TITLE 2
LEGISLATION & ELECTIONS
Title 2 outlines procedures and regulations governing the nomination and election of candidates and the initiative and referendum process for City elections.
Changes to Title 2 are needed to conform to recent changes in State law and to conform to current practice.
SUMMARY OF CHANGES
Chapter 2.02 General Provisions
[New Chapter]
▪ Consolidates sections from Chapters 2.04 & 2.08 that apply to both initiative and referendum & candidate nomination and election processes.
2.02.010 Definitions
[Previously 2.04.010 & 2.08.010]
▪ Updates and adds missing definitions ("Referendum Petition" and "Statement of Understanding")
Chapter 2.02
GENERAL PROVISIONS
(New Chapter Added by Ordinance
No. _____, effective ______________.)
Sections:
2.02.010 Definitions.
2.02.020 City Elections Officer.
2.02.030 Campaign Finance Regulations.
2.02.040 Applicability of State Law; Limitations.
2.02.050 Computation of Dates.
2.02.010 Definitions.
As used in this title, unless the context requires otherwise:
A. "Auditor" means the Auditor of the City of Portland, or designee.
B. "City Elections Officer" means the Auditor, or designee.
C. "Elector" or "Eligible Elector" means a person qualified to vote who is a resident of the City and a legal registered voter of the City and state of Oregon.
D. "General Election" means the statewide election held on the first Tuesday after the first Monday in November of each even-numbered year.
E. "Initiative Petition" means a petition to initiate a measure for which a prospective petition has been filed but that is not yet a measure.
F. "Measure" means any city legislation, advisory question, property tax levy, tax base, or bond measure proposed for adoption, amendment, revision, repeal or referral through the initiative or referendum procedures prescribed by this title.
G. "Nonpartisan" means not representing any national or state political party, committee or convention or acting for any political party. All City elected offices are nonpartisan.
H. "Perfected Petition" or "Petition" means the information, including signatures and other identification of petition signatures, required to be contained in a completed petition.
I. "Primary Election" means the statewide election held the third Tuesday in May of each even-numbered year.
SUMMARY OF CHANGES
2.02.020 City Elections Officer
[Previously 2.08.030]
▪ Moved to new general provisions chapter.
▪ 2.08.030 E. moved to 2.08.120 E.
2.02.030 Campaign Finance Regulations
[NEW]
▪ Clarifies City's reliance on state campaign finance regulations
2.02.040 Applicability of State Law; Limitations
[Previously 2.04.020 & 2.08.020]
▪ Consolidates information relating to initiative & referendum petitions and nomination and election of candidates
J. "Prospective Petition" means the information, except signatures and other identification of petition signers, required to be contained in a completed petition.
K. "Referendum Petition" means a petition to refer a measure for which a prospective petition has been filed but that is not yet a measure.
L. "Regular Election" means the biennial statewide primary or general election date.
M. "Special Election" means any election at which a measure is submitted to the electors or candidates are nominated or elected on a date other than a regular election date.
N. "Statement of Understanding" means a document provided by the Auditor and signed by the Chief Petitioner of a prospective petition indicating receipt of all forms and requirements necessary to file a perfected petition.
2.02.020 City Elections Officer.
A. The Auditor, or designee, shall serve as the City Elections Officer.
B. The City Elections Officer may accept for filing and verify elections documents, maintain elections registers and historical records, prepare and publish a voters' pamphlet, and prepare and publish an election notice.
C. All documents involving filing as a candidate, organizing a principal campaign committee or a political action committee, reporting campaign contributions, filing an initiative, referendum or recall petition, and preparing and forwarding a measure for the election ballot shall be filed with the City Elections Officer.
D. The City Elections Officer shall verify the sufficiency of the content and form of the documents and shall immediately stamp the date and time of receipt on the documents. The City Elections Officer's review does not include verification of factual representations contained in submitted documents or verification that filings are free of substantive legal defects.
2.02.030 Campaign Finance Regulations.
Campaign finance regulations, procedures and forms shall be governed by state law.
2.02.040 Applicability of State Law; Limitations.
A. The provisions of this title and the City Charter shall prevail over any conflicting provisions of state law relating to the exercise of initiative and referendum powers and matters subject to legislation by the City.
SUMMARY OF CHANGES
2.02.050 Computation of Dates
[Previously 2.04.170]
▪ Adds reference to official City holidays to avoid confusion
B. The procedures for nominating and electing city officers shall be as provided by state law, the City Charter, and this title.
