2019 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 260 - Campaign Finance Regulation; Election Offenses
Section 260.285 - Civil penalty for failure to file donor identification list or to include required information; notice; rules.
(1) The Secretary of State may impose a civil penalty as provided in this section, in addition to any other penalty that may be imposed, for failing to:
(a) Timely file an initial donor identification list required to be filed under ORS 260.281;
(b) Timely file an updated donor identification list required to be filed under ORS 260.281; or
(c) Include all donors or amounts donated that are required to be included in an initial donor identification list or an updated donor identification list that is required to be filed under ORS 260.281.
(2)(a) For each failure to timely file an initial donor identification list that is required to be filed under ORS 260.281 for exceeding the electioneering threshold for a legislative race, the Secretary of State may impose a civil penalty not to exceed the lesser of:
(A) 10 percent per day of the total cost for political communications made by the covered organization for the applicable legislative race; or
(B) 150 percent of the total cost for political communications made by the covered organization for the applicable legislative race.
(b) For each failure to timely file an initial donor identification list that is required to be filed under ORS 260.281 for exceeding the electioneering threshold for a measure, the Secretary of State may impose a civil penalty not to exceed the lesser of:
(A) 10 percent per day of the total cost for political communications made by the covered organization for the applicable measure; or
(B) 150 percent of the total cost for political communications made by the covered organization for the applicable measure.
(c) For each failure to timely file an initial donor identification list that is required to be filed under ORS 260.281 for exceeding the electioneering threshold for a political committee, the Secretary of State may impose a civil penalty not to exceed the lesser of:
(A) 10 percent per day of the total cost for political communications made by the covered organization for the applicable political committee; or
(B) 150 percent of the total cost for political communications made by the covered organization for the applicable political committee.
(d) For each failure to timely file an initial donor identification list that is required to be filed under ORS 260.281 for exceeding the electioneering threshold for a statewide race, the Secretary of State may impose a civil penalty not to exceed the lesser of:
(A) 10 percent per day of the total cost for political communications made by the covered organization for the applicable statewide race; or
(B) 150 percent of the total cost for political communications made by the covered organization for the applicable statewide race.
(3) For each failure to accurately include the name of a donor or the amount a donor donated to the covered organization in an initial donor identification list or an updated donor identification list that is required to be filed under ORS 260.281, or for each failure to timely file an updated donor identification list that is required to be filed under ORS 260.281, the Secretary of State may impose a civil penalty not to exceed 10 percent of the aggregate donations that were not properly identified.
(4) Except as otherwise provided by this section, civil penalties under this section shall be imposed as provided in ORS 183.745. In addition to the requirements for a notice of right to a hearing of ORS 183.745, the notice shall include:
(a) A statement of the authority and jurisdiction under which the hearing is to be held; and
(b) If the person is an agency, corporation or an unincorporated association, a statement that such person must be represented by an attorney licensed in Oregon.
(5) A hearing on whether to impose a civil penalty and to consider circumstances in mitigation shall be held by the Secretary of State:
(a) Upon request of the person against whom the penalty may be assessed, if the request is made not later than the 20th day after the date the person received notice sent under subsection (4) of this section; or
(b) Upon the Secretary of State’s own motion.
(6) The person against whom a penalty may be assessed need not appear in person at a hearing held under this section, but instead may submit written testimony or other evidence, sworn to before a notary public, to the Secretary of State for entry in the hearing record. The testimony or other evidence must be received by the Secretary of State not later than three business days before the day of the hearing.
(7) All hearings under this section shall be held not later than 45 days after the deadline for the person against whom the penalty may be assessed to request a hearing. However, if requested by the person against whom the penalty may be assessed, a hearing under subsection (5) of this section shall be held not later than 60 days after the deadline for the person against whom the penalty may be assessed to request a hearing.
(8) The Secretary of State shall issue an order not later than 90 days after a hearing or after the deadline for requesting a hearing if no hearing is held.
(9) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund.
(10) The Secretary of State may adopt rules necessary to implement this section. [2019 c.637 §4]
