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(1) Except as provided in
subsection (2) of this section, following an investigation under ORS 260.345,
the Secretary of State or Attorney General may impose a civil penalty not to
exceed $1,000 for each violation of any provision of Oregon Revised Statutes
relating to the conduct of any election, any rule adopted by the secretary
under ORS chapters 246 to 260 or any other matter preliminary to or relating to
an election, for which a civil penalty is not otherwise provided.

(2) The secretary
or the Attorney General may impose a civil penalty not to exceed:

(a)(A) Except as
provided in subparagraph (B) of this paragraph, $1,000 plus the amount
converted to personal use for each violation of ORS 260.407;

(B) Two times the
amount of the penalty provision for violating a nondisclosure agreement that is
contained within each nondisclosure agreement entered into in violation of ORS
260.407 or 260.413;

(b) 150 percent
of the total cost of printing, transmitting or distributing a communication in
support of or in opposition to a clearly identified candidate if the disclosure
requirements set forth in ORS 260.266 are not met; or

(c) $10,000 for
each violation of ORS 260.555, 260.558, 260.575, 260.695 (1) or (2) or 260.715
(1) or Article IV, section 1b, of the Oregon Constitution.

(3) Except as
otherwise provided by this section, civil penalties under this section shall be
imposed as provided in ORS 183.745. In addition to the requirements of ORS
183.745, the notice shall include:

(a) A statement
of the authority and jurisdiction under which the hearing is to be held; and

(b) If the person
is an agency, corporation or an unincorporated association, a statement that
such person must be represented by an attorney licensed in Oregon, unless the
person is a political committee which may be represented by any officer
identified in the most recent statement of organization filed with the filing
officer.

(4) A hearing on
whether to impose a civil penalty and to consider circumstances in mitigation
shall be held by the secretary or Attorney General:

(a) Upon request
of the person against whom the penalty may be assessed, if the request is made
not later than the 20th day after the service date on the notice sent under
subsection (3) of this section; or

(b) Upon the
secretary’s or Attorney General’s own motion.

(5) The person
against whom a penalty may be assessed need not appear in person at a hearing
held under this section, but instead may submit written testimony or other
evidence, sworn to before a notary public, to the secretary or Attorney General
for entry in the hearing record. The testimony or other evidence must be
received by the secretary or Attorney General not later than three business
days before the day of the hearing and may be submitted electronically.

(6) All hearings
under this section shall be held not later than 45 days after the deadline for
the person against whom the penalty may be assessed to request a hearing.
However, if requested by the person against whom the penalty may be assessed, a
hearing under subsection (4) of this section shall be held not later than 60
days after the deadline for the person against whom the penalty may be assessed
to request a hearing.

(7) The secretary
or Attorney General shall issue an order not later than 90 days after a hearing
or after the deadline for requesting a hearing if no hearing is held.

(8) All penalties
recovered under this section shall be paid into the State Treasury and credited
to the General Fund.

(9) In the case
of a civil penalty imposed under this section for a violation of ORS 260.407,
the person against whom the penalty is assessed:

(a) Is personally
responsible for the payment of the civil penalty;

(b) Shall pay the
civil penalty from personal funds of the person; and

(c) May not pay
the civil penalty from contributions received by a candidate, a candidate’s
principal campaign committee, a political committee or a petition committee. [1987
c.718 §1; 1991 c.319 §2; 1991 c.734 §119; 1993 c.493 §83; 2005 c.797 §52; 2005
c.809 §1; 2009 c.533 §11; 2009 c.818 §19; 2010 c.9 §10; 2010 c.35 §2; 2013
c.617 §2; 2019 c.462 §6; 2019 c.636 §3; 2021 c.291 §8; 2021 c.473 §11]



Note: The amendments to 260.995 by
section 20, 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.

260.995. (1) Except as provided in
subsections (2) to (4) of this section, following an investigation under ORS
260.345, the Secretary of State or Attorney General may impose a civil penalty
not to exceed $1,000 for each violation of any provision of Oregon Revised
Statutes relating to the conduct of any election, any rule adopted by the
secretary under ORS chapters 246 to 260 or any other matter preliminary to or
relating to an election, for which a civil penalty is not otherwise provided.