C, All elections for city officers shall be held at the same time and place as elections for state and county officers in accordance with state law, except in the case of a special election to fill a vacancy in office or providing a runoff for two candidates nominated at a general election or special nominating election.
D. Except as otherwise provided in the Charter or this title, the Auditor shall maintain and preserve all documents related to an election matter for the retention period prescribed by state law. The Auditor shall retain nominating petitions and declarations of candidacy for six years after the election.
E. An emergency ordinance shall not be subject to the referendum process; however, the City Attorney shall be consulted by the Auditor prior to refusal to accept a referendum petition.
2.02.050 Computation of Dates.
A. The filing deadline shall be 5 p.m. on the date the document or fee is due unless the deadline falls on a Saturday, Sunday or other legal holiday specified in ORS 187.010, in which case the due date shall be the next business day at 5 p.m. Documents will be accepted after 5 p.m. if the document is physically in the office at 5 p.m.
B. In computing the due date for documents due X months prior to an election date, the time is computed by using months; e.g. if the document is due six months prior to an election date which is November 6, it must be filed on or before May 6 at 5 p.m. If May 6 is a Saturday, Sunday or holiday, the provisions in 2.02.050 apply.
SUMMARY OF CHANGES
Chapter 2.04 Initiative & Referendum Procedures
2.04.010 Definitions
[Moved to 2.02.010]
Chapter 2.04
INITIATIVE AND REFERENDUM
PROCEDURES
(New Chapter Substituted by Ord.
No. 163790, Jan. 16, 1991.)
Sections:
2.04.030 Pre-election Publication.
2.04.040 Submission of Measure to Voters.
2.04.050 Prospective Petition.
2.04.055 One Subject Determination.
2.04.060 Ballot Title; Publication; Legal Effect.
2.04.070 Legal Challenge to Ballot Title.
2.04.080 Circulation of Petition.
2.04.090 Filing Deadlines, Percentage Requirements and Signature Verification.
2.04.100 Council Action; Competing Measure and Certification.
2.04.120 Measures Referred by the Council.
2.04.125 Advisory Questions Referred by Council.
2.04.130 Election Dates; Special Election.
2.04.140 Ballot Designations.
2.04.150 Computation of the Vote.
2.04.160 Effective Date.
SUMMARY OF CHANGES
2.04.020 Applicability of State Law; Limitations
[Moved to 2.02.020]
2.04.030 Pre-election Publication
[No change]
2.04.040 Submission of Measures to Voters
▪ Includes reference to signature requirements for petitions
2.04.030 Pre-election Publication.
No City voters pamphlet shall be required for an election subject to this chapter unless the Council directs it specifically.
2.04.040 Submission of Measures to Voters.
A. Council Submission of Measures
1. A measure may be submitted to the legal voters of the City by resolution of the Council. No petition is required.
2. An advisory question, measure or proposition may be submitted to the voters by resolution of the Council. No petition is required. The vote shall not enact the matter into law, preclude the Council from adopting an ordinance enacting the matter into law, or require the Council to enact the measure into law.
B. Elector’s Submission of Petition on Legislation
1. A petition initiating or referring city legislation may be submitted by electors. The petition shall comply with the requirements of Section 2.04.050 and meet the signature requirements of Section 2.04.090.
SUMMARY OF CHANGES
2.04.050 Prospective Petition
▪ Updates to conform to state law and current practice
2.04.050 Prospective Petition.
A. The chief petitioner(s) shall file a prospective petition with the Auditor prior to circulating the petition. The petition shall be in a form required by the Auditor.
B. State law with regard to the form of the petition shall apply except that the City shall provide on the form a place for the chief petitioners to state at which election date the measure is to be placed on the ballot.
1. In the case of an initiative petition:
a. The chief petitioners shall specify the date at which the measure shall be submitted to the voters. The specified election date shall be a regular election date within two years and four months of the time the prospective petition is filed with the Auditor.
b. Each signature sheet shall contain the caption of the ballot title.
c. A full and correct copy of the legislation to be initiated must also be submitted with the prospective petition.
2. In the case of a referendum petition:
a. Each signature sheet shall contain the title, and charter section or ordinance number or section numbers proposed for referral and the date it was adopted by Council.
b. A full and correct copy of the legislation to be referred must also be submitted with the prospective petition.
3. If one or more persons will be paid for obtaining signatures of electors on the petition, each signature sheet shall contain a notice stating: "Some Circulators For This Petition Are Being Paid."
C. The Auditor shall provide each chief petitioner with a “Statement of Understanding” and with a copy of each of the forms and requirements listed on the Statement. A Statement of Understanding signed by each chief petitioner shall be a prerequisite to acceptance of the petition.
