Oregon Statutes 260.995 – Civil penalties
(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.
Terms Used In Oregon Statutes 260.995
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Petition committee: means an initiative, referendum or recall petition committee organized under ORS § 260. See Oregon Statutes 260.005
- Political committee: means a combination of two or more individuals, or a person other than an individual, that has:
(a) Received a contribution for the purpose of supporting or opposing a candidate, measure or political party; or
(b) Made an expenditure for the purpose of supporting or opposing a candidate, measure or political party. 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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]
[1995 c.1 § 10; repealed by 1999 c.999 § 59]
[1995 c.1 § 11; repealed by 1999 c.999 § 59]