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Campaign Finance:
Contribution & Expenditure Limits
Prepared by: Lisa Nuss
October 2008
Contribution Limits
Expenditure Limits
Voluntary Limits
Ballot Measures
Public Financing
Tax Credits
Contribution Limits
Staff Contact
In VanNatta v. Keisling, 324 Or. 514; 931 P.2d 770 (1997), the court
found that campaign contributions are a form of speech protected by the
Oregon Constitution. Article 1, section 8 of the constitution provides:
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Average
$7,500
Senate
3,600
House
3,298
High
$55,900
(NY)
21,340
(OH)
21,340
Low
$500
250
250
Expenditure Limits
As noted above, the U.S. Supreme Court has found
that expenditure limits violate the US Constitution.
The Oregon Supreme Court came to the same
conclusion in its landmark expenditures case, Deras
v. Myers, 272 Or. 47, 535 P.2d 541 (1975). The court
affirmed this ruling in VanNatta v. Keisling, stating
that expenditures are forms of expression in
essentially the same way that a candidates personal
appeal for votes is an expression and therefore
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Voluntary Limits
Ballot Measure 9 (1994) included a voluntary
spending limits program that the Oregon Supreme
Court upheld in VanNatta v. Keisling. The court
found that the scheme of voluntary limits, disclosing
who opts in, and reporting those that violate their
pledge did not violate Article I, section 8.
Ballot Measures
On the federal level, the trend is that courts do not
find that contributions for ballot measures present
the same risk of corruption as for candidates. In
2007, the Ninth Circuit Court of Appeals noted,
neither the Supreme Court nor this court has found
an interest sufficiently important to justify limits on
contributions to ballot measure campaigns.
(Citizens v. City of San Diego, 474 F.3d 647 (9th Cir.
2007). That case involved the City of San Diego,
and the court found the city must provide evidence
of a sufficient interest, such as corruption, to justify
limits to recall committees.
Because the Oregon Supreme Court found that the
state constitution may not justify limiting
contributions to candidates, it would be difficult to
see the court upholding those limits for ballot
measures.
Public Financing
Half of the states provide some form of public
financing, although many programs are limited in
scope and provide only partial funding. Revenue for
these programs is generated from a range of sources
including income taxpayer check-offs, legislative
appropriations, sale of unclaimed property, fees, and
surcharges.
In all cases, participation is optional. Candidates
who participate agree to abide by spending limits
and to limit or cease raising private contributions.
[Source: National Conference of State Legislatures]
The U.S. Supreme Court upheld the federal concept
of public financing, stating its permissible to
condition acceptance of public funds on an
agreement to limit expenditures
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Tax Credits
ORS 316.102 provides a tax credit for political
contributions ($50 for individuals/$100 if file
jointly). For the most recent tax year (2006),
taxpayers claimed $6 million in tax credits, paid
from the General Fund. The amount varies with
political cycles but $12 million per biennium is a
good average. [Source: Legislative Revenue Office]
Staff Contacts
Lisa Nuss,
Committee Counsel
Legislative Committee Services
503-986-1667
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