D. Prospective petitions which meet the requirements of Sections 2.04.050 A., B., and C. shall be accepted by the Auditor. The Auditor shall inscribe the date of filing upon the petition. The Auditor shall forward two copies to the City Attorney for the preparation of a ballot title not later
SUMMARY OF CHANGES
2.04.055 One Subject Determination
[NEW]
▪ Details process currently performed by Auditor and required by ORS
2.04.060 Ballot Title; Publication; Legal Effect
▪ Updated to conform to state requirements regarding form of ballot title.
▪ Includes statement that preparation of ballot title does not constitute an opinion as to legal merit.
▪ Details difference in process between citizen petitions & council referrals
than the sixth business day after the prospective petition is filed with the Auditor.
2.04.055 One Subject Determination.
A. The Auditor shall determine in writing no later than the fifth business day after receiving a prospective initiative petition whether the petition meets the requirements of Section 1(2)(D), Article IV of the Oregon Constitution.
B. If the Auditor determines that the prospective initiative petition meets the requirements, the Auditor shall publish the ballot title as required in Section 2.04.060, including a statement that the petition has been determined to meet the requirements of Section 1(2)(D), Article IV of the Oregon Constitution.
C. If the Auditor determines that the initiative petition does not meet the requirements, the Auditor shall immediately notify the petitioner of the determination in writing by certified mail, return receipt requested.
D. Any elector dissatisfied with a determination of the Auditor under Section 2.04.055 A. may petition the circuit court to overturn the determination as provided by state law.
2.04.060 Ballot Title; Publication; Legal Effect.
A. The City Attorney shall prepare a ballot title within five business days after receiving the prospective petition from the Auditor, or in the case of measures referred by Council, within five business days of the request. The ballot title shall comply with the requirements of state law. The purpose of the ballot title is to accurately describe the proposed measure, and does not constitute an opinion as to whether the proposed measure is free of legal defects.
B. The ballot title shall consist of:
1. A caption of not more than 10 words which reasonably identifies the subject matter of the petition.
2. A question of not more than 20 words which plainly phrases the chief purpose of the measure so that an affirmative response to the question corresponds to an affirmative vote; and
3. A concise and impartial statement of not more than 175 words summarizing the measure and its major effects.
SUMMARY OF CHANGES
2.04.070 Legal Challenge to Ballot Title
[Portion moved to new 2.04.080]
▪ Separates legal challenge of ballot title from circulation of petition
▪ Adds new language regarding legal challenges allowed under state law
2.04.080 Circulation of Petition
[Portion moved from 2.04.070]
▪ Conforms to state law and current practice
▪ Updated to comply with Measure 26 (ban on pay per signature)
C. In the case of a prospective petition, the City Attorney shall transmit the ballot title to the Auditor who shall inscribe the date of receipt on it and shall:
1. Transmit a copy of the petition and the ballot title to one of the chief petitioners; and,
2. Publish in the next available edition of a newspaper of general circulation in the City, a notice of receipt of the ballot title, that an elector may file a petition for review of the ballot title, and the date by which the appeal must be filed.
D. Ballot titles for measures referred by Council shall be published by the Auditor as provided in Section 2.04.120 B.
2.04.070 Legal Challenge to Ballot Title.
A ballot title filed with the Auditor by the City Attorney or adopted by the City Council may be challenged as provided by state law.
2.04.080 Circulation of Petition.
A. The Auditor shall certify the petition to one of the chief petitioners for circulation at the conclusion of the seventh business day after the ballot title is received from the City Attorney or immediately upon final adjudication as prescribed by the court, except a referendum petition which is found by the Auditor to satisfy the provisions of Section 2.04.050 may be circulated prior to the preparation of the ballot title.
B. The Auditor shall advise the chief petitioner in writing that the preparation of the ballot title by the City Attorney and certification of the petition by the Auditor does not certify that the proposed measure is a proper matter for the initiative or referendum process or that it is legal or free of legal defects.
C. Each copy of the petition which is circulated shall consist of a cover page including the ballot title and the text of the legislation being initiated or referred backed with the signature sheet. If the text of the legislation is too lengthy to fit on the cover sheet, each person obtaining signatures on the petition shall carry at least one full and correct copy of the measure to be initiated or referred and shall allow any person to review a copy upon request.
D. Each elector signing the petition shall do so by affixing the elector’s signature to the signature sheet. Space shall also be available on the signature sheet for the elector's, printed name, residence address, precinct number, and date of signing.
