260.532
Prohibition on publication of false statement relating to candidate or measure;
civil action; damages; other remedies; limitation on action. (1) No person shall 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 relating to any candidate, political committee or measure.
(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 for:
(a) The candidacy
of the owner, licensee or operator of the station or company; or
(b) A ballot
measure of which a chief petitioner is the owner, licensee or operator of the
station or company.
(3) A candidate
who knows of and consents to a publication or advertisement prohibited by this
section with knowledge or with reckless disregard that it contains a false
statement of material fact, violates this section regardless of whether the
candidate has participated directly in the publication or advertisement.
(4) There is a
rebuttable presumption that a candidate knows of and consents to any
publication or advertisement prohibited by this section caused by a political
committee over which the candidate exercises any direction and control.
(5) Any candidate
or political committee aggrieved by a violation of this section shall have a
right of action against the person alleged to have committed the violation. The
aggrieved party may file the action in the circuit court for any county in this
state in which a defendant resides or can be found or, if the defendant is a
nonresident of this state, in the circuit court for any county in which the
publication occurred. To prevail in such an action, the plaintiff must show by
clear and convincing evidence that the defendant violated subsection (1) of
this section.
(6) A plaintiff
who prevails in an action provided by subsection (5) of this section may
recover economic and noneconomic damages, as defined in ORS 31.705, or $2,500,
whichever is greater. The court may award such additional equitable relief as
it considers necessary or proper. The equitable relief may include, but is not
limited to, a requirement that a retraction of the false statement be
disseminated in the manner directed by the court. Proof of entitlement to
economic and noneconomic damages must be by a preponderance of evidence. The
court shall award the prevailing party reasonable attorney fees at trial and on
appeal.
(7) A political
committee has standing to bring an action provided by subsection (5) of this
section as plaintiff in its own name, if its purpose as evidenced by its
preelection activities, solicitations and publications has been injured by the
violation and if it has fully complied with the provisions of this chapter. In
an action brought by a political committee as provided by subsection (5) of
this section, the plaintiff may recover economic and noneconomic damages for
all injury to the purpose of the committee as provided in subsection (6) of
this section.
(8) If a judgment
is rendered in an action under this section against a defendant who has been
nominated to public office or elected to a public office other than state
Senator or state Representative, and it is established by clear and convincing
evidence that the false statement was deliberately made or caused to be made by
the defendant, the finder of fact shall determine whether the false statement
reversed the outcome of the election. If the finder of fact finds by clear and
convincing evidence that the false statement reversed the outcome of the
election, the defendant shall be deprived of the nomination or election and the
nomination or office shall be declared vacant.
(9) An action
under this section must be filed not later than the 30th day after the election
relating to which a publication or advertisement in violation of this section
was made. Proceedings on a complaint filed under this section shall have
precedence over all other business on the docket. The courts shall proceed in a
manner which will ensure that:
(a) Final
judgment on a complaint which relates to a primary election or nominating
election is rendered before the 30th day before the general election; and
(b) Final
judgment on a complaint which relates to an election to an office is rendered
before the term of that office begins.
(10) The remedy
provided by this section is the exclusive remedy for a violation of this
section. [Formerly 260.380; 1973 c.744 §36; 1975 c.683 §14; 1979 c.190 §374;
1979 c.667 §2; 1981 c.897 §45; 1983 c.756 §1; 1985 c.808 §63a; 1995 c.712 §79;
1997 c.829 §1; 1999 c.941 §1; 1999 c.999 §58; 2021 c.291 §4; 2021 c.478 §10]
Notes of Decisions
Bryant v. Recall for Lowell's Future Comm., 400 P.3d 980 (Or. Ct. App. 2017).
· cites it 25× “After the election, which plaintiff lost, plaintiff brought suit under ORS 260.532, alleging that defendants had violated that statute by making seven factually false statements in election materials in support of plaintiffs recall.”
