Chapter 2.02
GENERAL PROVISIONS
(New Chapter added by Ordinance
No. 177200, effective February 21, 2003,)
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.
(Amended by Ordinance No. 179258, effective June 17, 2005.) As used in this title, unless the context requires otherwise:
A. "Auditor" means the Auditor of the City of Portland, or designee.
B. "Candidate" means an individual whose name is or is expected to be printed on the official ballot.
C. "City Elections Officer" means the Auditor, or designee.
D. "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.
E. "General Election" means the statewide election held on the first Tuesday after the first Monday in November of each even-numbered year.
F. "Initiative Petition" means a petition to initiate a measure for which a prospective petition has been filed but that is not yet a measure.
G. "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.
H. "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.
I. "Perfected Petition" or "Petition" means the information, including signatures and other identification of petition signatures, required to be contained in a completed petition.
J. "Primary Election" means the statewide election held the third Tuesday in May of each even-numbered year.
K. "Prospective Petition" means the information, except signatures and other identification of petition signers, required to be contained in a completed petition.
L. "Referendum Petition" means a petition to refer a measure for which a prospective petition has been filed but that is not yet a measure.
M. "Regular Election" means the biennial statewide primary or general election date.
N. "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.
O. "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.
(Amended by Ordinance No. 179258, effective June 17, 2005.) Campaign finance regulations, procedures and forms shall be governed by state law and this title.
2.02.040 Applicability of State Law; Limitations.
(Amended by Ordinance No. 179258, effective June 17, 2005.)
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.
B. The procedures for nominating and electing city officers shall be as provided by state law, the City Charter, and this title.
C. The campaign finance system and reporting requirements for city candidates, political committee, and chief petitioners shall be as provided by state law, the City Charter, and this title.
D. 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.
E. 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.
F. 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.
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.
2.04.010 Definitions.
(Repealed by Ordinance No. 177200, effective February 21, 2003.)
2.04.020 Applicability of State Law; Limitations.
(Repealed by Ordinance No. 177200, effective February 21, 2003.)
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.
(Amended by Ordinance No. 177200, effective February 21, 2003.)
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.
2.04.050 Prospective Petition.
(Amended by Ordinance No. 177200, effective February 21, 2003.)
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 than the sixth business day after the prospective petition is filed with the Auditor.
2.04.055 One Subject Determination.
(Added by Ordinance No. 177200, effective February 21, 2003.)
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.
(Amended by Ordinance No. 177200, effective February 21, 2003.)
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.
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.
(Amended by Ordinance No. 177200, effective February 21, 2003.) 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.
(Added by Ordinance No. 177200, effective February 21, 2003.)
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.
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.
(Amended by Ordinance Nos. 177200 and 178799, effective November 5, 2004.)
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 number of electors registered in the city on the date of the primary municipal election immediately preceding the date the prospective petition is filed.
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 9 percent of the number of electors registered in the city on the date of the primary municipal election immediately preceding the date the prospective petition is filed.
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.
2. Be signed by a number of legal voters equal to or greater than 6 percent of the number of electors registered in the city on the date of the primary municipal election immediately preceding the date the prospective petition is filed, 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.
(Amended by Ordinance No. 177200, effective February 21, 2003.)
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.
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.
(Amended by Ordinance No. 177200, effective February 21, 2003.)
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.
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.
(Added by Ordinance No. 177200, effective February 21, 2003.)
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.
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.
(Amended by Ordinance No. 177200, effective February 21, 2003.)
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.
(Amended by Ordinance No. 177200, effective February 21, 2003.)
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.
(Amended by Ordinance No. 177200, effective February 21, 2003.)
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.
(Amended by Ordinance No. 177200, effective February 21, 2003.)
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.
2.04.170 Computation of Dates.
(Repealed by Ordinance No. 177200, effective February 21, 2003.)
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.
2.08.010 Definitions.
(Repealed by Ordinance No. 177200, effective February 21, 2003.)
2.08.020 Applicability of State Law.
(Repealed by Ordinance No. 177200, effective February 21, 2003.)
2.08.030 City Elections Officer.
(Repealed by Ordinance No. 177200, effective February 21, 2003.)
2.08.040 City Offices.
(Amended by Ordinance Nos. 177200 and 178799, effective November 5, 2004.)
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 and elected subject to provisions in Charter Section 2-206 and Charter Chapter 3, Article 1 concerning filling vacancies in office and provisions in Code Chapter 2.08.160 concerning absence of a nominee after the Primary Election. If a City candidate receives a majority of the votes cast for an office at the Primary Election, the candidate shall be elected. If no candidate receives a majority of the votes cast for the office at the Primary Election, the two candidates receiving the highest number of votes for that office shall appear on the General Election ballot. The candidate receiving the majority of votes cast at the General Election shall be elected. 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.
(Amended by Ordinance No. 177200, effective February 21, 2003.)
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.
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.
(Amended by Ordinance No. 177200, effective February 21, 2003.)
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.
(Amended by Ordinance Nos. 173369 and 177200, effective February 21, 2003.)
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:
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
(Amended by Ordinance No. 177200, effective February 21, 2003.)
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. 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.
(Amended by Ordinance No. 177200, effective February 21, 2003.) 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.
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
(Amended by Ordinance No. 177200, effective February 21, 2003.)
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.
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.