(2) The secretary
or the Attorney General may impose a civil penalty not to exceed:

(a)(A) Except as
provided in subparagraph (B) of this paragraph, $1,000 plus the amount
converted to personal use for each violation of ORS 260.407; or

(B) Two times the
amount of the penalty provision for violating a nondisclosure agreement that is
contained within each nondisclosure agreement entered into in violation of ORS
260.407 or 260.413;

(b) 150 percent
of the total cost of printing, transmitting or distributing a communication in
support of or in opposition to a clearly identified candidate if the disclosure
requirements set forth in ORS 260.266 are not met; or

(c) $10,000 for
each violation of ORS 260.555, 260.558, 260.575, 260.695 (1) or (2) or 260.715
(1) or Article IV, section 1b, of the Oregon Constitution.

(3)(a) Except as
provided in paragraphs (b) and (c) of this subsection, the Secretary of State
or the Attorney General may impose a civil penalty on the recipient of a
contribution that exceeds the limits of ORS 260.014 or 260.016. The amount of
the civil penalty to be imposed shall be at least equal to the amount of the
unlawful contribution.

(b) The recipient
of a contribution that violates the contribution limits of ORS 260.014 or
260.016 may remedy the violation by refunding to the contributor an amount that
renders the contribution in compliance with applicable contribution limits
under ORS 260.014 or 260.016. For this paragraph to apply, the refund must be
made to the contributor within 14 days of receipt of the unlawful contribution.

(c) If paragraph
(b) of this subsection does not apply, the recipient of a contribution that
violates the contribution limits of ORS 260.014 or 260.016 may reduce the
penalty otherwise applicable under this subsection by 50 percent, if the
recipient refunds to the contributor an amount that renders the contribution in
compliance with ORS 260.014 or 260.016 within 14 days of the date the recipient
reasonably should have known that the violation occurred.

(d) The Secretary
of State shall adopt rules under this subsection establishing enhanced
penalties for successive knowing and willful violations of the contribution
limit provisions of ORS 260.014 or 260.016.

(4)(a) The
Secretary of State or the Attorney General may impose a civil penalty on a
person subject to the reporting requirements of ORS 260.059 and that is
violating those requirements. The penalty to be imposed shall be not less than
one-tenth of, nor more than four times, the total amount of contribution or
expenditure that was not properly disclosed or disclaimed.

(b) The Secretary
of State shall adopt rules under this subsection establishing enhanced
penalties for successive knowing and willful violations of the disclosure
provisions of ORS 260.059.

(5) Except as
otherwise provided by this section, civil penalties under this section shall be
imposed as provided in ORS 183.745. In addition to the requirements of ORS
183.745, the notice shall include:

(a) A statement
of the authority and jurisdiction under which the hearing is to be held; and

(b) If the person
is an agency, corporation or an unincorporated association, a statement that
such person must be represented by an attorney licensed in Oregon, unless the
person is a political committee which may be represented by any officer
identified in the most recent statement of organization filed with the filing
officer.

(6) A hearing on
whether to impose a civil penalty and to consider circumstances in mitigation
shall be held by the secretary or Attorney General:

(a) Upon request
of the person against whom the penalty may be assessed, if the request is made
not later than the 20th day after the service date on the notice sent under
subsection (5) of this section; or

(b) Upon the
secretary’s or Attorney General’s own motion.

(7) The person
against whom a penalty may be assessed need not appear in person at a hearing
held under this section, but instead may submit written testimony or other
evidence, sworn to before a notary public, to the secretary or Attorney General
for entry in the hearing record. The testimony or other evidence must be
received by the secretary or Attorney General not later than three business
days before the day of the hearing and may be submitted electronically.

(8) All hearings
under this section shall be held not later than 45 days after the deadline for
the person against whom the penalty may be assessed to request a hearing.
However, if requested by the person against whom the penalty may be assessed, a
hearing under subsection (6) of this section shall be held not later than 60
days after the deadline for the person against whom the penalty may be assessed
to request a hearing.

(9) The secretary
or Attorney General shall issue an order not later than 90 days after a hearing
or after the deadline for requesting a hearing if no hearing is held.

(10) All
penalties recovered under this section shall be paid into the State Treasury
and credited to the General Fund.

(11) In the case
of a civil penalty imposed under this section for a violation of ORS 260.407,
the person against whom the penalty is assessed:

(a) Is personally
responsible for the payment of the civil penalty;

(b) Shall pay the
civil penalty from personal funds of the person; and

(c) May not pay
the civil penalty from contributions received by a candidate, a candidate’s
principal campaign committee, a political committee or a petition committee.



260.997 [1995 c.1 §10; repealed by 1999
c.999 §59]



260.999 [1995 c.1 §11; repealed by 1999
c.999 §59]

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