SUMMARY OF CHANGES
2.04.090 Filing Deadlines, Percentage Requirements and Signature
Verification
▪ Minor changes for clarity
E. No signature sheet shall be circulated by more than one person. Each signature sheet shall contain a certification signed by the circulator that each elector who signed the sheet did so in the circulator’s presence and to the best of the circulator’s knowledge, each elector signing the sheet is a legal voter of the City and that compensation received by the circulator, if any, was not based on the number of signatures obtained for this petition.
2.04.090 Filing Deadlines, Percentage Requirements and Signature Verification.
A. The Auditor shall not accept a petition for signature verification which does not satisfy the requirements of this chapter and other applicable law. Petitions shall be verified in the order in which they are filed with the Auditor.
B. A petition shall not be accepted for signature verification unless it contains at least 100 percent of the required number of signatures.
C. In computing the required number of signatures, the required number shall be a percentage, as provided in this section, of the highest number of votes cast at the previous general election for any one city office.
D. An initiative petition shall:
1. Be filed with the Auditor for signature verification no less than four months before the election date specified on the petition. Failure to meet this filing deadline shall render the petition void.
2. Be signed by a number of electors equal to or greater than 15 percent of the highest number of votes cast at the preceding general election for any one city office.
E. A referendum petition shall:
1. Be filed with the Auditor for signature verification no later than 30 days after passage of the ordinance sought to be referred, however, it must be submitted to the Auditor at least four months before an election date in order to be placed on the ballot for that election. The four months submission requirement may be waived if the Auditor can complete the signature verification process and meet the counties’ elections filing deadlines, and the provisions of Section 2.04.130 B. are satisfied.
SUMMARY OF CHANGES
2.04.100 Council Action; Competing Measure & Certification
▪ Minor changes for clarity
2. Be signed by a number of legal voters equal to or greater than 10 percent of the highest number of votes cast at the preceding general election for any one city office, except that a petition signed by 2,000 registered voters shall be sufficient to call a referendum upon any franchise ordinance.
F. Upon acceptance of the petition, the Auditor shall arrange for verification of the validity of the signatures with the County Elections Officers. Verification may be performed by random sampling in a manner approved by the Secretary of the State of Oregon.
G. The Auditor shall complete the verification process within 30 days after receipt of the petition and shall advise a chief petitioner whether the petition qualifies to be submitted to the voters.
H. A date shall be placed on the petition or on a certificate attached to the petition which shows the date the verification process was completed. Measures which qualify for placement on the ballot shall be certified by the Auditor as meeting the requirements of this chapter and shall be submitted to the Council for action as provided by 2.04.100. The Auditor shall certify to the County Elections Offices each measure which qualifies for placement on the ballot, unless the measure has been enacted by the Council.
2.04.100 Council Action; Competing Measure and Certification.
A. The Auditor shall file with the Council each initiative and referendum measure submitted by the electors which qualifies for placement on the ballot for action by the Council as follows:
1. The Council may adopt an ordinance which codifies an initiative measure proposing a change to the City code. The Council shall act by a non-emergency ordinance not later than the 30th day after the measure has been certified by the Auditor for Council action and not later than the date the measure must be certified to the County for placement on the ballot. Approval of the ordinance shall void the initiative petition.
2. The Council may repeal an ordinance provision which is the subject of a referendum petition. The Council shall act by a non-emergency ordinance not later than the 30th day after the measure has been certified by the Auditor for Council action and not later than the date the measure must be certified to the County for placement on the ballot. Repeal of the referred ordinance provision shall void the referendum petition.
B. All measures involving charter language which qualify for placement on the ballot shall be submitted to the voters.
SUMMARY OF CHANGES
2.04.120 Measures Referred by the Council
▪ Changes to conform to current practices and decrease confusion
▪ Includes reference to ORS & City requirements for ballot titles
C. The Council may refer a competing measure, however, it shall prepare the measure not later than the 30th day after the measure has been filed with the Auditor for signature verification.
2.04.120 Measures Referred by the Council.
A. Preparation of Ballot Title and Resolution; Effective Date.
1. Prior to final Council action on a measure to be referred to the electors, an elected City official shall submit a resolution and ballot title to the Council Clerk for placement on the Council agenda. The ballot title may be prepared by:
a. the City Attorney at the request of the Council or elected official;
b. the Council; or
c. an elected City official.
If the City Attorney is asked by the Council or an elected official to prepare the ballot title and resolution, the ballot title and resolution shall be transmitted to the Council or elected official within five business days of the request, unless a longer time period is specified by the Council or elected official.
