Oregon Statutes 260.232 – Civil penalty for failure to file statement or to include required information; notice
(1) The Secretary of State may impose a civil penalty as provided in this section, in addition to any other penalty that may be imposed, for:
Terms Used In Oregon Statutes 260.232
- Elector: means an individual qualified to vote under Article II, section 2, of the Oregon Constitution. See Oregon Statutes 260.005
- 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.
- expenditure: includes the payment or furnishing of money or anything of value or the incurring or repayment of indebtedness or obligation by or on behalf of a candidate, political committee or person in consideration for any services, supplies, equipment or other thing of value performed or furnished for any reason, including support of or opposition to a candidate, political committee or measure, or for reducing the debt of a candidate for nomination or election to public office. See Oregon Statutes 260.005
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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]