuals, or a person other than an individual, that has:
(A) Received a contribution for the purpose of supporting or opposing a candidate, measure or political party; or
(B) Made an expenditure for the purpose of supporting or opposing a candidate, measure or political party.
(b) For purposes of paragraph (a)(B) of this subsection, an expenditure does not include:
(A) A contribution to a candidate or political committee that is required to report the contribution on a statement filed under ORS 260.057, 260.076 or 260.102 or a certificate filed under ORS 260.112; or
(B) An independent expenditure for which a statement is required to be filed by a person under ORS 260.044 (1).
(17) “Public office” means any national, state, county, district, city office or position, except a political party office, that is filled by the electors.
(18) “Recall petition” means a petition to recall a public officer for which a prospective petition has been filed but that is not yet a measure.
(19) “Referendum petition” means a petition to refer a measure for which a prospective petition has been filed but that is not yet a measure.
(20) “Regular district election” means the regular district election described in ORS 255.335.
(21) “Slate mailer” means a mass mailing that supports or opposes a total of three or more candidates or measures.
(22)(a) “Slate mailer organization” means, except as provided in paragraph (b) of this subsection, any person who directly or indirectly:
(A) Is involved in the production of one or more slate mailers and exercises control over the selection of the candidates and measures to be supported or opposed in the slate mailers; and
(B) Receives or is promised payment for producing one or more slate mailers or for endorsing or opposing, or refraining from endorsing or opposing, a candidate or measure in one or more slate mailers.
(b) Notwithstanding paragraph (a) of this subsection, “slate mailer organization” does not include:
(A) A political committee organized by a political party; or
(B) A political committee organized by the caucus of either the Senate or the House of Representatives of the Legislative Assembly.
(23) “State office” means the office of Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, Superintendent of Public Instruction, state Senator, state Representative, judge or district attorney. [1971 c.749 §1; 1973 c.744 §1; 1975 c.683 §6; 1977 c.678 §1; 1979 c.190 §339; 1983 c.350 §81; 1983 c.392 §8; 1985 c.808 §52; 1987 c.727 §1; 1989 c.80 §1; 1989 c.503 §41; 1991 c.87 §4; 1991 c.719 §61; 1993 c.18 §44; 1993 c.493 §52; 1993 c.710 §1; 1993 c.797 §30; 1995 c.1 §1; 1995 c.607 §56; 1997 c.249 §77; 1999 c.318 §42; 1999 c.999 §1; 2001 c.82 §11; 2003 c.542 §9; 2005 c.797 §1; 2007 c.809 §§20,21; 2007 c.848 §28]
Section: 260.005 260.007 260.010 260.020 260.025 260.027 260.030 260.035 260.037 260.038 260.039 260.040 260.041 260.042 260.043 NextLast modified: August 7, 2008