Oregon Statutes 260.537 – False publication 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:
Terms Used In Oregon Statutes 260.537
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Elector: means an individual qualified to vote under Article II, section 2, of the Oregon Constitution. See Oregon Statutes 260.005
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means an individual, corporation, limited liability company, labor organization, association, firm, partnership, joint stock company, club, organization or other combination of individuals having collective capacity. See Oregon Statutes 260.005
- State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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]
[1957 c.644 § 10; 1971 c.749 § 27; renumbered 260.325]
[Formerly 260.405; 1973 c.744 § 37; 1979 c.190 § 375; repealed by 1993 c.383 § 1]
[1987 c.826 § 2; repealed by 1993 c.383 § 1]