2. The ballot title shall comply with the requirements of Section 2.04.060 B.
3. A measure shall be placed on the ballot if the Council enacts a resolution directing that a measure be placed on the ballot.
4. A measure shall be considered referred under this section as of the date the Council adopts the resolution directing placement of the measure on the ballot.
SUMMARY OF CHANGES
2.04.125 Advisory Questions Referred by the Council
[NEW]
▪ These rarely happen but are allowed by Code
▪ Separates advisory questions from measures to avoid confusion
B. Publication. Upon referral of the measure as outlined in Section 2.04.120 A., the Auditor shall publish in the next available edition of a newspaper of general circulation in the City, a notice of receipt of the ballot title, that an elector may file a petition for review of the ballot title, and the date by which the appeal must be filed.
C. Legal Challenge to Ballot Title.A ballot title adopted by Council may be challenged as provided by state law.
2.04.125 Advisory Questions Referred by Council.
A, Preparation of Ballot Title and Resolution; Effective Date.
1. Prior to final Council action on an advisory question to be referred to the electors, an elected City official shall submit a resolution and ballot title to the Council Clerk for placement on the Council agenda. The ballot title may be prepared by:
a. the City Attorney at the request of the Council or elected official;
b. the Council; or
c. an elected City official.
If the City Attorney is asked by the Council or an elected official to prepare the ballot title and resolution, the ballot title and resolution shall be transmitted to the Council or elected official within five business days of the request, unless a longer time period is specified by the Council or elected official.
2. The ballot title shall comply with the requirements of Section 2.04.060 B.
3. An advisory question shall be placed on the ballot if the Council enacts a resolution directing that a measure be placed on the ballot.
4. An advisory question shall be considered referred under this Section as of the date the Council adopts the resolution directing placement of the question on the ballot.
SUMMARY OF CHANGES
2.04.130 Election Dates; Special Election
▪ Minor changes for clarity
▪ Includes dates that Council referred measures & advisory questions are placed on ballot
2.04.140 Ballot Designations
▪ Removes outdated references to polling place elections
▪ Adds advisory questions
▪ Section name changed to better reflect subject
B, Publication. Upon referral of the measure as outlined in Section 2.04.125 A, the Auditor shall publish in the next available edition of a newspaper of general circulation in the City, a notice of receipt of ballot title, that an elector may file a petition for review of the ballot title, and the date by which the appeal must be filed.
C. Legal Challenge to Ballot Title. A ballot title adopted by Council may be challenged as provided by state law.
2.04.130 Election Dates; Special Election.
A. An initiative measure shall be placed on the ballot at the primary or general election date specified on the petition.
B. A referendum measure shall be placed on the ballot at the next primary or general election unless the Council finds that the public interest in a prompt resolution of the question outweighs the costs associated with a special election. If the Council chooses not to place the matter on the ballot at the next primary or general election, the Council may call for a special election at the next available date or call for a special election at an election date when other measures are on the ballot thus reducing the cost.
C. A measure or advisory question referred by Council shall be placed on the election ballot specified in the resolution directing the measure or question to be referred to the voters. This shall be a primary or general election date, unless the Council finds that the public interest in a prompt resolution of the question outweighs the costs associated with a special election. If the Council chooses not to place the matter on the ballot at the next primary or general election, the Council may call for a special election at the next available date or call for a special election at an election date when other measures are on the ballot thus reducing the cost. If no date is specified in the Council resolution, the measure shall be placed on the ballot at the next available primary or general election.
2.04.140 Ballot Designations.
SUMMARY OF CHANGES
2.04.150 Computation of the Vote
▪ Includes reference to "Double Majority" requirement for tax measures
2.04.160 Effective Date
▪ Minor changes for clarity
A Measures referred by the Council shall be designated on the ballot “Referred to the People by the City Council.”
B. Advisory questions referred by the Council shall be designated on the ballot "Advisory Question Referred to the People by the City of Portland."
C. Measures proposed by referendum petition shall be designated on the ballot “Referred by Petition of the People.”
D. Measures proposed by initiative petition shall be designated on the ballot “Proposed by Initiative Petition.”
2.04.150 Computation of the Vote.
A. No measure shall be adopted unless it receives an affirmative majority of the total number of votes.
B. A measure that falls under the requirements of Article 11, Section11 (8) of the Oregon Constitution shall be adopted only if it receives an affirmative majority of the total number of votes and:
1. At least 50 percent of registered voters of the City cast a ballot; or
2. The election is a general election in an even-numbered year.
C. If there are two or more measures on the ballot on the same subject or containing conflicting provisions, the measure receiving the greatest number of affirmative votes shall be the measure adopted.
