Oregon ballot measures 46 and 47 were two ballot measures presented as a single package to voters; 46 would have amended the Constitution to allow limitations on campaign financing (heavily favoring popular vote, and requiring a 75% vote for such changes in the Legislature); and 47 detailed specific limitations. While Measure 47 passed, 46 did not, and in the absence of the kind of Constitutional support it would have provided, 47 did not take effect.

Measure 46

Oregon Ballot Measure 46 would have amended the Oregon Constitution

Oregon Constitution

The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of...

 to allow laws to be passed or amended that would prohibit or limit contributions and expenditures of any kind to influence the outcome of any election. Under the measure, laws could be passed that prohibit or limit how much an individual or entity can give to a candidate for state or local (but not federal) office or other political campaign and how much an individual, entity, candidate or other political campaign can spend to influence the outcome of any state or local election.

At present the free speech guarantee in the state Constitution, Article 1, section 8, does not allow laws that prohibit or impose involuntary limits on political campaign contributions or expenditures in elections for state or local public office. Under this measure, the Oregon legislature or voters by initiative would have had the authority to restrict or limit political campaign contributions and expenditures, subject to federal law.

If it had passed, the measure would have required a three-fourths (3/4) vote of both the Oregon Senate and the Oregon House of Representatives to amend previously enacted laws, or pass new laws, prohibiting or limiting political campaign contributions or expenditures. Ordinarily, a simple majority vote of both the Oregon Senate and Oregon House is required to amend existing laws or pass new laws. Under the measure, voters by a simple majority could have adopted new laws or amend existing laws prohibiting or limiting political campaign contributions or expenditures.

The measure would not have applied to elections for federal offices, which are President of the United States

President of the United States

The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

, United States Senator, and United States Representative

United States House of Representatives

The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

. Federal law does not currently allow states to prohibit or limit contributions or expenditures for or against ballot measures. The measure would not affect the free speech guarantee under the First Amendment

First Amendment to the United States Constitution

The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

 of the United States Constitution

United States Constitution

The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

.

Arguments in favor

Supporters of the measure argued that corporate money and moneyed interests had a corrupting and undue influence on elected officials and the legislative process. SUpporters argued that measures 46 and 47 were campaign finance reform that would drive out mostly out-of-state contributions that they felt had corrupted the political system. Among the supporters was FairElections Oregon, a coalition of Oregon groups and people working on campaign finance reform. The coalition included:

• Sierra Club
  Sierra Club
  The Sierra Club is the oldest, largest, and most influential grassroots environmental organization in the United States. It was founded on May 28, 1892, in San Francisco, California, by the conservationist and preservationist John Muir, who became its first president...
  
   of Oregon
• OSPIRG (Oregon State Public Interest Research Group)
• Alliance for Democracy
• Physicians for Social Responsibility
• Pacific Green Party
  Pacific Green Party
  The Pacific Green Party of Oregon is a political party in the U.S. state of Oregon. It is a member of the Green Party of the United States.The party first gained widespread public attention during Ralph Nader's presidential campaign in 2000....
  
  
• Democratic Party
  Democratic Party (United States)
  The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
  
   of Clackamas County
• Oregon Gray Panthers
  Gray Panthers
  The Gray Panthers was an organization in the United States founded by Maggie Kuhn in 1970, in response to her forced retirement at age 65. The group focused on health and other issues....
  
  
• Northwest Progressive Community
• Health Care for All Oregon
• Universal Health Care for Oregon
• First Unitarian Church
  First Unitarian Church
  First Unitarian Church or First Unitarian Society, or variants thereof, may refer to the following:*First Unitarian Church , listed on the NRHP in California...
  
  , Economic Justice Action Group

Arguments in opposition

Numerous groups organized in opposition to the measure, even while many supported the overall goal of campaign finance reform. The main arguments against measures 46 and 47 were that measures went too far in amending Oregon's Constitution and would undermine free speech protections. In addition, it was argued that while well intentioned, it was too unclear what the long-term effects of the measure would be on the electoral system in Oregon. Groups which came out in opposition to the measure were:

• Oregon AFSCME
• ACLU of Oregon
• American Federation of Teachers
  American Federation of Teachers
  The American Federation of Teachers is an American labor union founded in 1916 that represents teachers, paraprofessionals and school-related personnel; local, state and federal employees; higher education faculty and staff, and nurses and other healthcare professionals...
  
  -Oregon
• Basic Rights Oregon
  Basic Rights Oregon
  Basic Rights Oregon is an American nonprofit gay rights organization based in Portland, Oregon. It is the largest advocacy, education, and political organization working in Oregon to end discrimination based on sexual orientation and gender identity. BRO has twelve full-time staff, a contract...
  
  
• Ecumenical Ministries of Oregon
• Eugene Springfield Solidarity Network
• NARAL Pro-Choice
  NARAL Pro-Choice America
  NARAL Pro-Choice America , formerly the National Association for the Repeal of Abortion Laws, then National Abortion Rights Action League, and later National Abortion and Reproductive Rights Action League, is an organization in the United States that engages in political action to oppose...
  
