2019 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 260 - Campaign Finance Regulation; Election Offenses
Section 260.266 - Statement of persons who paid for communication in support of or in opposition to clearly identified candidate; requirements; rules.
(1) Except as otherwise provided by a local provision, a communication in support of or in opposition to a clearly identified candidate must state the name of the persons that paid for the communication.
(2) For the purpose of complying with subsection (1) of this section:
(a) Except as provided in paragraph (b) of this subsection, a communication in support of or in opposition to a clearly identified candidate by a political committee or petition committee must state:
(A) The name of the political committee or petition committee; and
(B) The names of the five persons that have made the largest aggregate contributions of $10,000 or more to the committee in the election cycle in which the communication is made.
(b) A communication in support of or in opposition to a clearly identified candidate by an individual, a for-profit business entity or a candidate or the principal campaign committee of a candidate must state the name of the individual, for-profit business entity or candidate.
(c)(A) A communication in support of or in opposition to a clearly identified candidate by a person not described in paragraph (a) or (b) of this subsection must state:
(i) The name of the person; and
(ii) Except as provided in subparagraph (B) of this paragraph, the names of the five persons that have made the largest aggregate donations of $10,000 or more to the person in the election cycle in which the communication is made.
(B) In identifying persons that have made aggregate donations of $10,000 or more, a person described in this paragraph may exclude:
(i) Donations received from an affiliated charitable organization that is tax exempt under section 501(c)(3) of the Internal Revenue Code; and
(ii) Donations and grants received from foundations and other persons that may not be used to make a communication in support of or in opposition to a clearly identified candidate.
(d) Notwithstanding paragraphs (a) to (c) of this subsection, a digital communication may state only the name of the person that made the communication if the digital communication includes an active link to a website that prominently displays the additional information required by this subsection.
(3) A person that makes communications in support of or in opposition to a clearly identified candidate must consider an anonymous donation of $1,000 or more from a single person to be a donation that may not be used to make a communication in support of or in opposition to a clearly identified candidate.
(4)(a) If a person is required to disclose the names of five persons under subsection (2)(a)(B) or (c)(A)(ii) of this section and more than five persons qualify as having made the largest aggregate contributions or donations, the person shall disclose the five applicable persons whose contributions or donations were made closest to the date of initial printing or transmission of the communication.
(b) Except as provided in paragraph (c) of this subsection, the five persons required to be named under subsection (2)(a)(B) or (c)(A)(ii) of this section must be accurate as of 10 days before the most recent payment to print or transmit the communication.
(c) A person that both makes multiple digital communications in support of or in opposition to a clearly identified candidate and uses the method described in subsection (2)(d) of this section to meet the identification requirements of subsection (2)(a)(B) or (c)(A)(ii) of this section, may use one active link to the same website for all digital communications made by the person, provided that the information on the website is accurate as of 10 days before the most recent payment to print or transmit a communication.
(5) This section does not apply to:
(a) Candidates for federal office.
(b) Candidates other than those described in paragraph (a) of this subsection who are not required to use the electronic filing system adopted under ORS 260.057 to file statements of contributions received or expenditures made.
(c) Petition committees that are not required to use the electronic filing system adopted under ORS 260.057 to file statements of contributions received or expenditures made.
(d) Political committees that are not required to use the electronic filing system adopted under ORS 260.057 to file statements of contributions received or expenditures made.
(e) A person that makes independent expenditures and that is exempt under ORS 260.044 from being required to file statements of independent expenditures using the electronic filing system adopted under ORS 260.057.
(f) A communication that is excluded from the definition of "expenditure" under ORS 260.007.
(g) Items of de minimis value relating to a candidate, including but not limited to:
(A) Lawn signs, pins, pens and other similar items;
(B) Skywriting; or
(C) Wearable merchandise.
(h) Any other item that the Secretary of State by rule determines is too small to feasibly include the identifying information required by this section.
(6) The Secretary of State by rule shall prescribe the form of statements required on communications described in this section. Rules adopted under this subsection must ensure that the information required to be included in communications under this section is:
(a) In a font, size and color that are easy for an average person to read, if the communication appears in a print or digital format; and
(b) Clearly audible to the average person, if the communication appears in an audio format.
(7) As used in this section:
(a) "Clearly identified" has the meaning given that term in ORS 260.005 (10)(b).
(b)(A) Except as provided in subparagraph (B) of this paragraph, "communication in support of or in opposition to a clearly identified candidate" means:
(i)(I) The communication, when taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy for the election or defeat of a clearly identified candidate for nomination or election to public office; and
(II) The electoral portion of the communication is unmistakable, unambiguous and suggestive of only one meaning; or
(ii)(I) The communication involves aggregate expenditures by a person of more than the amount provided in ORS 260.044 (1);
(II) The communication refers to a clearly identified candidate who will appear on the ballot; and
(III) The communication is printed or transmitted to the relevant electorate within the time frame provided in ORS 260.005 (10)(c)(B)(iii).
(B)(i) "Communication in support of or in opposition to a clearly identified candidate" includes but is not limited to communications distributed via print, telephone, radio, television or the Internet.
(ii) "Communication in support of or in opposition to a clearly identified candidate" does not include newspaper editorials, printed advertisements with a fair market value of less than $500 or communications made via telephone that have a fair market value of less than $500.
(c)(A) "Donation" means the gift or transfer of moneys or any other item of value to a person subject to subsection (2)(c)(A) of this section, including any membership fees, dues or assessments.
(B) "Donation" does not include moneys or any other item of value received by a person subject to subsection (2)(c)(A) of this section in the ordinary course of a trade or business conducted by the person.
(d) "Election cycle" means the period of time starting on the day after the date of a general election and ending on the date of the next general election.
(e) "Local provision" means a charter provision, ordinance, resolution or other provision adopted by a city, county or other local government. [2019 c.636 §2]
Note: 260.266 becomes operative December 3, 2020. See section 5, chapter 636, Oregon Laws 2019.