(Amended by Ordinance No. 177200, effective February 21, 2003.) 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.
2.08.170 Recall.
Procedures and forms for a recall petition and election shall be according to state law.
Chapter 2.10
CAMPAIGN
FINANCE FUND
(New Chapter added by Ordinance
No. 179258, effective June 17, 2005.)
Sections:
2.10.010 Definitions.
2.10.020 Management and Administration of Campaign Finance Fund.
2.10.030 Citizen Campaign Commission.
2.10.040 Contents of Campaign Finance Fund.
2.10.050 Seed Money, Prior Campaign Debt, In-Kind Contributions and Volunteer Work-Hours.
2.10.060 Declaration of Intent to Seek Certification and Agreement to Comply with Provisions of Chapter 2.10.
2.10.070 Qualifying Period, Contributions and Requirements.
2.10.080 Certification of Candidates.
2.10.090 Limitations on Use of Campaign Finance Fund Revenues.
2.10.100 Timely Distribution of Funds.
2.10.110 Campaign Spending Limits for Certified Candidates.
2.10.120 Full Disclosure of Campaign Expenditures and Contributions, Including Seed Money, Qualifying Contributions and In-Kind Contributions.
2.10.130 Disclosure Requirements for Nonparticipating Candidates.
2.10.140 Independent Expenditure Disclosure Requirements.
2.10.150 Limited Matching Funds.
2.10.160 Return of Unspent Funds to Campaign Finance Fund.
2.10.170 Adequate Funding.
2.10.180 Adjustments for Inflation and Population Growth.
2.10.190 Political Advertisement Disclosure Requirements for Certified Candidates.
2.10.200 Communication of Participation Status to Voters.
2.10.210 Withdrawal of Certified Candidate, Repayment of Funds.
2.10.220 Civil Penalties, Revocation of Certification, Repayment of Funds.
2.10.230 Hearings.
2.10.010 Definitions.
(Amended by Ordinance No. 179535, effective August 24, 2005.)
A. "Campaign Finance Fund" or "Fund" means the fund established in Section 2.10.020.
B. "Certified Candidate" means a Candidate for nomination or election to City Office who chooses to participate in the Campaign Finance Fund and who is certified under Section 2.10.080.
C. "Citizen Campaign Commission" or "Commission" means the commission established in Section 2.10.030.
D. "City Office" means the elected offices of Mayor, Commissioner and Auditor.
E. “Clearly Identified” means:
1. The name of the Candidate involved appears;
2. A photograph or drawing of the Candidate appears; or
3. The identity of the Candidate is apparent by unambiguous reference.
F. "Contribute" or "Contribution" means:
1. Payment, loan, gift, forgiving of indebtedness, or furnishing without equivalent compensation or consideration, of money, services other than personal services for which no compensation is asked or given, supplies, equipment or any other thing of value:
a. For the purpose of influencing an election for public office or an election on a measure, or of reducing the debt of a Candidate for nomination or election to public office or the debt of a Political Committee; or
b. To or on behalf of a Candidate, Political Committee or measure.
2. Any unfulfilled pledge, subscription, agreement or promise, whether or not legally enforceable, to make a Contribution.
G. "Determination Letter" means the letter sent to a Candidate by the Auditor:
1. Advising whether the Candidate is eligible for certification as outlined in Section 2.10.080 C.; or
2. Advising whether the Candidate is eligible to receive Matching Funds as outlined in Section 2.10.150 G.
H. "Exploratory Period" means the period beginning on the 21st day after the biennial general election and ending the day before the start of the Qualifying Period defined in 2.10.010 U.
I. "Expenditure" means the payment or furnishing of money or anything of value, or the incurring or repayment of indebtedness or obligation, by or on behalf of any Person, Candidate or Political Committee in consideration for any services, supplies, equipment, or other thing of value performed or furnished for any reason, including support of or opposition to a Candidate, Political Committee or measure, or for reducing the debt of a Candidate for nomination or election to public office. “Expenditure” includes Contributions made by a Candidate or Political Committee to or on behalf of any other Candidate or Political Committee.
"Expenditure” does not include:
1. Any written news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine or other regularly published publication, including internet based publications, unless a Candidate for City Office or Political Committee filed with the City Elections Officer owns the facility;
2. Any loan of money made by a financial institution, as defined in ORS 706.008, other than any overdraft made with respect to a checking or savings account, if the loan bears the usual and customary interest rate for the category of loan involved, is made on a basis that assures repayment, is evidenced by a written instrument and is subject to a due date or amortization schedule. However, each indorser or guarantor of the loan shall be considered to have Contributed that portion of the total amount of the loan for which that Person agreed to be liable in a written agreement, except if the indorser or guarantor is the Candidate’s spouse;
3. Any communication a membership organization or corporation makes only to its members, shareholders or employees if the membership organization or corporation is not organized primarily for the purpose of influencing an election to office; or
4. Nonpartisan activity not referring to any Clearly Identified Candidate designed to encourage individuals to vote or to register to vote.
J. "General Election Period" means the period beginning on the 21st day after the biennial primary election and ending the 20th day after the biennial general election.
K. "Hearings Officer" means the person or persons recommended by the Citizen Campaign Commission and appointed by the City's Code Hearings Officer to review cases and make determinations as outlined in Section 2.10.230.
