State v. Moyer

200 P.3d 619, 225 Or. App. 81, 2009 Ore. App. LEXIS 16
CourtCourt of Appeals of Oregon
DecidedJanuary 7, 2009
Docket040935104 A128796 (Control) 040935105 A128797 040935106 A128798
StatusPublished
Cited by4 cases

This text of 200 P.3d 619 (State v. Moyer) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Moyer, 200 P.3d 619, 225 Or. App. 81, 2009 Ore. App. LEXIS 16 (Or. Ct. App. 2009).

Opinions

[84]*84LANDAU, J.

Defendants were charged with violating ORS 260.402 (2003),1 which provides, in essence, that it is unlawful to lie about the source of political campaign contributions. Defendants demurred to the indictment on the ground that the statute, on its face, violates various provisions of the state and federal constitutions, in particular, the free speech guarantees of Article I, section 8, of the Oregon Constitution and the First Amendment to the United States Constitution. The trial court allowed the demurrer on the ground that the statute violates both state and federal constitutional guarantees of freedom of expression. The state appeals, arguing that the trial court erred in concluding that the statute is unconstitutional. We agree with the state and reverse and remand.

I. FACTS

Because this appeal comes to us on the allowance of a demurrer, the only relevant facts are those alleged in the indictment. State v. Illig-Renn, 341 Or 228, 230 n 2, 142 P3d 62 (2006). The first count of the indictment in this case stated:

“The said defendants THOMAS PAUL MOYER and VANESSA COLLEEN KASSAB, on or about May 16, 2003, in the County of Multnomah County, State of Oregon, did unlawfully and knowing[ly] make a contribution to a candidate, in relation to his campaign for election to public office, in a name other than * * * that of the person who in truth provided the contribution, to-wit: by making a contribution of $2,500 in the name of VANESSA KASSAB’ to Jim Francesconi in support of his campaign for the Mayor of Portland, contrary to the statutes in such cases made and provided and against the peace and dignity of the State of Oregon[.]”

(Boldface and uppercase in original.) The second count asserted the same charge against defendants Moyer and Tune for a $2,000 contribution in the name of “Sonja Tune.”

[85]*85Defendants demurred and moved to dismiss the indictment, contending that ORS 260.402, the statute that defines the offense, is, on its face, an unlawful restraint on speech and political association and is also impermissibly vague and overbroad, all contrary to limitations on legislation contained in the state and federal constitutions. The trial court allowed the demurrer. The trial court explained that it agreed with defendants that the statute violates the state and federal guarantees of freedom of expression. According to the trial court, “political contributions are clearly speech,” and the challenged statute equally clearly regulated it without the safe harbor of a historical exception to the protections afforded by constitutional free speech guarantees. The trial court disagreed with defendants that the statute is unconstitutionally vague.

On appeal, the state argues that the trial court erred in concluding that ORS 260.402 is facially unconstitutional under Article I, section 8, of the Oregon Constitution. The state also asserts that ORS 260.402 is constitutional under the First Amendment to the United States Constitution under the principles articulated in Buckley v. Valeo, 424 US 1, 96 S Ct 612, 46 L Ed 2d 659 (1976).

Defendants submit that ORS 260.402 violates Article I, section 8, and the First Amendment because it makes it a crime to engage in speech of a particular content— a political contribution in a false name — and because the statute cannot be narrowed to restrict only the effects of conduct not protected under either Article I, section 8, or the First Amendment. Moreover, defendants cross-assign error and contend that the statute is too vague to be enforced under either the federal or state constitution.

II. ANALYSIS

We begin with a brief description of the challenged statute and the framework of election law of which it is an integral part. We then turn to an analysis of defendants’ state constitutional claims, before turning to defendants’ federal constitutional contentions. See MacPherson v. DAS, 340 Or 117, 125-26, 130 P3d 308 (2006) (Oregon courts analyze state constitutional challenges before turning to federal constitutional challenges).

[86]*86A. Oregon election campaign finance statutes

ORS 260.055(1) provides that all political candidates and treasurers for political committees must “keep detailed accounts” of contributions received and expenditures made by or on behalf of the candidate or the political committee. At various points during an election cycle, the candidates and political committees are required to file statements of such contributions and expenditures with the appropriate “filing officer.” E.g., ORS 260.058 (statements of candidates and principal campaign committees for elections other than general elections); ORS 260.063 (statements of political committees other than principal campaign committees for elections other than general elections); ORS 260.068 (statements of candidates and principal campaign committees for general elections); ORS 260.073 (statements of political committees other than principal campaign committees for general elections); ORS 260.076 (statements of legislative officials or candidates for legislative office).

Any contribution from a person or campaign committee “that contributed an aggregate amount of more than $50” must be listed in the statement individually, along with the contributor’s name, address, and occupation. ORS 260.083(l)(a). “The statement may list as a single item the total amount of other contributions, but shall specify how those contributions were obtained.” Id.

The filing officer is required to review the statements of contributions and expenditures and notify candidates or committees who have failed to file statements as required or who have failed to file statements that comply with all statutory requirements. ORS 260.205; ORS 260.215. Failure to file a proper statement of contributions and expenditures can lead to a court order compelling such a proper filing, ORS 260.225

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Related

State v. Moyer
230 P.3d 7 (Oregon Supreme Court, 2010)
Bernard v. Elections Division of the Office of the Secretary of State
211 P.3d 321 (Court of Appeals of Oregon, 2009)
BERNARD FOR COM'R v. Elections Div.
211 P.3d 321 (Court of Appeals of Oregon, 2009)
State v. Moyer
200 P.3d 619 (Court of Appeals of Oregon, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
200 P.3d 619, 225 Or. App. 81, 2009 Ore. App. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-moyer-orctapp-2009.