2.04.160 Effective Date.
A. The Auditor shall submit the abstract of votes for each measure from the County Elections office to the Council within 30 days after the date of the election. The Mayor shall issue a proclamation giving the number of votes cast for or against a measure and declare the approved measure as the law on the effective date of the measure. If two or more approved measures contain conflicting provisions, the Mayor shall proclaim which is paramount, as provided by Section 2.04.150 B. .
B. An initiative or referendum measure adopted by the electors shall take effect upon proclamation by the Mayor unless the measure expressly provides a different effective date.
SUMMARY OF CHANGES
2.04.170 Computation of Dates
[Moved to 2.02.050]
SUMMARY OF CHANGES
Chapter 2.08 Nomination & Election of Candidates
2.08.010 Definitions
[Moved to 2.02.010]
Chapter 2.08
NOMINATION AND ELECTION OF
CANDIDATES
(New Chapter substituted by Ord. No.
167654, May 18, 1994.)
Sections:
2.08.040 City Offices.
2.08.050 Qualifications of Candidates.
2.08.060 Filing as a Candidate for Office.
2.08.070 Filing by Declaration of Candidacy.
2.08.080 Filing by Nominating Petition
2.08.090 Withdrawal of Candidate Before certification to County.
2.08.100 Register of Candidates for primary Election.
2.08.110 Statement of Candidates & Measures for Primary and General Elections Ballots.
2.08.120 Post-Election Procedures for Primary and General Election.
2.08.130 Tie Vote.
2.08.140 Candidate Elected by Write-in Vote.
2.08.150 Withdrawal after Nomination.
2.08.160 Filling Vacancy in Nomination.
2.08.170 Recall.
SUMMARY OF CHANGES
2.08.020 Applicability of State Law
[Moved to 2.02.040]
2.08.030 City Elections Officer
[Moved to 2.02.020]
SUMMARY OF CHANGES
2.08.040 City Offices
▪ Adds reference to applicable Charter Chapter 3, Article 1
2.08.050 Qualification of Candidates
▪ Adds requirements for Auditor per Charter
2.08.040 City Offices.
A. All elective city offices shall be nonpartisan. Petitions or declarations of candidacy shall contain no reference to any political party affiliation. No reference to any political party affiliation shall be included in any notice, voters’ pamphlet, ballot or other elections publication concerning a city candidate.
B. The Mayor, Auditor and Commissioners shall be nominated at the Primary Election and elected at the General Election, subject to provisions in Charter Section 2-206 and Chapter 3, Article 1 concerning filling vacancies in office and provisions in Chapter 2.08.160 concerning absence of a nominee after the Primary Election. A City candidate who receives a majority of the votes cast for that office at the Primary Election shall run as the sole nominee in the General Election. If no candidate receives a majority, the two candidates receiving the most votes for that office will run in the General Election. In case no nomination is made at the Primary Election, nominations may be made at the General Election, and any candidate receiving a majority of votes shall be deemed elected at the General Election.
2.08.050 Qualifications of Candidates.
A. Eligible electors filing for city offices shall meet the qualifications for elected officials described in Charter Section 2-202. The candidate shall be a citizen of the United States and of the State of Oregon, and a registered voter in the City of Portland who shall have been a resident of the City of Portland or of an area which has become part of the City prior to filing the declaration of candidacy or petition for nomination, for a period of not less than one year immediately preceding the nominating election.
B. In addition to the requirements of Section 2.08.050 A., candidates for Auditor must at the time of filing a declaration of candidacy or a nominating petition, be a Certified Public Accountant, Certified Internal Auditor, or Certified Management Accountant and remain certified as such throughout the term of office, if elected.
SUMMARY OF CHANGES
2.08.060 Filing as a Candidate for Office
[Portions moved to 2.08.070 & 2.08.080]
▪ Minor changes for clarity
▪ Fees moved to 2.08.070
▪ Discussion of signatures moved to 2.08.080
2.08.070 Filing by Declaration of Candidacy
[Portion previously in 2.08.060]
▪ Changes to conform to current practice and state law
▪ Section name changed to better reflect subject
C. The City Elections Officer shall reject the filing for candidacy if the City Elections Officer finds that a candidate is not a registered voter in the City of Portland, would otherwise be unable to qualify as an officer if elected, or if the filing is not in compliance with the law or the requirements of this Chapter in any other way.
2.08.060 Filing as a Candidate for Office.
A. An eligible elector may become a candidate for nonpartisan office by filing a declaration of candidacy accompanied by a filing fee or by filing a nominating petition.