L. “Independent Expenditure” means any Expenditure defined by Section 2.10.010 I. that is not made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a Candidate or any agent or authorized committee of the Candidate. The term “agent” and the phrase “made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a Candidate or any agent or authorized committee of the Candidate” shall have the meanings set forth in ORS 260.005(8)(a) and (d).
An Independent Expenditure is made “in support of”, “supporting”, “in opposition to” or “opposing” a Candidate when:
1. The communication in whatever medium, including but not limited to radio, television, billboards, direct mail, handbills, bus benches, phone banks, magazines, or newspapers, expressly advocates the election or defeat of one or more Clearly Identified Candidates for City Office through use of explicit phrases, including but not limited to: “vote for,” “elect,” “support,” “Smith for Auditor,” “Jones,” “vote Pro-Environment” accompanied by a listing of Clearly Identified Candidates portrayed as Pro-Environment, “vote against,” “defeat” accompanied by a picture of one or more Candidates, or “reject”; or
2. The communication, in whatever medium, including but not limited to radio, television, billboards, direct mail, handbills, bus benches, phone banks, magazines, or newspaper:
a. refers to one or more Clearly Identified Candidates for City Office;
b. is made within (60) days before a general, primary, special, or runoff election for the office sought by the Candidate; and
c. is targeted toward Residents.
M. "In-Kind Contribution" means a good or service, other than money, having monetary value. Volunteer work hours are non-reportable other receipts and are not considered In-Kind Contributions.
N. "Matching Funds" mean revenues distributed to Certified Candidates under Section 2.10.150 in addition to the initial allocation of revenues distributed under Section 2.10.100.
O. "Nonparticipating Candidate" means a Candidate for nomination or election to City Office who does not choose to participate in the Campaign Finance Fund and who is not seeking to be certified under Section 2.10.080.
P. "Notice of Proposed Penalty" means the notice sent under Section 2.10.220 to a Person, Candidate or Political Committee determined to be in violation of Chapter 2.10.
Q. "Person" means an individual, corporation, limited liability company, labor organization, association, firm, partnership, joint stock company, club, organization, or other combination of individuals having collective capacity as defined in ORS 260.005 (14).
R. "Political Committee" means a combination of two or more individuals, or a Person other than an individual that meets the definition of Political Committee in ORS 260.005 (15).
S. "Primary Election Period" means the period beginning on the 21st day after the preceding biennial general election and ending the 20th day after the primary election.
T. "Qualifying Contribution" means a Contribution of exactly $5 in cash, or in the form of a check or a money order made payable by any Resident to the Candidate or principal campaign committee of the Candidate.
U. "Qualifying Period" means the period beginning on the first day it is possible to file as a Candidate for City Office in each odd-numbered year and ending on the 47th day immediately preceding the biennial primary election.
V. "Resident" means an individual residing within the City limits of the City of Portland.
W. "Seed Money Contribution" means a Contribution of no more than $100 made by a Person or Political Committee to a Candidate.
2.10.020 Management and Administration of Campaign Finance Fund.
A. The Campaign Finance Fund is established, separate from the General Fund. All monies described in Section 2.10.040 shall be paid and credited to the Campaign Finance Fund. Monies in the Fund shall be invested in the same manner as other City monies, and any interest earned shall be credited to the Fund.
B. The Auditor shall keep a record of all monies deposited into the Campaign Finance Fund and the activity or program against which any withdrawal is charged.
C. If monies credited to the Fund are withdrawn, transferred, or otherwise used for purposes other than the program or activity for which the Fund is established, interest shall accrue on the amount withdrawn from the date of withdrawal and until the monies are restored.
D. Monies in the Fund shall provide, and are continuously appropriated for, the financing of election campaigns of Certified Candidates for nomination or election to City Office, and the payment of administrative, enforcement, and other expenses of the Auditor in carrying out the Auditor's functions and duties under this Chapter.
E. The Auditor shall adopt rules to ensure effective administration of this Chapter. The rules shall include but are not limited to procedures and forms for:
1. Contests involving special elections, recounts, vacancies, or withdrawals, including qualification, certification, and disbursement of Campaign Finance Fund revenues and return of unspent revenues for contests;
2. Obtaining Qualifying Contributions;
3. Certification as a Certified Candidate;
4. Collection of revenues for the Campaign Finance Fund;
5. Distribution of Fund revenues to Certified Candidates;
6. Investigation and enforcement procedures for misuse of public funds;
7. Penalty matrix detailing penalties for potential violations of this Chapter;
8. Interest calculation for delinquent penalties imposed under Section 2.10.220.
9. Requests for and conduct of hearings under Section 2.10.230.
10. Criteria for determining what constitutes a valid personal emergency or mitigating circumstance;
11. Return of Fund disbursements, penalties, and other monies to the Fund;
12. Notices by Nonparticipating Candidates required under Section 2.10.130;
13. Notices of Independent Expenditures required under Section 2.10.140;
14. Inspection of reports and documents for compliance with this Chapter; and
15. Printed Advertisement Disclosure requirements under Section 2.10.190.
2.10.030 Citizen Campaign Commission
A. Purpose. The Citizen Campaign Commission is hereby created. The Commission shall:
1. Provide assistance to the Auditor and City Council in the development and implementation of the Campaign Finance Fund.
2. At the request of the Auditor, advise the Auditor on administrative judgments, recommended policy changes, administrative rule development, and operation of the Campaign Finance Fund.