   Oregon
• Oregon Action
• Oregon AFL-CIO
  AFL-CIO
  The American Federation of Labor and Congress of Industrial Organizations, commonly AFL–CIO, is a national trade union center, the largest federation of unions in the United States, made up of 56 national and international unions, together representing more than 11 million workers...
  
  
• Oregon Education Association
  Oregon Education Association
  The Oregon Education Association is the largest public education employees' union in the U.S. state of Oregon, representing more than 46,000 teachers and classified personnel. It has local affiliates in each of the state's 199 public school districts, and 8 community colleges...
  
  
• Oregon School Employees Association
• Our Oregon
• Planned Parenthood
  Planned Parenthood
  Planned Parenthood Federation of America , commonly shortened to Planned Parenthood, is the U.S. affiliate of the International Planned Parenthood Federation and one of its larger members. PPFA is a non-profit organization providing reproductive health and maternal and child health services. The...
  
   Advocates of Oregon
• SEIU/OPEU Locals 49 and 503
• Stand for Children

Election results

Measure 46 was rejected but Measure 47 passed by 53-47 percent. The Oregon Secretary of State and Attorney General have refused to enforce Measure 47, event though no court has found any of it to be unconstitutional. The chief petitioners on Measure 47 and others have sued the Oregon Secretary of State and Attorney General to compel them to implement and enforce Measure 47. The case is currently before the Oregon Court of Appeals.

Measure 47

Oregon Ballot Measure 47 would have limited or prohibited certain political campaign contributions and expenditures. The measure would have applied to all elections for state and local offices but not to ballot measures or candidates for federal offices.

Current law requires reporting of certain contributions and expenditures, but does not limit contributors, contributions to, or expenditures for public office candidates. Measure limits individual contributions to candidates, political committees, "small donor committees," political parties, with annual cap for all contributions; limits political committee, political party contributions to candidates and each other; allows unlimited contributions by "small donor committees" (accepting only individual contributions not exceeding $50 annually). Prohibits corporate, union, organizational contributions and expenditures except through political committees funded solely by individuals. Prohibits candidate loans. Limits: candidate's spending to own candidacy; "independent expenditures" (defined) by individuals, political entities, organizations. Establishes: new disclosure, reporting requirements; procedure for increasing measure's limits to comply with state and federal constitutions. Unspent candidate funds revert to state. Other provisions.

Specific provisions of the measure

Under this measure:

• Corporations and labor unions may not contribute to candidates, political committees or political parties.
• Limits on contributions to candidates apply separately to primary and general elections. An individual may not contribute more than $500 per election regarding candidates for any particular statewide office or more than $100 per election regarding candidates for any non-statewide office.
• Per year, an individual may not contribute more than $50 to any single small donor committee, more than $500 to any other single political committee, more than $2,000 in aggregate to a political party, or more than $2,500 in aggregate contributions.
• A political committee may not contribute more than $2,000 per election regarding candidates for any particular statewide office or more than $400 per election regarding candidates for any non-statewide office. During a calendar year, a political committee may not contribute an aggregate amount exceeding $2,000 to a political party.
• A small donor committee accepting only contributions of $50 or less per individual per year may contribute any amount to candidates, political committees and political parties.
• A political party finance committee may not contribute more than $50,000 per election regarding candidates for any particular statewide office or more than $10,000 per election regarding candidates for any particular non-statewide office. A political party may have unlimited finance committees.
• A candidate may not contribute to the candidate's own campaign more than $50,000 per election for statewide office or $10,000 per election for other office. The candidate may contribute 50% more if the candidate is not the incumbent. A candidate who contributes more than $5,000 to the candidate's own campaign must report all subsequent candidate contributions within three business days and disclose in every paid communication the amount the candidate contributed.
• A candidate may not make loans to the candidate's own campaign.
• A corporation, labor union or other entity may not make independent expenditures supporting or opposing a candidate or political party.
• An individual may not make independent expenditures exceeding $10,000 per calendar year.
• Advertisements funded by independent expenditures must disclose the names and businesses of persons who contributed $1000 or more toward the expenditure.
• Persons whose independent expenditures exceed $200 per year must report the expenditures.
• A corporation or labor union may establish a political committee consisting only of contributions from individuals.
• An individual whose contributions exceed $500 per year must obtain a unique identifier from the Secretary of State and list it with subsequent contributions. The Secretary of State must report these individuals' campaign contributions on the Internet, which committees and candidates must monitor to avoid penalties.
• Some unobligated funds of candidate committees may forfeit to the State of Oregon, after each election cycle.
• Courts are directed to modify limits if necessary to comply with federal or state Constitutions.
• Civil fines and citizen actions to enforce the measure are provided.

Election results

Measure 46 was rejected but Measure 47 passed by 53-47 percent. The Oregon Secretary of State and Attorney General have refused to enforce Measure 47, event though no court has found any of it to be unconstitutional. The chief petitioners on Measure 47 and others have sued the Oregon Secretary of State and Attorney General to compel them to implement and enforce Measure 47. The case is currently before the Oregon Court of Appeals.