(a) Failure to file a statement or certificate required to be filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.112 or 260.118.
(b) Failure to include in a statement filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.112 or 260.118 the information required under ORS 260.044, 260.057, 260.076, 260.083 or 260.118.
(2)(a) If a person required to file has not filed a statement or certificate complying with applicable provisions of ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.085, 260.112 or 260.118 within the time specified in ORS 260.044, 260.057, 260.076, 260.078 or 260.118, the Secretary of State by first class mail or electronically shall notify the person or elector designated under ORS 260.042 or 260.118 that a penalty may be imposed and that the person has 20 days from the service date on the notice to request a hearing before the Secretary of State.
(b) If the person required to file is a candidate or the principal campaign committee of a candidate, the Secretary of State shall send the notice described in paragraph (a) of this subsection by first class mail or electronically to the candidate. The notice shall be used for purposes of determining the deadline for requesting a hearing under subsection (3) of this section.
(3) A hearing on whether to impose a civil penalty and to consider circumstances in mitigation shall be held by the Secretary of State:
(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 (2) of this section;
(b) Upon request of the filing officer with whom a statement or certificate was required to be filed but was not filed; or
(c) Upon the Secretary of State’s own motion.
(4) A hearing under subsection (3) of 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 (3) 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.
(5) The Secretary of State 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.
(6) 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 and other evidence, sworn to before a notary public, to the Secretary of State for entry in the hearing record. The testimony and other evidence must be received by the secretary not later than three business days before the day of the hearing and may be submitted electronically.
(7) A civil penalty imposed under this section may not be more than the following:
(a) For failure to file a statement or certificate required to be filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.112 or 260.118, 10 percent of the total amount of the contribution or expenditure required to be included in the statement or certificate; or
(b) For each failure to include in a statement filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.112 or 260.118 the information required under ORS 260.044, 260.057, 260.076, 260.083 or 260.118, 10 percent of the total amount of the contribution or expenditure required to be included in the statement.
(8) The Secretary of State, upon a showing of mitigating circumstances, may reduce the amount of the penalty described in subsection (7) of this section.
(9) Except as otherwise provided by this section, civil penalties under this section shall be imposed as provided in ORS 183.745. [1979 c.190 §360; 1979 c.519 §34a; 1981 c.234 §13; 1983 c.71 §8; 1985 c.471 §14; 1991 c.319 §1; 1991 c.719 §30; 1991 c.734 §118; 1993 c.493 §77; 1993 c.743 §24; 1999 c.999 §17; 2001 c.82 §8; 2003 c.542 §19; 2005 c.797 §17; 2005 c.809 §41; 2009 c.818 §15; 2011 c.652 §9; 2013 c.756 §5; 2013 c.758 §11; 2017 c.517 §4; 2017 c.749 §38; 2021 c.473 §9]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 260 - Campaign Finance Regulation; Election Offenses
Section 260.005 - Definitions.
Section 260.007 - Exclusions from definitions of "contribution" and "expenditure."
Section 260.011 - Prohibition on using cryptocurrency to make contribution.
Section 260.038 - Treasurer of more than one candidate or committee; replacement of treasurer.
Section 260.039 - Content of statement of organization of candidate or principal campaign committee.
Section 260.041 - Principal campaign committee.
Section 260.042 - Content of statement of organization of political committee.
Section 260.046 - Discontinuance of statement of organization; rules.
Section 260.049 - Reports to be filed by certain corporations; rules.
Section 260.054 - Political committee campaign account; petition committee petition account.
Section 260.055 - Accounts of contributions and expenditures; inspection; preservation.
Section 260.056 - Written loan agreements.
Section 260.076 - Statements of contributions received during session of Legislative Assembly.
Section 260.083 - Contents of statements.
Section 260.085 - Listing of occupation of contributor; procedure when occupation is unknown.
Section 260.156 - Rules for reporting expenditures and contributions.
Section 260.163 - County or city campaign finance provisions.
Section 260.215 - Periodic examination and investigation of statements.
Section 260.218 - Subpoena authority.
Section 260.225 - Court proceedings to compel filing of correct statements; attorney fees.
Section 260.275 - Definitions for ORS 260.275 to 260.285.
Section 260.281 - Donor identification lists; contents; updates; rules.
Section 260.315 - Distribution of copies of law.
Section 260.365 - Election or appointment after deprivation of nomination or office for violation.
Section 260.402 - Contributions in false name.
Section 260.407 - Use of contributed amounts for certain purposes.
Section 260.537 - False publication intended to mislead electors; civil action; penalties.
Section 260.550 - Use of term "incumbent."
Section 260.567 - Alteration of information on petition signature sheet; exceptions.
Section 260.575 - Use of threats and intimidation for purpose of extorting money.
Section 260.635 - Bets and wagers on election results.
Section 260.645 - Illegal acts relating to voting machines or vote tally systems.
Section 260.675 - Prohibited distribution of ballots.
Section 260.695 - Prohibitions relating to voting.
Section 260.715 - Prohibited conduct.