(2) The Secretary of State by rule shall prescribe the procedure for processing a complaint filed with any person other than the Secretary of State. If the complaint concerns the Secretary of State, any candidate for the office of the Secretary of State, or any political committee or person supporting the candidacy of the Secretary of State or of another person for the office of Secretary of State, the complaint and any additional information relating to the complaint shall be sent to the Attorney General.
(3) Upon receipt of a complaint under subsection (1) or (2) of this section the Secretary of State or Attorney General immediately shall examine the complaint to determine whether a violation of an election law or rule has occurred and shall make any investigation the Secretary of State or Attorney General considers necessary. Except as provided in this subsection, within 48 hours of receiving a complaint under subsection (1) or (2) of this section, the Secretary of State or Attorney General shall notify the person who is the subject of the complaint that a complaint has been received. If the Secretary of State or Attorney General receives a complaint or complaints involving 25 or more individuals, political committees or petition committees in any 24-hour period, the Secretary of State or Attorney General need not notify the persons who are the subjects of those complaints within 48 hours of receiving the complaints but shall notify those persons not later than 10 business days after receiving the complaint or complaints.
(4) If the Secretary of State believes after an investigation under subsection (3) of this section that a violation of an election law or rule has occurred, the secretary:
(a) In the case of a violation that is subject to a penalty under ORS 260.993, immediately shall report the findings to the Attorney General and request prosecution. If the violation involves the Attorney General, a candidate for that office or a political committee or person supporting or opposing the Attorney General or a candidate for that office, the Secretary of State shall appoint another prosecutor for that purpose;
(b) In the case of a violation not subject to a penalty under ORS 260.537 or 260.993, may impose a civil penalty under ORS 260.995; or
(c) In the case of a violation under ORS 260.537, may institute civil proceedings in the manner described in ORS 260.537.
(5) Upon receipt of a complaint or report under subsection (1), (2) or (4) of this section involving an alleged violation subject to a penalty under ORS 260.993 or an alleged violation of ORS 260.537, the Attorney General or other prosecutor immediately shall examine the complaint or report to determine whether a violation of an election law has occurred. If the Attorney General or prosecutor determines that a violation has occurred, the Attorney General or prosecutor immediately shall begin prosecution or civil proceedings in the name of the state. The Attorney General or other prosecutor shall have the same powers in any county of this state as the district attorney for the county.
(6) Upon receipt of a complaint under subsection (1) or (2) of this section involving an alleged violation of an election law or rule not subject to a penalty under ORS 260.537 or 260.993, the Attorney General shall examine the complaint to determine whether a violation of an election law or rule has occurred and shall make any investigation the Attorney General considers necessary. If the Attorney General believes after an investigation that a violation of an election law or rule has occurred, the Attorney General may impose a civil penalty under ORS 260.995.
(7) In the case of an alleged violation subject to a civil penalty under ORS 260.995 or an alleged violation of ORS 260.537, a complaint shall be filed by an elector under this section no later than 90 days following the election at which a violation of an election law or rule is alleged to have occurred, or 90 days following the date the violation of an election law or rule is alleged to have occurred, whichever is later.
(8) A filing officer having reason to believe that a violation of an election law or rule has occurred shall proceed promptly as though the officer had received a complaint. Except as provided in ORS 260.234, a filing officer shall proceed under this subsection no later than two years following the election at which a violation of an election law or rule is alleged to have occurred, or two years following the date the violation of an election law or rule is alleged to have occurred, whichever is later. If a filing officer has not proceeded within two years because of fraud, deceit, misleading representation or the filing officer could not have reasonably discovered the alleged violation, the filing officer shall proceed no later than five years following the election at which a violation of an election law or rule is alleged to have occurred, or five years following the date the violation of an election law or rule is alleged to have occurred, whichever is later. [Formerly 260.105; 1973 c.744 §24; 1979 c.190 §365; 1987 c.718 §2; 1987 c.727 §9; 1989 c.171 §35; 1989 c.301 §1; 1989 c.571 §2; 1991 c.719 §32; 1993 c.493 §81; 2009 c.818 §23; 2011 c.607 §14; 2021 c.291 §3]
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.