B. A nominating petition or declaration of candidacy shall contain the name of only one candidate.
C. No person shall file a nominating petition or declaration of candidacy for more than one lucrative office on the ballot at the same time. If a person has filed for another office, the person shall first withdraw the prior filing before a nominating petition or declaration of candidacy shall be accepted.
D. A nominating petition or declaration of candidacy shall be filed within the time period prescribed by state law.
2.08.070 Filing by Declaration of Candidacy.
A. The Declaration of Candidacy shall be accompanied by the filing fee.
1. $50 for the office of the Mayor.
2. $30 for the office of Commissioner or Auditor.
B. A Declaration of Candidacy shall be on a Filing of Candidacy form provided by the Auditor as prescribed by state law and shall provide qualifications and fees for city candidates. It shall include:
SUMMARY OF CHANGES
2.08.080 Filing by Nominating Petition
[Portion previously in 2.08.060]
▪ Changes to conform to current practice and state law
▪ Section name changed to better reflect subject
1. The candidate’s name and the manner in which the name should appear on the ballot;
2. The candidate’s residence and mailing addresses and other contact information;
3. The candidate’s county of residence;
4. The position and position number, if applicable, for which the candidate seeks nomination;
5. A statement of the candidate’s occupation, educational and occupational experience and prior government experience;
6. A statement the candidate will accept nomination or election;
7. A statement the candidate will qualify if elected;
8. A statement the required fee is included with the declaration; and
9. The candidate’s signature.
C. The Filing of Candidacy form shall state pursuant to ORS 260.715 that any person who supplies any information on the form, knowing it to be false, is subject upon conviction to imprisonment in the penitentiary for up to five years or to a fine of $100,000 or both; and pursuant to ORS 249.013 that no person shall file a nominating petition or declaration of candidacy for more than one lucrative office before the date of the primary election unless the person first files a written withdrawal with the officer who accepted the initial filing.
2.08.080 Filing by Nominating Petition
A. As an alternative method of filing as a candidate without the expense of the filing fee, a candidate may file a nominating petition. A nominating petition shall contain no fewer than 100 original signatures of electors registered in the City of Portland.
B, Before circulating a nominating petition, the candidate shall file with the City Elections Officer a prospective petition signed by the candidate. The prospective petition shall be a copy of the signature sheet intended for circulation and filing, a statement whether petition circulators will be paid or unpaid, a Filing of Candidacy form.
SUMMARY OF CHANGES
2.08.090 Withdrawal of Candidate before Certification to County.
▪ Changes to conform to state law (remove requirement for notary)
2.08.100 Register of Candidates for Primary Election
[No Change]
The copy of the signature sheet shall be in the form prescribed by state law and signed by the candidate.
C. The Filing of Candidacy form shall be on a form provided by the Auditor as prescribed by state law and shall provide qualifications and signature requirements for city candidates. It shall include the items listed in Section 2.08.070 B. 1. - 7., and 9. and 2.08.070 C. It shall also include a statement that the required prospective petition forms are included with the declaration.
D, No petition shall be circulated for signatures without the approval of the prospective petition by the City Elections Officer.
E. After circulating the petition, the candidate shall submit to the City Elections Filing Officer the signature sheets including no less than 100 percent of the required signatures and the circulator’s signed certification on each signature sheet that all signatures were obtained in the circulator’s presence and the circulator believes the signatures to belong to eligible electors.
F. Upon receipt of signature sheets containing the required number of signatures, the City Elections Officer shall arrange for verification of the validity of the signatures with the County Elections Officers.
G. Upon verification of the validity of 100 signatures, the candidate shall file the perfected petition, including a Declaration of Candidacy labeled “perfected petition” with the City Elections Officer.
H. Any eligible elector may sign a nominating petition of any candidate for nonpartisan city office.
2.08.090. Withdrawal of Candidate before Certification to County.
A candidate who has filed a Declaration of Candidacy or nominating petition may withdraw as a candidate provided the withdrawal is made by the deadline prescribed by state law and the withdrawal is made on a form provided by the City Elections Officer and signed by the candidate under oath. If the withdrawal is filed before the statutory deadline, the City Elections Officer shall refund any filing fee.
2.08.100. Register of Candidates for Primary Election.
The City Elections Officer shall keep a register of candidates for nomination at the primary election. The register shall contain the title of each office, the name and residence mailing address of each candidate for nomination at the primary election, the date of filing of the prospective petition for nomination of the candidate, the date of filing of the perfected petition for nomination, the date of filing of the declaration of candidacy, and such other information as may aid the City Elections Officer to provide the Multnomah County Elections Officer with information for the official ballot for the primary election.