3. Monitor Auditor elections and make Matching Fund decisions under Section 2.10.150 for all Candidates for Auditor if the incumbent Auditor is running for re-election.
4. Recommend to the Code Hearings Officer for appointment Hearings Officers to review cases and make determinations under Section 2.10.230.
5. Adopt such operating policies and procedures as necessary to carry out its duties.
6. Prepare and submit to the City Council a biennial report which shall contain an overview and evaluation of the Campaign Finance Fund during the previous election period.
B. Membership. The Citizen Campaign Commission shall consist of seven members who have demonstrated an interest in campaign finance funding and, insofar as possible, represent diverse interests in the community. The Auditor shall solicit applications from the Office of Neighborhood Involvement, the seven Neighborhood Coalition offices, and the general public in order to recommend nominees to Council for appointment.
C. Appointments and Terms. Citizen Campaign Commission members shall by appointed by Council and serve four-year terms starting January 1 of odd numbered years, except that three of the initial appointments shall be for two-year terms. Upon expiration of the term, a Commission member shall serve until re-appointed or replaced. If a position is vacated during a term, it shall be filled for the unexpired term. Council may replace any member of the Commission for due cause, including but not limited to malfeasance, incapacity, conflict of interest or neglect of duties.
D. Meetings, Officers and Subcommittees.
1. The Citizen Campaign Commission shall meet at least twice per year and may meet more often as otherwise necessary to conduct its business. Meetings shall be conducted in accordance with rules of procedure adopted by the Commission. Four members shall constitute a quorum. A quorum shall be necessary to make decisions that represent the position of the Commission and to conduct any other Commission responsibilities. The election of officers shall take place at the first meeting of each calendar year.
2. The officers of the Commission shall consist of a chairperson and a vice-chairperson. The chairperson shall be responsible for conducting the meetings of the committee. The vice-chairperson shall act as chair when the chairperson is not available.
3. The Commission may form subcommittees comprised of Commission members which are authorized to act on behalf of the Commission for an assigned purpose.
E. Attendance. Members of the Citizen Campaign Commission are expected to attend each meeting of the Commission. Council may replace any member who accrues unexcused absences from three or more consecutive meetings or more than 50 percent of the meetings in any year.
F. Compensation. Citizen Campaign Commission members shall serve without compensation.
2.10.040 Contents of Campaign Finance Fund.
The following shall be deposited in the Campaign Finance Fund established in Section 2.10.020:
A. An amount appropriated annually by the City Council to the Campaign Finance Fund. The amount appropriated under this subsection shall derive from the financing system developed by the Office of Management and Finance. The financing system shall limit annual impact on City funds to two tenths of one percent without raising any new taxes or fees.
B. Fund revenues distributed to a Certified Candidate that remain unspent after a primary or general election and that are returned to the Fund as provided in Section 2.10.160.
C. Fund revenues returned by any Certified Candidate who withdraws as a Certified Candidate or who withdraws as a Candidate for nomination or election as provided in Section 2.10.210, or by a Candidate whose certification has been revoked under Section 2.10.220;
D. Fund revenues delivered by any Certified Candidate against whom a civil penalty has been imposed, as described in Section 2.10.220;
E. Voluntary private contributions made directly to the Fund;
F. Civil penalties and other monies collected under Sections 2.10.220 and 2.10.230; and
G. Any amounts allocated or transferred under Section 2.10.170.
2.10.050 Seed Money, Prior Campaign Debt, In-Kind Contributions, and Volunteer Work-Hours.
A. Seed Money. Candidates who choose to participate in the Campaign Finance Fund may accept very limited private Contributions at the beginning of their campaigns called Seed Money Contributions.
1. To be eligible to become a Certified Candidate, a Candidate:
a. May not accept Seed Money Contributions except during the Exploratory and Qualifying Periods.
b. Shall not accept any Seed Money Contributions exceeding one hundred dollars from any Person or Political Committee.
c. Shall not make a Seed Money Contribution exceeding one hundred dollars from the Candidate's personal funds to the Candidate's principal campaign committee.
2. A Candidate who has filed for certification under Section 2.10.080 may not accept further Seed Money Contributions.
3. Seed Money Contributions accepted under this Section may be spent only during the Exploratory Period and the Qualifying Period. Any Seed Money Contributions not spent by the end of the Qualifying Period shall be paid to the Campaign Finance Fund or deducted from the revenues distributed by the Auditor to a Certified Candidate under Section 2.10.100.
4. The aggregate amount of Seed Money Contributions received under this Section shall not exceed an amount equal to ten percent of the applicable primary election spending limit described in 2.10.110 A.1.
B. Prior Campaign Debt. If the principal campaign committee of a Candidate seeking certification has a prior campaign debt from a previous election period in which the Candidate was not a Certified Candidate, then during the Exploratory Period only, the Candidate may accept Contributions in addition to the Seed Money Contributions, provided such Contributions and monies are used solely to retire such debt.
C. In-Kind Contributions. In addition to Seed Money, a Candidate seeking certification may accept In-Kind Contributions. The value of any Contribution received under this Subsection shall not count against the applicable limit on Seed Money Contributions described in Section 2.10.050 A.4. The aggregate amount of In-Kind Contributions received under this Subsection shall not exceed an amount equal to five percent of the applicable primary election spending limit described in Section 2.10.110 A.1. during the Primary Election Period, including the Qualifying and Exploratory Periods.
