§ ORS § 260.532Prohibition on publication of false statement relating to candidate or measure; civil action; damages; other remedies; limitation on action

(1) No person shall cause to be
written, printed, published, posted, communicated or circulated, including by
electronic or telephonic means, any letter, circular, bill, placard, poster,
photograph or other publication, or cause any advertisement to be placed in a
publication, or singly or with others pay for any advertisement or circulate an
advertisement by electronic or telephonic means, with knowledge or with
reckless disregard that the letter, circular, bill, placard, poster,
photograph, publication or advertisement contains a false statement of material
fact relating to any candidate, political committee or measure.

(2) As used in
subsection (1) of this section, “cause” does not include the broadcast of an
advertisement by a radio or television station or cable television company
unless the advertisement is for:

(a) The candidacy
of the owner, licensee or operator of the station or company; or

(b) A ballot
measure of which a chief petitioner is the owner, licensee or operator of the
station or company.

(3) A candidate
who knows of and consents to a publication or advertisement prohibited by this
section with knowledge or with reckless disregard that it contains a false
statement of material fact, violates this section regardless of whether the
candidate has participated directly in the publication or advertisement.

(4) There is a
rebuttable presumption that a candidate knows of and consents to any
publication or advertisement prohibited by this section caused by a political
committee over which the candidate exercises any direction and control.

(5) Any candidate
or political committee aggrieved by a violation of this section shall have a
right of action against the person alleged to have committed the violation. The
aggrieved party may file the action in the circuit court for any county in this
state in which a defendant resides or can be found or, if the defendant is a
nonresident of this state, in the circuit court for any county in which the
publication occurred. To prevail in such an action, the plaintiff must show by
clear and convincing evidence that the defendant violated subsection (1) of
this section.

(6) A plaintiff
who prevails in an action provided by subsection (5) of this section may
recover economic and noneconomic damages, as defined in ORS 31.705, or $2,500,
whichever is greater. The court may award such additional equitable relief as
it considers necessary or proper. The equitable relief may include, but is not
limited to, a requirement that a retraction of the false statement be
disseminated in the manner directed by the court. Proof of entitlement to
economic and noneconomic damages must be by a preponderance of evidence. The
court shall award the prevailing party reasonable attorney fees at trial and on
appeal.

(7) A political
committee has standing to bring an action provided by subsection (5) of this
section as plaintiff in its own name, if its purpose as evidenced by its
preelection activities, solicitations and publications has been injured by the
violation and if it has fully complied with the provisions of this chapter. In
an action brought by a political committee as provided by subsection (5) of
this section, the plaintiff may recover economic and noneconomic damages for
all injury to the purpose of the committee as provided in subsection (6) of
this section.

(8) If a judgment
is rendered in an action under this section against a defendant who has been
nominated to public office or elected to a public office other than state
Senator or state Representative, and it is established by clear and convincing
evidence that the false statement was deliberately made or caused to be made by
the defendant, the finder of fact shall determine whether the false statement
reversed the outcome of the election. If the finder of fact finds by clear and
convincing evidence that the false statement reversed the outcome of the
election, the defendant shall be deprived of the nomination or election and the
nomination or office shall be declared vacant.

(9) An action
under this section must be filed not later than the 30th day after the election
relating to which a publication or advertisement in violation of this section
was made. Proceedings on a complaint filed under this section shall have
precedence over all other business on the docket. The courts shall proceed in a
manner which will ensure that:

(a) Final
judgment on a complaint which relates to a primary election or nominating
election is rendered before the 30th day before the general election; and

(b) Final
judgment on a complaint which relates to an election to an office is rendered
before the term of that office begins.

(10) The remedy
provided by this section is the exclusive remedy for a violation of this
section. [Formerly 260.380; 1973 c.744 §36; 1975 c.683 §14; 1979 c.190 §374;
1979 c.667 §2; 1981 c.897 §45; 1983 c.756 §1; 1985 c.808 §63a; 1995 c.712 §79;
1997 c.829 §1; 1999 c.941 §1; 1999 c.999 §58; 2021 c.291 §4; 2021 c.478 §10]