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(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: The amendments to 260.266 by
section 15, chapter 9, Oregon Laws 2024, become operative January 1, 2028. See
section 23, chapter 9, Oregon Laws 2024. The text that is operative on and
after January 1, 2028, is set forth for the user’s convenience.

260.266. (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
recall petition committee that costs at least $10,000 for the entire placement
of the communication and substantially similar communications must state:

(A) The name of
the political committee or petition committee; and

(B) The names of
the four 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 four 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 paragraph (b) or (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) If a
candidate has contributed more than $20,000 to the candidate’s own campaign, a
communication subject to this section must include a statement indicating that
the candidate has contributed more than $20,000 to the candidate’s own
campaign.

(4) 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.

(5)(a) If a
person is required to disclose the names of four persons under subsection
(2)(a)(B) or (c)(A)(ii) of this section and more than four persons qualify as
having made the largest aggregate contributions or donations, the person shall
disclose the four 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 four 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.

(6) A
communication in support of or in opposition to a clearly identified candidate
that costs at least $10,000 must include an electronic, printed or aural link
to the appropriate site on the electronic filing system described in ORS
260.057, that identifies the original sources of funds to the entity that made
the expenditure. The link:

(a) Shall be an
active link if the communication is in digital form;

(b) Shall be a
printed or televised rendition of the link if the communication is in printed
or televised form; and

(c) Shall be read
as part of the communication if the communication is on radio or other aural
format. The Secretary of State shall strive for brevity and clarity in creating
links to be read under this paragraph.

(7) The Secretary
of State shall by rule provide technical specifications for the links described
in subsection (6) of this section.

(8) 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 indep