Oregon groups propose ballot initiatives to limit contributions, increase disclosure

By

Ethan Rice

Welcome back to The Disclosure Digest! We’re glad to be back in your inbox again every week. The weekly edition will be authored by Marquee staff writer Ethan Rice, who took over the project from fellow Marquee writer Jerrick Adams in August. Keep an eye out for new editions published on Wednesdays through June 2022. 

Oregon groups propose ballot initiatives to limit contributions, increase disclosure 

A series of advocacy groups have filed three ballot measure proposals with Oregon Secretary of State Shemia Fagan’s office intended to limit campaign contributions and enact more stringent donor disclosure requirements.  

What these initiatives would do

Honest Elections Oregon, Portland Forward, and the League of Women Voters Oregon filed three different versions of the Oregon Campaign Finance Contribution Limits Initiative on Dec. 6, 2021.  The initiatives would limit campaign finance contributions from individuals, multicandidate committees, political parties, legislative caucus committees, and membership organizations (e.g. unions). Groups would have to disclose the identity of every donor who contributed more than $5,000 in all political advertisements and communications and would also have to identify the people or entities that paid for them. One of the three initiatives would also establish a public campaign financing system where donations would be matched with public funds. 

The American Federation of State, County and Municipal Employees filed two different versions of the Oregon Campaign Finance Limits Initiative on Dec. 17. The initiatives would limit campaign finance contributions from the same groups as the Oregon Campaign Finance Contribution Limits Initiative and require campaigns to disclose top donors in political ads. Satellite groups would also have to disclose their donors. It would also create a public campaign finance system similar to the Dec. 6 initiatives.

The third initiative was also filed on Dec. 17, with United Food and Commercial Workers Local 555 submitting the Establish Campaign Finance Contribution Limits Initiative. The initiative would limit campaign finance contributions from individuals to $2,500 a year to any candidate or cause and would prohibit contributions from corporations. The initiative would allow entities to create small-donor committees made up of members that are limited to $250 contributions per member each year. Unlike the other initiatives, it does not propose a public campaign finance system. 

Reactions

Rebecca Gladstone, a chief petitioner of the Campaign Finance Contribution Limits Initiative, said, “These measures can help to restore voters’ confidence in healthy democracy. Voters must know that our elections are fair and free of undue influence by powerful dark money at the expense of voters. We can accomplish this and restore trust in our political system.” Jason Kafoury, another petitioner for the initiative, said it “could move Oregon from the Wild Wild West of campaign finance to leading the way with one the best programs in the nation.”

Michael Selvaggio, the chief petitioner of the Establish Campaign Finance Contribution Limits Initiative, said that effort arose from concerns that the Dec. 6 Campaign Finance Contribution Limits Initiative could allow groups to file election complaints against one another. “There were some concerns about some of the other measures that were filed. We got together and decided what we were going to do was float our own concept,” Selvaggio said. 

Imani Dorsey, director of the political nonprofit Washington County Ignite, said complying with the new measures would make it more difficult for small nonprofits to achieve their goals. “The provisions in the measures would just make things really hard and add administrative things we aren’t able to accommodate,” Dorsey said. 

Christel Allen, executive director of the group Pro-Choice Oregon, also said the requirements of the current initiatives would burden political committees, adding that disclosure requirements may endanger some donors. “When it comes to those of us who work to defend abortion access, unfortunately our opponents have a history of violence,” she said.

What comes next

In Oregon, the number of signatures required to qualify an initiated state statute for the ballot is equal to six percent of the votes cast for governor in the most recent gubernatorial election. Signatures for Oregon initiatives must be submitted four months before the next regular general election. State law also requires paid signature gatherers to submit any signatures they gather every month. In order for the state to certify the initiatives for the 2022 ballot, 112,020 valid signatures are required by Jul. 8.

Between 2010 and 2020, the average ballot  initiative certification rate in Oregon was 8.3%. Between 1985 and 2020, 148 initiatives appeared on Oregon ballots with 35.8% approved at the ballot box.

The big picture

Number of relevant bills by state: Welcome to 2022! This is a first look at donor disclosure and privacy legislation as state legislative sessions begin across the country. We’re currently tracking 57 pieces of legislation dealing with donor disclosure and privacy. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here for a complete list of all the bills we’re tracking. 

Number of relevant bills by current legislative status: 

Number of relevant bills by partisan status of sponsor(s): 

Recent legislative actions

For complete information on all of the bills we are tracking, click here. 

