§ ORS § 260.537Prohibition on publication of false statement intended to mislead electors; civil action; penalties

(1) A person may not 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 that is intended to mislead
electors regarding:

(a) The date of
the election;

(b) The deadline
for depositing a ballot in order for the ballot to be tallied;

(c) The voter
registration deadline;

(d) The methods
by which an elector may register to vote;

(e) The locations
at which an elector may deposit a ballot in order for the ballot to be tallied;

(f) The
qualifications an individual must meet to be eligible to vote in an election;
or

(g) An elector’s
voter registration status.

(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 created by the owner, licensee or operator of the
station or company.

(3) This section
applies only to a letter, circular, bill, placard, poster, photograph,
publication or advertisement that is written, printed, published, posted,
communicated or circulated, including by electronic or telephonic means,
within:

(a) 30 calendar
days before a primary election or special election; or

(b) 60 calendar
days before a general election.

(4) The Secretary
of State may institute proceedings to enjoin any violation of this section,
except that in the case of a violation by the Secretary of State or a candidate
for the office of the Secretary of State, the Attorney General may institute
proceedings to enjoin any violation of this section. In any action brought
under this section, the circuit court may at any time enter such injunctions,
prohibitions or restraining orders, or take any other actions as the court may
deem proper. A restraining order, prohibition or injunction may be issued under
this section without proof of injury or damage to any person. The circuit court
shall give priority to the hearing and determination under this section. The
court shall award the prevailing party reasonable attorney fees at trial and on
appeal.

(5) Upon proof of
any violation of this section, the court shall impose a civil penalty of not
more than $10,000. All penalties recovered under this section shall be paid
into the State Treasury and credited to the General Fund.

(6) The remedy
provided by this section is the exclusive remedy for a violation of this
section. [2021 c.291 §2]



260.540 [1957 c.644 §10; 1971 c.749 §27;
renumbered 260.325]



260.542 [Formerly 260.405; 1973 c.744 §37;
1979 c.190 §375; repealed by 1993 c.383 §1]



260.545 [1987 c.826 §2; repealed by 1993
c.383 §1]