D. Volunteer Work-Hours. Volunteer work-hours are non-reportable other receipts and shall not count against the applicable limit on Seed Money Contributions described in Section 2.10.050 A.4. or the applicable limit on In-Kind Contributions described in Section 2.10.050 C. An individual may volunteer personal services to a Candidate or Political Committee without making a Contribution as long as the volunteer is not compensated by anyone for the services. However, if an individual provides services to a Candidate or Political Committee during working hours paid by a third-party employer or the Candidate, that employer of that individual thereby makes an In-Kind Contribution to the Candidate or Political Committee.
2.10.060 Declaration of Intent to Seek Certification and Agreement to Comply with Provisions of Chapter 2.10.
(Added by Ordinance No. 179258, effective September 1, 2005.)
A. A Candidate shall file a declaration of intent to seek certification as a Certified Candidate and to comply with the requirements of Chapter 2.10.
1. The declaration of intent shall be filed with the Auditor during the applicable Qualifying Period pursuant to forms and procedures adopted by the Auditor by rule.
2. A Candidate shall submit a declaration of intent prior to collecting Qualifying Contributions.
3. A Candidate shall submit a declaration of intent prior to collecting Seed Money Contributions.
4. A Candidate with a preexisting principal campaign committee shall file a detailed Contribution and Expenditure Report with the Auditor at the time of filing a declaration of intent pursuant to forms and procedures adopted by the Auditor by rule.
B. The declaration of intent shall specify that the Candidate agrees:
1. To comply with the provisions of the Campaign Finance Fund Program as outlined in Chapter 2.10;
2. To comply with the provisions of Section 2.10.190, Political Advertisement Disclosure Requirements for Certified Candidates;
3. That any money received from the Campaign Finance Fund shall not be used to retire a prior campaign debt from a previous election period.
4. That any money received from the Campaign Finance Fund shall be used only for purposes related to the Candidate's campaign for nomination or election to the City Office for which the Candidate has qualified as a Candidate in compliance with the provisions of Section 2.10.090, Limitations on Use of Campaign Fund Revenues.
5. That after filing a declaration of intent and before becoming a Certified Candidate, a Candidate may not:
a. Accept Contributions, except for Qualifying Contributions as described in Section 2.10.070, or Seed Money Contributions and In-Kind Contributions as described in Section 2.10.050 ; or
b. Make campaign Expenditures from funds other than Qualifying Contributions and Seed Money Contributions. A Candidate who has filed a declaration of intent may not make Expenditures from funds received prior to filing the declaration.
2.10.070 Qualifying Period, Contributions and Requirements.
A. To be eligible to become a Certified Candidate, a Candidate may receive and spend only Qualifying Contributions and Seed Money Contributions after filing a declaration of intent to seek certification throughout the applicable Qualifying Period.
B. To be eligible to become a Certified Candidate, a Candidate shall not make a Qualifying Contribution of more than $5 from the Candidate's personal funds to the Candidate's principal campaign committee.
C. A Candidate who has filed for certification under Section 2.10.080 may not receive further Qualifying Contributions, unless the Auditor has determined that the Candidate does not have the required number of valid Qualifying Contributions per Section 2.10.080 C. If the Candidate has been notified by the Auditor that the Candidate's filing for certification did not include the required number of Qualifying Contributions, the Candidate may continue to collect Qualifying Contributions to meet the requirement prior to the close of the Qualifying Period.
D. In order to qualify for certification under 2.10.080, Candidates must obtain Qualifying Contributions during the Qualifying Period as follows:
1. For a Candidate for nomination or election to the office of Mayor, a minimum of 1,500 Residents must make a Qualifying Contribution to the Candidate;
2. For a Candidate for nomination or election to the office of Commissioner, a minimum of 1,000 Residents must make a Qualifying Contribution to the Candidate;
3. For a Candidate for nomination or election to the office of Auditor, a minimum of 1,000 Residents must make a Qualifying Contribution to the Candidate.
E. To be eligible to become a Certified Candidate, a Candidate shall not accept any Qualifying Contributions exceeding $5 from any Resident after filing a declaration of intent to seek certification throughout the applicable Qualifying Period. A Certified Candidate shall not accept any Qualifying Contributions from non-residents.
F. To be eligible to become a Certified Candidate, a Candidate shall not accept Contributions, except for Qualifying Contributions as described in Section 2.10.070 or Seed Money and In-Kind Contributions as described in Section 2.10.050 during the applicable Qualifying Period.
G. To be eligible to become a Certified Candidate, a Candidate shall not make campaign Expenditures from funds other than Qualifying Contributions as described in Section 2.10.070 and Seed Money Contributions as described in Section 2.10.050 during the applicable Qualifying Period.
H. No payment, gift or thing of value shall be given or received in exchange for the Qualifying Contribution.
I. Prior to certification, a Candidate may return the following types of prohibited Contributions to contributors:
1. Qualifying Contributions exceeding $5 from any Resident;
2. Qualifying Contributions from non-residents;
3. Seed Money Contributions exceeding $100 from any Person or Political Committee;
4. Seed Money Contributions exceeding in aggregate an amount equal to ten percent of the applicable primary election spending limit described in Section 2.10.110 A.1.