Yes on 24-367 Comm. v. Deaton, 367 P.3d 937 (Or. Ct. App. 2016).
· cites it 17× “1 Before the election, plaintiff brought suit under ORS 260.532, alleging that defendants violated that statute by knowingly or recklessly making a false statement of material fact in their voters’ pamphlet statement.”
Leslie v. Bendl, 759 P.2d 301 (Or. Ct. App. 1988).
· cites it 37× “ORS 260.532. [2] We affirm. *302 The parties have stipulated to these facts.”
Wingard v. Or. Fam. Council, Inc., 417 P.3d 545 (Or. Ct. App. 2018).
· cites it 4× “Plaintiff alleged claims for common-law defamation and for violation of ORS 260.532 (prohibiting certain false publications concerning a candidate).”
Erickson for Cong. Com. v. Salinas for Oregon Com., 337 Or. App. 493 (Or. Ct. App. 2025).
· cites it 10× “Defendants, Andrea Salinas and the Andrea Salinas for Oregon Committee, appeal from the trial court’s denial of their special motion to strike the complaint that plaintiff, the Mike Erickson for Congress Committee, brought against defendants under ORS 260.532, which provides a…”
Comm. to Retain Judge Jacob Tanzer v. Lee, 527 P.2d 247 (Or. 1974).
· cites it 12× “" ORS 260.532, under which plaintiff's action was filed, states, in pertinent part: "(1) No person shall write, print, publish, post, communicate or circulate, or cause to be written, printed, published, posted, communicated or circulated, any letter, circular, bill, placard,…”
Waggoner v. Husk, 564 P.3d 167 (Or. Ct. App. 2025).
· cites it 16× “After the vote, defendant pursued recall petitions against plaintiffs, in which he asserted that plain- tiffs had “directly sanctioned the dissolution of the profes- sional fire department in Baker City, destroying the network of public safety that has been in place for more…”
State v. Moyer, 200 P.3d 619 (Or. Ct. App. 2009).
· cites it 8× “That is especially noteworthy in that the statute describing the offense of misleading the public, ORS 260.532, does not appear to contain all the elements of common-law fraud.”
In Re Complaint as to the Conduct of Fadeley, 802 P.2d 31 (Or. 1990).
· cites it 2× “" ORS 260.532(2) provides: "A candidate who knows of and consents to a publication or advertisement prohibited by this section with knowledge or with reckless disregard that it contains a false statement of material fact, violates this section regardless of whether the candidate…”
Rickert v. Pub. Disclosure Comm'n, 161 Wash. 2d 843 (Wash. 2007).
· cites it 2× “21 (LexisNexis); Or. Rev. Stat. Ann. § 260.532 (West). The eight remaining statutes are more stringent than Washington’s law in certain respects.”
Sumner v. Bennett, 608 P.2d 566 (Or. Ct. App. 1980).
· cites it 5× “Plaintiff brought this action pursuant to ORS 260.532, 1 the Oregon Corrupt Practices Act.”
— Or. Rev. Stat. § 260.532(1) — 8 cases
Yes on 24-367 Comm. v. Deaton, 367 P.3d 937 (Or. Ct. App. 2016).
“1 Before the election, plaintiff brought suit under ORS 260.532, alleging that defendants violated that statute by knowingly or recklessly making a false statement of material fact in their voters’ pamphlet statement.”
Bryant v. Recall for Lowell's Future Comm., 400 P.3d 980 (Or. Ct. App. 2017).
“After the election, which plaintiff lost, plaintiff brought suit under ORS 260.532, alleging that defendants had violated that statute by making seven factually false statements in election materials in support of plaintiffs recall.”
State v. Moyer, 200 P.3d 619 (Or. Ct. App. 2009).
“That is especially noteworthy in that the statute describing the offense of misleading the public, ORS 260.532, does not appear to contain all the elements of common-law fraud.”