  • Alabama HB41: This bill would prohibit state and local election officials and their employees from soliciting, accepting, using, or disposing of certain donations from individuals or nongovernmental entities for funding certain election-related expenses.
    • Primary emphasis: Disclosure
    • Republican sponsorship
    • This bill was referred to committee on Jan. 11. 
  • Alabama HB74: This bill would prohibit solicitation, receipt, or use of private funds to administer an election.
    • Primary emphasis: Disclosure
    • Republican sponsorship
    • This bill was referred to committee on Jan. 11. 
  • Florida H0921: This bill would prohibit a foreign national from making or offering to make contributions or expenditures in connection with any election held in the state.
    • Primary emphasis: Disclosure
    • Republican sponsorship
    • This bill was referred to committee on Jan. 3. 
  • Florida H1359: This bill prohibits the governor, lieutenant governor, or a member of the cabinet from soliciting or accepting a contribution during the 60-day regular legislative session or a special legislative session. It would also require a political committee that is dissolved to dispose of all residual funds and file a report reflecting the disposition of such funds within 90 days of its dissolution. 
    • Primary emphasis: Disclosure
    • Republican sponsorship
    • This bill was introduced on Jan. 8. 
  • Florida H1373: This bill would lower the contribution threshold requiring a group to file a statement of organization from $5,000 to $1,000 and change the deadline for filing the statement to within 24 hours after the close of the qualifying period for the office the candidate seeks. It would also require electioneering communications organizations to disclose the identity of donors, the amount contributed, and the purpose of each expenditure.
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was introduced on Jan. 8. 
  • Florida H6109: This bill would remove provisions that preempt counties, municipalities, and other local governmental entities from restricting certain contributions and expenditures or establishing contribution limits different than those defined under state law. 
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was introduced on Jan. 7. 
  • Florida S1352: This bill would prohibit a foreign national from making or offering to make contributions or expenditures in connection with any election held in the state.
    • Primary emphasis: Disclosure
    • Republican sponsorship
    • This bill was referred to committee on Dec. 21, 2021.
  • Florida S1836: This bill would change the contribution threshold requiring a group to file a statement of organization from $5,000 to $1,000 and change the deadline for filing the statement to within 24 hours after the close of the qualifying period for the office the candidate seeks. It would also require electioneering communications organizations to disclose the identity of donors, the amount contributed, and the purpose of each expenditure.
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was introduced on Jan. 7. 
  • Florida S1848: This bill would prohibit a public agency from requiring 501(c)(3) nonprofits to provide the public agency with personal information or otherwise compel the release of personal information. This bill would not apply to any report or disclosure required for campaign financing under chapter 106 or lobbying under chapter 11.
    • Primary emphasis: Privacy
    • Republican sponsorship
    • This bill was introduced on Jan. 7. 
  • Indiana SB0134:  This bill would require donations from a nongovernmental organization to a state agency or local unit of government to be listed in a separate line item in the budget of the state or local unit of government.The budget line item described in subdivision must specify each individual state employee or local government employee, whichever is applicable, whose salary is funded in whole or in part from the donated money.
    • Primary emphasis: Disclosure
    • Republican sponsorship
    • This bill was referred to committee on Jan. 4. 
  • Maine LD1754: This bill amends the law requiring contributors giving more than $100,000 to a political action committee or ballot question committee to file a statement with the Commission on Governmental Ethics and Election Practices. The proposed changes would: 1) Exempt political action committees and ballot question committees already registered with the commission from filing the major contributor report; 2) Permit a major contributor to request a modification of the requirement to disclose its 5 largest sources of income in the previous 6 months; and 3) Clarify the enforcement provisions regarding potential violations and the factors the commission must consider for each potential violation.
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Jan. 12. 
  • Maine LD1782: This bill would prohibit a ballot question committee from making contributions to a candidate or political action committee if the contributed funds are derived, in whole or in part, from a business entity. 
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Jan. 12. 
  • Maryland HB93: This bill would require candidates for municipal office and homeownder’s associations to submit reports of all contributions and expenditures to the state, to appoint a committee treasurer, maintain records of all donations and expenditures, and retain those records for a period of two years.  It would prohibit a candidate from accepting any donations unless they disclose all donations and disbursements in accordance with these guidelines.
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Jan. 12. 
  • Maryland SB15: This bill would allow the state board of elections to impose a civil penalty for failure to report and maintain a record of campaign contributions. It would also prohibit an individual from running for office or becoming the treasurer of a campaign committee if they fail to pay a civil penalty under this section. 
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Jan. 12. 
  • Missouri HB2312: This bill would prohibit candidate committees from accepting cash donations larger than $100, contributions made on behalf of another person, anonymous contributions of more than $25, and contributions from out-of-state committees. Anonymous contributions cannot exceed $500 or one percent of the aggregate amount of all contributions the committe receives in the same calendar year, whichever is greater. The bill also requires recipients to disclose the name and address of the actual source of each contribution and to disclose sponsors in print and digital advertisements. 
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was introduced on Jan. 10.
  • Nebraska LB370: This bill would prohibit a public agency from disclosing identifying information about a nonprofit’s donors.
    • Primary emphasis: Privacy
    • Unknown sponsorship
    • This bill was referred to committee on Jan. 5.
  • Nebraska LB8: This bill would change the statutory definition of an “independent expenditure.” It would also alter reporting requirements for independent expenditures and electioneering communications.
    • Primary emphasis: Disclosure