To be eligible to become a Certified Candidate, the Contributions shall be returned to contributors prior to filing a request for certification and in accordance with administrative rules adopted by the Auditor.
2.10.080 Certification of Candidates.
A. Request for Certification. After receiving at least the minimum number of Qualifying Contributions specified in Section 2.10.070, a Candidate may file for certification with the Auditor. The request shall be filed during the applicable Qualifying Period pursuant to forms and procedures adopted by the Auditor by rule.
B. Certification Requirements. The Auditor shall determine whether the Candidate has:
1. Signed, filed and complied with the provisions of a declaration of intent to seek certification described in Section 2.10.060;
2. Received the minimum number of valid Qualifying Contributions;
3. Qualified as a Candidate for City Office by nominating petition, declaration of candidacy, or other means; and
4. Complied with all requirements applicable to Qualifying Contributions and Seed Money Contributions.
5. Accepted no Contributions, except for Qualifying Contributions as described in Section 2.10.070 or Seed Money and In-Kind Contributions as described in Section 2.10.050 during the applicable Qualifying Period.
C. Determination. The Auditor shall issue a Determination Letter to the Candidate no later than five business days after the Candidate has filed the completed forms and required information with the Auditor under this section.
1. If the Candidate has complied with the requirements of Sections 2.10.050, 2.10.060, 2.10.070 and 2.10.080, the Determination Letter shall certify the Candidate as eligible to participate in the Campaign Finance Fund.
2. If the Candidate has not complied with the requirements of Sections 2.10.050, 2.10.060, 2.10.070, and 2.10.080, the Determination Letter shall state the reasons the Candidate has not been certified and list the actions, if any, the Candidate may take to become certified.
D. A Certified Candidate shall comply with all requirements of Chapter 2.10 after certification and throughout the Primary and General Election Periods.
E. Certification determinations may be challenged under Section 2.10.230.
2.10.090 Limitations on Use of Campaign Finance Fund Revenues.
A. After becoming a Certified Candidate, a Candidate shall limit the Candidate's Expenditures to the revenues distributed to the Candidate from the Campaign Finance Fund and to remaining Qualifying and Seed Money Contributions. A Certified Candidate may not accept any other Contributions, except for Contributions described in 2.10.090 E. and F.
B. Notwithstanding ORS 260.407, all revenues distributed to Certified Candidates from the Fund shall be used only for purposes related to the Candidate's campaign for nomination or election to the City Office for which they have qualified as a Candidate.
C. Prohibited Uses. Revenues distributed to a Certified Candidate from the Campaign Finance Fund may not be:
1. Used to make any Expenditures for personal use prohibited by ORS Chapter 260 and Oregon Administrative Rules, including but not limited to:
a. Salary or payment to a Person, unless the Person is providing bona fide services to the campaign and is compensated at fair market value;
b. Admission to a sporting event, concert, theater, or other form of entertainment unless part of a specific campaign activity;
c. Dues, fees, or gratuities at a country club, health club or other recreational facility unless part of the costs of a specific fundraising event;
d. Mortgage, rent or household utility payments for any part of a personal residence;
e. Purchases of household food items or supplies; or
f. Purchase of clothing, other than items of de minimus value used in the campaign (such as t-shirts).
2. Contributed to any other Candidate, Political Committee or measure;
3. Used to make Independent Expenditures supporting or opposing any Candidate, Political Committee or measure;
4. Used in connection with the nomination or election of a Certified Candidate to any office or at any election except to the office or election for which the revenues were originally distributed;
5. Used to repay any loans, debts or penalties;
6. Used to pay for consulting services to a Person, unless the Person is providing bona fide services to the campaign and is compensated at fair market value; or
7. Used for out-of-state travel.
D. Contributions to civic and non-profit organizations from Campaign Finance Fund revenues are permitted only if the payment is for the purpose of attending a specific campaign event open to the public.
E. In addition to revenues distributed to the Candidate from the Campaign Finance Fund, a Certified Candidate may accept In-Kind Contributions subject to the following limitations.
1. During the Primary Election Period, including the Exploratory and Qualifying Periods, the aggregate amount of In-Kind Contributions received by a Certified Candidate shall not exceed an amount equal to five percent of the applicable spending limit described in 2.10.110 A.1;
2. During the General Election Period, the aggregate amount of In-Kind Contributions received by a Certified Candidate shall not exceed an amount equal to five percent of the applicable spending limit described in 2.10.110 A.2.
F. Volunteer personal services to a committee are non-reportable other receipts and shall not count against the applicable limit on In-Kind Contributions described in Section 2.10.090 E. An individual may volunteer personal services to a Candidate or Political Committee without making a Contribution as long as the volunteer is not compensated by anyone for the services. However, if an individual provides services to a Candidate or Political Committee during working hours paid by a third-party employer or the Candidate, the employer thereby makes an In-Kind Contribution to the Candidate or Political Committee.
2.10.100 Timely Distribution of Funds.
A. The Auditor shall distribute revenues in the Campaign Finance Fund to Certified Candidates for nomination to a City Office in amounts determined under Section 2.10.110, minus the total amount of Qualifying Contributions and Seed Money received by the Candidate, in the following manner:
1. Within 10 business days after certification, an amount equal to 30 percent of the amount available to the Candidate for the primary election under Section 2.10.110;
2. Within 5 business days after the 90th day immediately preceding the biennial primary election, an amount equal to 70 percent of the amount available to the Candidate for the primary election under Section 2.10.110;
3. Within 30 days after the biennial primary election, an amount equal to 30 percent of the amount available to the Candidate for the general election under Section 2.10.110; and
4. Within 5 business days after the 120th day immediately preceding the general election, an amount equal to 70 percent of the amount available to the Candidate for the general election under Section 2.10.110.