Comm. to Retain Judge Jacob Tanzer v. Lee, 527 P.2d 247 (Or. 1974).
“" ORS 260.532, under which plaintiff's action was filed, states, in pertinent part: "(1) No person shall write, print, publish, post, communicate or circulate, or cause to be written, printed, published, posted, communicated or circulated, any letter, circular, bill, placard,…”
— Or. Rev. Stat. § 260.532(2) — 1 case
In Re Complaint as to the Conduct of Fadeley, 802 P.2d 31 (Or. 1990).
“" ORS 260.532(2) provides: "A candidate who knows of and consents to a publication or advertisement prohibited by this section with knowledge or with reckless disregard that it contains a false statement of material fact, violates this section regardless of whether the candidate…”
— Or. Rev. Stat. § 260.532(3) — 2 cases
State v. Moyer, 200 P.3d 619 (Or. Ct. App. 2009).
“That is especially noteworthy in that the statute describing the offense of misleading the public, ORS 260.532, does not appear to contain all the elements of common-law fraud.”
— Or. Rev. Stat. § 260.532(4) — 7 cases
Leslie v. Bendl, 759 P.2d 301 (Or. Ct. App. 1988).
“ORS 260.532. [2] We affirm. *302 The parties have stipulated to these facts.”
State v. Moyer, 200 P.3d 619 (Or. Ct. App. 2009).
“That is especially noteworthy in that the statute describing the offense of misleading the public, ORS 260.532, does not appear to contain all the elements of common-law fraud.”
— Or. Rev. Stat. § 260.532(5) — 6 cases
Leslie v. Bendl, 759 P.2d 301 (Or. Ct. App. 1988).
“ORS 260.532. [2] We affirm. *302 The parties have stipulated to these facts.”
Bryant v. Recall for Lowell's Future Comm., 400 P.3d 980 (Or. Ct. App. 2017).
“After the election, which plaintiff lost, plaintiff brought suit under ORS 260.532, alleging that defendants had violated that statute by making seven factually false statements in election materials in support of plaintiffs recall.”
Sumner v. Bennett, 608 P.2d 566 (Or. Ct. App. 1980).
“Plaintiff brought this action pursuant to ORS 260.532, 1 the Oregon Corrupt Practices Act.”
Comm. to Retain Judge Jacob Tanzer v. Lee, 527 P.2d 247 (Or. 1974).
“" ORS 260.532, under which plaintiff's action was filed, states, in pertinent part: "(1) No person shall write, print, publish, post, communicate or circulate, or cause to be written, printed, published, posted, communicated or circulated, any letter, circular, bill, placard,…”
— Or. Rev. Stat. § 260.532(6) — 3 cases
Leslie v. Bendl, 759 P.2d 301 (Or. Ct. App. 1988).
“ORS 260.532. [2] We affirm. *302 The parties have stipulated to these facts.”
Bryant v. Recall for Lowell's Future Comm., 400 P.3d 980 (Or. Ct. App. 2017).
“After the election, which plaintiff lost, plaintiff brought suit under ORS 260.532, alleging that defendants had violated that statute by making seven factually false statements in election materials in support of plaintiffs recall.”
— Or. Rev. Stat. § 260.532(7) — 2 cases
Comm. to Retain Judge Jacob Tanzer v. Lee, 527 P.2d 247 (Or. 1974).
“" ORS 260.532, under which plaintiff's action was filed, states, in pertinent part: "(1) No person shall write, print, publish, post, communicate or circulate, or cause to be written, printed, published, posted, communicated or circulated, any letter, circular, bill, placard,…”
— Or. Rev. Stat. § 260.532(8) — 1 case
— Or. Rev. Stat. § 260.532(9) — 2 cases
Leslie v. Bendl, 759 P.2d 301 (Or. Ct. App. 1988).
“ORS 260.532. [2] We affirm. *302 The parties have stipulated to these facts.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.