    • Unknown sponsorship
    • This bill was referred to committee on Jan. 11.
  • Nebraska LB733: This bill would prohibit a foreign national, directly or indirectly, from making a contribution to a ballot question committee or for a ballot question committee to solicit, accept, or receive such a contribution.
    • Primary emphasis: Disclosure
    • Unknown sponsorship
    • This bill was referred to committee on Jan. 10.
  • Nebraska LB734: This bill would prohibit contributions to a candidate committee totaling more than $5,000 during an election period. A candidate committee would be required to refund any contribution exceeding $5,000 within ten days after receipt. Committees would have to report such contribution on subsequent campaign statements disclosing the name and address of the contributor, the amount received, the date of receipt, and the date returned.
    • Primary emphasis: Disclosure
    • Unknown sponsorship
    • This bill was referred to committee on Jan. 10.
  • Nebraska LB858:  This bill would prohibit the secretary of state, election commissioners, and county clerks from soliciting, accepting, or using any grants or donations from any private entity for preparing for, administering, or conducting an election.
    • Primary emphasis: Disclosure
    • Unknown sponsorship
    • This bill was referred to committee on Jan. 11.
  • New Hampshire SB302: This bill would prohibit public agencies and bodies from disclosing any information that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support, to any nonprofit organization. It would also ban government entities from requiring a nonprofit to disclose information about its donors. 
    • Primary emphasis: Privacy
    • Bipartisan sponsorship
    • This bill was referred to committee on Jan. 5.
  • New Hampshire SB348: This bill would prohibit contributions made on behalf of another individual, from a labor union or affiliate of a labor union, or from an anonymous source. It would also establish maximum limits on contributions from any single individual or entity. 
    • Primary emphasis: Disclosure
    • Republican sponsorship
    • This bill was referred to committee on Jan. 5.
  • New York A00064: This bill would require district attorney candidates to disclose campaign contributions from law firms that represent defendants in criminal proceedings.
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Jan. 5.
  • New York A00447: This bill would require that identifying information be reported for intermediaries’ contributions  to political candidates or committees.
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Jan. 5.
  • New York A01383: This bill would require financial disclosure of certain political contributions elected officials make, including statewide executives, state legislators, and New York City officials.
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Jan. 5.
  • New York S00352: This bill would require that identifying information be reported for intermediaries’ contributions to political candidates or committees.
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Jan. 5.
  • New York S00840: This bill would establish reporting requirements for transition and inaugural entities.
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Jan. 5.
  • New York S00941: This bill would require district attorney candidates to disclose campaign contributions from law firms that represent defendants in criminal proceedings.
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Jan. 5.
  • New York S01464: This bill would require that state legislators who receive contributions for the payment of legal services disclose the identities of donors.
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Jan. 5. 
  • New York S02637: This bill would require that any statement of campaign receipt that includes a contribution from a limited liability corporation disclose the name of that corporation’s registered agent (or, absent that, another person).
    • Primary emphasis: Disclosure
    • Republican sponsorship
    • This bill was referred to committee on Jan. 5. 
  • New York S03090: This bill would require that identifying information be reported for intermediaries’ contributions to political candidates or committees.
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Jan. 5. 
  • Rhode Island H7033: This bill would require candidates to file campaign disclosure reports for all elections, including races in which the candidate ran unopposed.
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Jan. 10. 
  • Virginia HB174: This bill would prohibit contributions to a candidate’s campaign committee from out-of-state residents and persons or committees with a candidate, treasurer, or custodian of books who does not reside in the district in which the candidate is seeking election if the contribution exceeds 75 percent of the total contributions received by the candidate’s campaign committee. It would also require contributions from a single person or committee that are directed through another person or committee to be considered contributions from the same original contributor.  
    • Primary emphasis: Disclosure
    • Republican sponsorship
    • This bill was introduced on Jan. 10.
  • Virginia HB71: This bill would prohibit a candidate, campaign committee, or political committee from soliciting or accepting a contribution from any public utility or political committee a public utility has established.
    • Primary emphasis: Disclosure
    • Republican sponsorship
    • This bill was introduced on Jan. 4.
  • Virginia SB111: This bill would prohibit a candidate from soliciting or accepting a contribution from a person or committee in excess of $25,000 per election. It would also require contributions from a single person or committee that are directed through another person or committee to be considered contributions from the same original contributor.  
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Jan. 6.
  • Virginia SB44: This bill would prohibit a person, campaign committee, or political committee from soliciting or accepting a contribution of more than $20,000 from any one campaign committee of a candidate for governor, lieutenant governor, attorney general, or the General Assembly in any one candidate election cycle.
    • Primary emphasis:  Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Dec. 28, 2021.
  • Virginia SB45: This bill would prohibit a candidate, campaign committee, or political committee from soliciting or accepting a contribution from any public utility or political committee a public utility has established.
    • Primary emphasis: Disclosure
    • Democratic sponsorship
    • This bill was referred to committee on Dec. 28, 2021.
  • Wisconsin AB819: This bill would prohibit referendum committees from accepting contributions from foreign nationals.
    • Primary emphasis: Disclosure
    • Bipartisan sponsorship
    • This bill was referred to committee on Jan. 6.
  • Wisconsin SB795: This bill would prohibit referendum committees from accepting contributions from foreign nationals.
    • Primary emphasis: Disclosure
    • Bipartisan sponsorship
    • This bill was referred to committee on Dec. 17, 2021.