TrustVoting Atlas

(1) The
Secretary of State by rule shall adopt an addition to the electronic filing
system described in ORS 260.057 to be used by:

(a) Membership
organizations;

(b) Persons; and

(c) Any
combination of organizations or persons that has a collective capacity and that
is legally separate from other persons and that makes independent expenditures.

(2) The
electronic filing system addition described in this section shall be used by
entities described in subsection (1) of this section to report the original
source of funds used to pay for candidate campaign independent expenditures, to
promote transparency and accountability to voters.

(3) Once an
entity subject to this section has spent an aggregate of $50,000 on candidate
campaign independent expenditures in an election cycle, the entity must
disclose the name of each person that has contributed $5,000 or more during the
election cycle and the original source of funds used for the contribution. In
identifying persons that have made aggregate donations of $5,000 or more per
election cycle, the entity may exclude:

(a) Donations
received from an affiliated charitable organization that is tax exempt under
section 501(c)(3) of the Internal Revenue Code;

(b) 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; and

(c) Donations
received from a source that demonstrates to the Secretary of State that there
is a reasonable probability that public knowledge of the identity of the source
would subject the source or the family of the source to serious risk of
physical harm.

(4) An entity
described in subsection (3) of this section must disclose the original source
of funds of the full amount spent on the entity’s aggregate independent
expenditures.

(5) Donations
from donors who have contributed less than $5,000 during the election cycle may
be aggregated and reported on a “Miscellaneous Under $5,000” category on the
electronic filing system addition.

(6)(a) Each donor
that is separately reported under subsection (3) of this section and that
spends an aggregate of $50,000 on independent expenditures in an election cycle
must also report the original source of funds used for the donation.

(b) If and to the
extent a donor serves as a pass-through or intermediary for the original source
of the funds, both the pass-through or intermediary and the original source of
funds shall be reported.

(c) For purposes
of this section and ORS 260.061 and 260.266:

(A) “Business
income” means:

(i) Funds
received by a person in commercial transactions in the ordinary course of the
person’s regular trade, business or investments;

(ii) Membership
or union dues paid to the person, except dues exceeding $5,000 from any person
in a calendar year; and

(iii)
Contributions or donations paid to the person, except contributions or
donations exceeding $5,000 from any person in a calendar year.

(B) “Original
source of funds” means business income or personal funds and the person that
earned or received the business income or personal funds.

(C) “Personal
funds” means income received by an individual as salary or wages, other earned
income from bona fide employment, interest, dividends, royalties or proceeds
from an individual’s personal investments, bequests and income from
testamentary trusts or other trusts established by bequest. “Personal funds”
does not include any funds received from any person for the purpose of
influencing an election.

(7) The original
sources of funds used to pay for candidate campaign independent expenditures
and persons associated with those original sources of funds must be reported to
the Secretary of State at the same time and in the same manner as other
contributions and expenditures are reported.

(8) Prior to the
start of each election cycle, the Secretary of State shall adjust the dollar
amounts set forth in this section by the cumulative change in the Consumer
Price Index for All Urban Consumers, West Region (All Items), as published by
the Bureau of Labor Statistics of the United States Department of Labor, or its
successor, since 2024. The adjustments performed under this subsection shall be
rounded to the nearest $10 increment.

(9) The Secretary
of State shall by rule establish reporting timelines and guidance for the
reporting of independent expenditures. [2024 c.9 §13]



Note: 260.059 becomes operative January
1, 2028. See section 23, chapter 9, Oregon Laws 2024.



Note: 260.059 was added to and made a
part of ORS chapter 260 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.



260.060 [Amended by 1957 c.643 §6; 1969
c.279 §1; repealed by 1971 c.749 §82]