TrustVoting Atlas

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) 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:

(A) 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

(B) To or on
behalf of a candidate, political committee or measure; and

(b) The excess
value of a contribution made for compensation or consideration of less than
equivalent value.

(4) “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.

(5) “Controlled
directly or indirectly by a candidate” means:

(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.

(6) “County clerk”
means the county clerk or the county official in charge of elections.

(7) “Elector”
means an individual qualified to vote under Article II, section 2, of the
Oregon Constitution.

(8) 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.

(9) “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) In the case
of an irrigation district formed under ORS chapter 545, “filing officer” means:

(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.

(10) “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) “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.

(b)(A) “Clearly
identified” means, with respect to candidates:

(i) The name of
the candidate involved appears;

(ii) A photograph
or drawing of the candidate appears; or

(iii) The
identity of the candidate is apparent by unambiguous reference.

(B) “Clearly
identified” means, with respect to measures:

(i) The ballot
number of the measure appears;

(ii) A
description of the measure’s subject or effect appears; or

(iii) The
identity of the measure is apparent by unambiguous reference.

(c) “Communication
in support of or in opposition to a clearly identified candidate or measure”
means:

(A)(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, or
the passage or defeat of a clearly identified measure; and

(ii) The
electoral portion of the communication is unmistakable, unambiguous and
suggestive of only one meaning; or

(B)(i) The
communication involves aggregate expenditures of more than $250 by a person;

(ii) The
communication refers to a clearly identified candidate or measure that will
appear on the ballot or to a political party; and

(iii) The
communication is published and disseminated to the relevant electorate within
60 calendar days before a primary election, 120 calendar days before a general
election or 90 calendar days before an election other than a primary election
or a general election.

(d) “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.

(B) Does not mean
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.

(11) “Initiative
petition” means a petition to initiate a measure for which a prospective
petition has been filed but that is not yet a measure.

(12) “Judge”
means judge of the Supreme Court, Court of Appeals, circuit court or the Oregon
Tax Court.

(13) “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.

(14) “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.

(15) “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.

(16) “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.

(17) “Petition
committee” means an initiative, referendum or recall petition committee
organized under ORS 260.118.

(18) “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. For purposes of this paragraph, 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 or 260.076 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.

(19) “Public
office” means any national, state, county, district, city office or position,
except a political party office, that is filled by the electors.

(20) “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.

(21) “Referendum
petition” means a petition to refer a measure for which a prospective petition
has been filed but that is not yet a measure.

(22) “Regular
district election” means the regular district election described in ORS
255.335.

(23) “State
office” means the office of Governor, Secretary of State, State Treasurer,
Attorney General, Commissioner of the Bureau of Labor and Industries, 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; 2005 c.809 §§20,21; 2007
c.848 §28; 2009 c.818 §1; 2011 c.652 §3; 2011 c.731 §16; 2013 c.756 §8; 2013
c.758 §1; 2017 c.419 §1; 2018 c.70 §14; 2019 c.637 §7]



Note: The amendments to 260.005 by
section 10, chapter 9, Oregon Laws 2024, become operative January 1, 2027. See
section 23, chapter 9, Oregon Laws 2024. The text that is operative on and
after January 1, 2027, is set forth for the user’s convenience.

260.005. 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