SUMMARY OF CHANGES
2.08.110 Statement of Candidates & Measures for Primary & General
Election
[No Change]
2.08.120 Post-Election Procedures for Primary & General Elections
[Portion previously in 2.08.030]
▪ Write in procedures moved from 2.08.030 E
2.08.110. Statement of Candidates & Measures for Primary and General Elections Ballots.
A. The City Elections Officer shall file with the Multnomah County Elections Officer a statement of the candidates’ names as they will appear on the ballot, the city offices for which candidates are to be nominated or elected, and city measures to be voted on, including the ballot title for each measure. The City Elections Officer shall file this statement no later than the deadline prescribed by state law for notification to county offices.
B. The City shall reimburse the County for expenses incurred in changing the ballot if the City Elections Officer makes changes after the deadline for filing the statement with the County.
2.08.120. Post-Election Procedures for Primary and General Elections
A. Upon receipt of the abstract of the vote tally for nominated or elected officers and measures from the County, the City Elections Officer shall act as follows no later than 30 days after the election.
B. The City Elections Officer shall:
1. Prepare a register of nominations, including the name of each candidate nominated, the position for which the candidate was nominated, and the date of entry;
2. Proclaim to the City Council the candidates nominated or elected and the measures approved;
3. Proclaim which measure is paramount if approved measures contain conflicting provisions; and
4. Prepare and deliver to each candidate a certificate of nomination or election, provided each candidate has filed financial statements relating to the election that the candidate is required to file under ORS 260.058 and 260.068.
C. The certificate is primary evidence of nomination or election. No candidate shall take the oath of office before receiving a certificate of election from the City Elections Officer. The City Elections Officer shall not grant a certificate of nomination or election to any candidate until the candidate has filed the statements relating to the election that the candidate is required to file under ORS 260.058 and 260.068.
SUMMARY OF CHANGES
2.08.130 Tie Vote
[No Change]
2.08.140 Candidate Elected by Write-in Vote
[No Change]
2.08.150 Withdrawal after Nomination
▪ Changes to conform to state law (remove requirement for notary)
2.08.160 Filling Vacancy in Nomination
[No Change]
D. A contested election and recount of votes for any City office shall be determined according to state law regulating these proceedings.
E. Any write-in candidate for a city office who wishes a tally of votes shall file a written request for the tally with the City Elections Officer. The City Elections Officer shall forward the request to the Multnomah, Clackamas and Washington County Elections Officers. The request shall be filed with the City Elections Officer by the deadline prescribed in state law.
2.08.130. Tie Vote.
After a recount of the vote, if two candidates have an equal and highest number of votes at the General Election, the Auditor shall have the candidates meet publicly to decide by lot who is elected after providing notice to the candidates and public.
2.08.140. Candidate Elected by Write-in Vote.
An individual nominated or elected by write-in votes shall sign and file a form indicating that the individual accepts the nomination or office before the City Elections Officer may issue a certificate of nomination or election. The form shall be provided by the City Elections Officer.
2.08.150. Withdrawal after Nomination.
Any person who has been nominated at a nominating or Primary Election may withdraw from nomination by filing a statement declining the nomination and stating the reasons for withdrawal. The request for withdrawal shall be on a form provided by the City Elections Officer and signed by the candidate under oath before the City Elections Officer no later than the deadline prescribed by state law.
2.08.160. Filling Vacancy in Nomination.
A. If the only candidate nominated to a nonpartisan office dies, withdraws, is removed or disqualified or becomes ineligible before the deadline for filing statements with the County, the nomination process shall be initiated and candidates for the office shall file nominating petitions in the manner provided for nonpartisan office. The General Election shall serve as the nominating election. The City Elections Officer shall consult with the Secretary of State in adopting a schedule for filing nominating petitions and subsequent elections documents.
B. If a candidate nominated under the provisions of this Chapter receives a majority of the votes cast for the office at the General Election, that candidate shall be deemed elected. If no nominee receives a majority of the vote at a nominating election held at a General Election, the two candidates receiving the highest number of votes shall be in a runoff election, and the candidate receiving a majority of the votes shall be the winner. Any special runoff election required by this Chapter shall be according to provisions of Charter Section 2-206 for filling vacancies in office.
SUMMARY OF CHANGES
2.08.1700 Recall
[No Change]
2.08.170. Recall.
Procedures and forms for a recall petition and election shall be according to state law.