Campaign finance requirements for Oregon ballot measures
From Ballotpedia
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If anyone feels that someone violated Oregon Campaign Finance law, the first step is to file a complaint with the Oregon Secretary of State. Once the Secretary of State receives a complaint, then the complaint is referred to the Oregon Attorney General for further prosecution[1].
Campaign finance requirements
Assigning a Treasurer
A chief petitioner must designate a treasurer on the Statement of Organization. The treasurer must be a registered voter in Oregon. Only a designated treasurer or chief petitioner may sign and file the Statement of Organization[2].
The treasurer is legally responsible for all of the following:
- filing and amending Statements of Organization
- filing accurate and timely contribution and expenditure transactions
- signing all statements of organization and transaction filings (signatures filed using ORESTAR are accepted electronically)
- keeping detailed financial records current to within 7 days after the date of receiving a contribution or making an expenditure
- preserving records for at least two years following the election to which the documents refer or the date of filing of the last transaction, whichever is later[3].
Political committee
All groups in support or opposition of a ballot measure in the State of Oregon is considered to be a political committee[4].
Statement of Organization
Chief petitioners sponsoring an initiative or referendum petition and Chief petitioners sponsoring a recall petition must file a Statement of Organization. When proposing an initiative in Oregon, the chief petitioners are required to register their committee and disclose their finances with the state Elections Division. The registration must occur within 3 business days of first receiving a contribution or making an expenditure, but no later than the date the petition is approved for circulation. All recall petitioners must register when filing the prospective recall petition[5].
Campaign finance requirements
Anonymous Contributions
Committees can not accept an anonymous contribution. If a committee cannot identify a contributor, the contribution must be donated to an organization that can accept anonymous contributions.
Campaign account requirement
In Oregon, each group in support or opposition of a ballot question must have a seperate depository account with a bank or credit union in Oregon. Under the law, the full committee name must be used as the bank account name. Each contribution received by a committee must be deposited into the committee’s campaign account not later than seven days after the date the contribution is received[6].
Contributions
Under Oregon law, contributions are defined as 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 for the purpose of influencing the out come of a ballot measure[7].
A contribution is also any unfulfilled pledge, subscription, agreement or promise, whether or not legally enforceable.
Contribution limits
Under Oregon law, there are no contribution limits on donations to groups in support or opposition of a ballot measure[8].
Expenditures
All expenditures made by a committee must be drawn from the campaign account and either issued on a check signed by the candidate or treasurer of the committee, or by any other individual designated as a signer on the account, or paid using a debit card or other form of electronic transmission. This does not prohibit a person from making an expenditure on behalf of the committee and receiving reimbursement from the campaign account[9].
Loans
Loans received from entities other than a financial institution (including personal loans from individuals)are non-exempt loans. A non-exempt loan is a contribution until the loan is repaid in full. The terms of the loan, including the interest rate and repayment schedule, must be disclosed[10].
Reporting requirements and reports
Mandatory Electronic reporting
Oregon law requires electronic filing of all campaign finance activity for groups in support or opposition of a ballot measure[11].
Real-time reporting
Oregon is different from other states as transactions must be reported on a continuous basis with every transaction having its own filing deadline. Transactions filed online with ORESTAR will automatically calculate transaction due dates. A transaction is due not later than 12 midnight on the day of the deadline to file a transaction. ORESTAR eliminates the need for separate paper campaign finance reporting forms.
In a odd numbered year, a transaction is due no later than 30 calendar days after the date of the transaction[12] while in a even-numbered year a transaction is due not later than 12 midnight seven days after the transaction’s occurrence during three specific time frames:
- the 42nd day before the date of the primary election and ending on the date of the primary election
- the 42nd day before the date that is four months prior to the general election and ending on the date four months before the general election
- the 42nd day before the date of the general election and ending on the date of the general election[13].
Otherwise, a transaction is due not later than 30 days after its occurrence[14].
Terminating a committee
A committee may discontinue its registration and cease its reporting obligations if the committee no longer intends to receive contributions or make expenditures and there is a zero balance is achieved by having no cash on hand and no outstanding debts or obligations
A committee can report a zero balance by disclosing all debts (loans, personal expenditures and accounts payable) as being repaid or forgiven. A balance in the committee’s account may be depleted by any legal means. A donation to a charitable organization or a contribution to another committee are both acceptable expenditures. All transactions bringing the committee to a zero balance must be reported[15].
Campaign advertising restrictions
There are no laws in Oregon restricting campaign advertising or calling for disclaimers on campaign advertising.
External links
- Oregon Elections Division--Campaign Finance
- Oregon Campaign Finance Manual
- Search Oregon Campaign Finance Database for before January 2007
- Search Oregon Campaign Finance Database for after January 2007
See also
- Laws governing the initiative process in Oregon
- Procedures for qualifying an initiative in Oregon
- List of Oregon ballot measures
- Oregon signature requirements
References
- ↑ "Oregon Legislature" Oregon Campaign Finance Law(Referenced Statute 260.345)
- ↑ "Oregon Legislature" Oregon Campaign Finance Law(Referenced Section 260.035)
- ↑ "Oregon Legislature" Oregon Campaign Finance Law(Referenced Section 260.055)
- ↑ "Oregon Legislature" Oregon Campaign Finance Law(Referenced Statute 260.005 (16)(a))
- ↑ "Oregon Legislature" Oregon Campaign Finance Law(Referenced Statute 260.035 Oregon Revised Statutes)
- ↑ "Oregon Legislature" Oregon Campaign Finance Law(Referenced Section 260.054))
- ↑ "Oregon Legislature" Oregon Campaign Finance Law(Referenced Section 260.007(3)(A))
- ↑ "NCSL" National Conference of State Legislatures" Contribution Limits: An Overview, April 20, 2009
- ↑ "Oregon Legislature" Oregon Campaign Finance Law(Referenced Statute 260.054(2-5)
- ↑ http://www.leg.state.or.us/ors/260.html "Oregon Legislature" Oregon Campaign Finance Law](Referenced Statute 260.005(3a))
- ↑ "Oregon Legislature" Oregon Campaign Finance Law(Referenced Statute 260.057)
- ↑ "Oregon Legislature" Oregon Campaign Finance Law(Referenced Statute 260.118(7))
- ↑ "Oregon Legislature" Oregon Campaign Finance Law(Referenced Statute 260.118(5)(a))
- ↑ "Oregon Legislature" Oregon Campaign Finance Law(Referenced Statute 260.118(7))
- ↑ "Oregon Legislature" Oregon Campaign Finance Law(Referenced Statute 260.046)
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