5. In the case of special elections to fill a vacancy in office, the Auditor shall establish a similar schedule by rule.
B. In the case of Candidates described in Section 2.10.100 A. who qualify as Certified Candidates on or after the 90th day immediately preceding the biennial primary election, the Auditor shall distribute revenues from the Campaign Finance Fund to the Candidate in an amount equal to 100 percent of the amount available to the Candidate for the election under Section 2.10.110, minus the total amount of Qualifying Contributions and Seed Money received by the Candidate. The revenues shall be distributed within 10 business days after certification.
C. The Auditor shall provide for distribution of Campaign Finance Fund revenues to Certified Candidates by any mechanism that is expeditious, ensures accountability, and safeguards the integrity of the Fund.
D. Except as provided in 2.10.100 E., the Auditor may extend the deadline for distributing revenues under this section in the case of a recount or other circumstance that makes distribution of revenues by a deadline specified in this section impracticable.
E. If the revenues are to be distributed to a Certified Candidate for Auditor and the Auditor is running for re-election, the Citizen Campaign Commission may extend the deadline for distributing revenues under this section in the case of a recount or other circumstance that makes distribution of revenues by a deadline specified in this section impracticable.
F. The Auditor shall not distribute revenues from the Campaign Finance Fund to Certified Candidates in excess of the total amount of monies available in the Fund.
2.10.110 Campaign Spending Limits for Certified Candidates.
A. Subject to Section 2.10.100 F., Section 2.10.160 B., and Section 2.10.110 C., and except as provided in Section 2.10.110 B., the amount of revenues to be distributed to Certified Candidates as described in Section 2.10.100 shall be:
1. For contested primary and special nominating elections:
a. $200,000 for each Candidate for nomination to the office of Mayor;
b. $150,000 for each Candidate for nomination to the office of Commissioner; and
c. $150,000 for each Candidate for nomination to the office of Auditor.
2. For general elections:
a. $250,000 for each Candidate for election to the office of Mayor;
b. $200,000 for each Candidate for election to the office of Commissioner; and
c. $200,000 for each Candidate for election to the office of Auditor.
B. For each contested primary or special nominating election, the amount of revenues to be distributed to a Certified Candidate under this section shall be reduced by an amount equal to the aggregate amount of:
1. Seed Money Contributions received by the Candidate during the applicable Exploratory and Qualifying Periods; and
2. Qualifying Contributions received by the Candidate during the applicable Qualifying Period.
C. For uncontested primary and special nominating elections where there is only one Candidate appearing on the ballot for a particular office at the primary nominating election:
1. No revenues shall be distributed to that Candidate.
2. A Certified Candidate who is the only Candidate appearing on the ballot for a particular office and has received revenues from the Fund per Section 2.10.100 shall deliver to the Auditor an amount of money equal to the revenues distributed to the Candidate from the Campaign Finance Fund no later than the filing deadline for the first pre-election statement filed under ORS 260.058 (1). This money shall be deposited by the Auditor in the Campaign Finance Fund.
2.10.120 Full Disclosure of Campaign Expenditures and Contributions, Including Seed Money, Qualifying Contributions and In-Kind Contributions.
A. All Seed Money Contributions and Qualifying Contributions received by a Certified Candidate shall be reported as Contributions on statements required by ORS 260.058 and 260.068. The Auditor by rule may provide for reporting previously reported Contributions by reference.
B. All revenues distributed to and received by a Certified Candidate from the Campaign Finance Fund shall be reported as Contributions on statements required by ORS 260.058 and 260.068.
C. If the Contribution is a Seed Money or Qualifying Contribution, the statement shall list the name, occupation and address of each individual who made the Contribution, regardless of the amount of the Contribution.
D. All In-Kind Contributions received by a Certified Candidate shall be reported as Contributions on statements required by ORS 260.058 and 260.068.
E. Notices filed under Sections 2.10.120, 2.10.130 and 2.10.140 shall be inspected by the Auditor for sufficiency.
1. The Auditor shall immediately notify a Person required to file a notice under these Sections if:
a. Upon examination of relevant materials, it appears to the Auditor that the Person has failed to file a required notice or that a notice filed with the Auditor is insufficient; or
b. A complaint is filed with the filing officer under 2.10.120 E.2.
2. An Elector may file a complaint with the Auditor that a notice filed with the Auditor is insufficient or that a Person has failed to file a required statement. The complaint shall be in writing, shall state in detail the
reasons for complaint and shall be filed with the Auditor no later than the 90th day after the date the notice about which it complains is filed or should have been filed.
F. Disclosure reports for Nonparticipating Candidates shall be filed under Section 2.10.130.
G. Disclosure reports for Independent Expenditures shall be filed under Section 2.10.140.
2.10.130 Disclosure Requirements for Nonparticipating Candidates.
A. A Nonparticipating Candidate for nomination or election to City Office shall file notice with the Auditor as provided in this Section if the Nonparticipating Candidate receives Contributions or makes Expenditures during the total period described in ORS 260.058 (1) or 260.068 (1) in an aggregate amount that exceeds the amount of revenues to be distributed to opposing Certified Candidates for the same nomination or office as specified in Section 2.10.110.
