ORS 260.995: Civil penalties; procedure and notice requirements; hearing; payment of penalty.

(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. (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] 260.995. (1) Except as provided in subsections (2) to (4) 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. (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; or (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)(a) Except as provided in paragraphs (b) and (c) of this subsection, the Secretary of State or the Attorney General may impose a civil penalty on the recipient of a contribution that exceeds the limits of ORS 260.014 or 260.016. The amount of the civil penalty to be imposed shall be at least equal to the amount of the unlawful contribution. (b) The recipient of a contribution that violates the contribution limits of ORS 260.014 or 260.016 may remedy the violation by refunding to the contributor an amount that renders the contribution in compliance with applicable contribution limits under ORS 260.014 or 260.016. For this paragraph to apply, the refund must be made to the contributor within 14 days of receipt of the unlawful contribution. (c) If paragraph (b) of this subsection does not apply, the recipient of a contribution that violates the contribution limits of ORS 260.014 or 260.016 may reduce the penalty otherwise applicable under this subsection by 50 percent, if the recipient refunds to the contributor an amount that renders the contribution in compliance with ORS 260.014 or 260.016 within 14 days of the date the recipient reasonably should have known that the violation occurred. (d) The Secretary of State shall adopt rules under this subsection establishing enhanced penalties for successive knowing and willful violations of the contribution limit provisions of ORS 260.014 or 260.016. (4)(a) The Secretary of State or the Attorney General may impose a civil penalty on a person subject to the reporting requirements of ORS 260.059 and that is violating those requirements. The penalty to be imposed shall be not less than one-tenth of, nor more than four times, the total amount of contribution or expenditure that was not properly disclosed or disclaimed. (b) The Secretary of State shall adopt rules under this subsection establishing enhanced penalties for successive knowing and willful violations of the disclosure provisions of ORS 260.059. (5) 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. (6) 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 (5) of this section; or (b) Upon the secretary’s or Attorney General’s own motion. (7) 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. (8) 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 (6) 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. (9) 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. (10) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund. (11) 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.