260.225 Court
proceedings to compel filing of correct statements; attorney fees. (1) Upon the petition of the
Secretary of State or an elector, or of any other filing officer with whom a
statement is required to be filed, the circuit court for the county in which
the principal office of the filing officer is located may compel a candidate,
treasurer or person who fails to file a statement required to be filed with the
filing officer under ORS 260.044, 260.057, 260.076, 260.083, 260.112 or
260.118, or who files with the filing officer an insufficient statement, to
file with the filing officer a proper statement. The petition shall be filed
with the circuit court not later than the 90th day after the date the statement
is filed or should have been filed.
(2) If the court
determines that a petition filed under this section is frivolous or the court
does not compel the filing of any statement, the candidate, treasurer or person
against whom the petition was filed is entitled to recover reasonable attorney fees
at trial and on appeal. [1971 c.749 §20; 1973 c.744 §20; 1979 c.190 §359; 1985
c.808 §60; 1989 c.571 §1; 1993 c.493 §76; 1999 c.999 §16; 2001 c.82 §7; 2003
c.542 §18; 2005 c.809 §40; 2009 c.818 §14; 2013 c.758 §10]
260.227 [1973 c.744 §18; repealed by 1975
c. 684 §1 (260.228 enacted in lieu of 260.227)]
260.228 [1975 c.684 §2 (enacted in lieu of
260.227); 1979 c.519 §34; repealed by 1979 c.190 §431]
260.230 [Repealed by 1967 c.630 §2
(260.231 enacted in lieu of 260.230)]
260.231 [1967 c.630 §3 (260.231 enacted in
lieu of 260.230); 1971 c.749 §40; renumbered 260.432]
Notes of Decisions
Am. Fed'n of Teachers-Oregon v. Oregon Taxpayers United Pac, 145 P.3d 1111 (Or. Ct. App. 2006).
· cites it 2× “Defendants take issue with both of those characterizations, arguing first that C & E reports do not "enable" political action committees to do anything, but, rather, that failure to comply with the requirements for C & Es can merely lead to civil penalties, ORS 260.”
State Ex Rel. Bunn v. Roberts, 726 P.2d 925 (Or. 1986).
· cites it 2× “See ORS 260.225 (court procedures to compel a candidate to file a correct statement of expenditures and contributions), ORS 260.”
State v. Moyer, 230 P.3d 7 (Or. 2010).
“Failure to file a proper statement of contributions and expenditures can lead to a court order compelling a proper filing, ORS 260.225(1); to the imposition of civil penalties, ORS 260.”
State v. Moyer, 200 P.3d 619 (Or. Ct. App. 2009).
· cites it 2× “Failure to file a proper statement of contributions and expenditures can lead to a court order compelling such a proper filing, ORS 260.225(1); imposition of civil penalties, ORS 260.”
BERNARD FOR COM'R v. Elections Div., 211 P.3d 321 (Or. Ct. App. 2009).
“Failure to file a proper statement of contributions and expenditures can lead to a court order compelling such a proper filing, ORS 260.225(1); imposition of civil penalties, ORS 260.”
Ore. Socialist Wkrs., Etc. v. Paulus, 432 F. Supp. 1255 (D. Or. 1977).
“ORS 260.225. The Secretary may also impose a civil penalty after hearing, refuse to print a candidate's name on the ballot, and refuse to issue a certificate of election.”
— Or. Rev. Stat. § 260.225(1) — 4 cases
State v. Moyer, 230 P.3d 7 (Or. 2010).
“Failure to file a proper statement of contributions and expenditures can lead to a court order compelling a proper filing, ORS 260.225(1); to the imposition of civil penalties, ORS 260.”
State v. Moyer, 200 P.3d 619 (Or. Ct. App. 2009).
“Failure to file a proper statement of contributions and expenditures can lead to a court order compelling such a proper filing, ORS 260.225(1); imposition of civil penalties, ORS 260.”
BERNARD FOR COM'R v. Elections Div., 211 P.3d 321 (Or. Ct. App. 2009).
“Failure to file a proper statement of contributions and expenditures can lead to a court order compelling such a proper filing, ORS 260.225(1); imposition of civil penalties, ORS 260.”
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