B. The notice shall describe the amount of Contributions received or Expenditures made and be in the format prescribed by the Auditor. The Auditor shall on the same business day that the notice is received:
1. Publish a copy of the notice on the Internet ; and
2. Notify each Candidate at the same election for the nomination or office described in 2.10.130 A. for whom a nominating petition, a declaration of candidacy or a certificate of nomination has been filed.
C. 1. Except as provided in Section 2.10.130 C.2., the notice shall be filed with the Auditor no later than 5:00 p.m. of the second business day after the amount of Contributions received or Expenditures made exceeds the amount described in Section 2.10.130 A.
2. During the period beginning on the first day of the accounting period for the second pre-election statement of Contributions received and Expenditures made described in ORS 260.058 and 260.068 and ending on the date of the election, the notice shall be filed with the Auditor no later than 5:00 p.m. of the next business day after the amount of Contributions received or Expenditures made exceeds the amount described in Section 2.10.130 A.
D. Following the first notice required under this Section, a separate notice is required each time a Nonparticipating Candidate receives Contributions or makes Expenditures in an aggregate amount of:
1. $7,500 or more in the case of a Candidate for nomination or election to the office of Mayor;
2. $5,000 or more in the case of a Candidate for nomination or election to the office of Commissioner; and
3. $5,000 or more in the case of a Candidate for nomination or election to the office of Auditor.
E. All reports required by this Section shall provide full and timely disclosure of all Contributions and Expenditures required to be reported. Reports shall be filed in the format prescribed by the Auditor.
F. For purposes of this Section, an Expenditure is obligated when the Expenditure is made or an agreement to make the Expenditure is made.
G. The notice shall be inspected by the Auditor for sufficiency as described in Section 2.10.120 E.
2.10.140 Independent Expenditure Disclosure Requirements.
A. A Person or Political Committee making an Independent Expenditure in an amount of $1,000 or more, or Independent Expenditures in an aggregate amount of $1,000 or more, supporting or opposing a Candidate or Candidates for nomination or election to City Office shall file notice with the Auditor as provided in this Section.
B. The notice shall be filed with the Auditor no later than 5:00 p.m. of the next business day after the funds for the Independent Expenditure or Expenditures are obligated. The notice shall:
1. Describe the amount and purpose of the Independent Expenditure or Expenditures;
2. State the name of the Candidate or Candidates the Independent Expenditure or Expenditures are intended to support or oppose; and
3. Be in the format prescribed by the Auditor.
C. The Auditor shall on the same business day that the notice is received:
1. Publish a copy of the notice on the Internet ; and
2. Notify each Candidate at the same election for the nomination or office described in 2.10.140 A. for whom a nominating petition, a declaration of candidacy or a certificate of nomination has been filed.
D. Each separate Independent Expenditure or aggregate amount of Independent Expenditures described in Section 2.10.140 A. shall require compliance with the provisions of this Section.
E. For purposes of this Section, an Independent Expenditure is obligated when the Expenditure is made or an agreement to make the Expenditure is made.
F. The notice shall be inspected by the Auditor for sufficiency as described in Section 2.10.120 E.
G. The provisions of Section 2.10.140 apply during the periods:
1. Beginning on the first day to file as a Candidate for the primary election and ending on the date of the primary election; and
2. Beginning on the day 1st day after the primary election and ending on the date of the general election.
2.10.150 Limited Matching Funds.
(Amended by Ordinance No. 179535, effective August 24, 2005.) In addition to the revenues distributed to Certified Candidates under Section 2.10.100, Certified Candidates may be eligible to apply for limited Matching Funds as follows:
A. Nonparticipating Candidate Matching Funds. If a statement filed under ORS 260.058 (1) or 260.068 (1) or a notice filed under Section 2.10.130 shows that a Nonparticipating Candidate for nomination or election to City Office has received Contributions or made Expenditures in an aggregate amount that exceeds the amount of revenues to be distributed to opposing Certified Candidates for the same nomination or office as specified in 2.10.110, any opposing Certified Candidate for the same nomination or office shall be eligible to receive an additional amount of Matching Funds as described in 2.10.150 D.
B. Independent Expenditure Matching Funds.
1. If a statement filed under ORS 260.044 or notice filed under 2.10.140 during a period described in 2.10.150 B.2. shows that the aggregate amount of Independent Expenditures made in support of or in opposition to a Candidate for nomination or election to City Office exceeds the
amount of revenues to be distributed to a Certified Candidate for nomination or election to the same office as specified in Section 2.10.110, then:
a. If the Independent Expenditures are made in support of one or more Candidates, any opposing Certified Candidate for the same nomination or office shall be eligible to receive an additional amount of Matching Funds as described in Section 2.10.150 D.; and
b. If the Independent Expenditures are made in opposition to one or more Certified Candidates, each Certified Candidate against whom the Expenditures are made shall be eligible to receive an additional amount of Matching Funds as described in Section 2.10.150 D.
2. The provisions of Section 2.10.150 B. apply during the periods:
a. Beginning on the first day to file as a Candidate for the primary election and ending on the date of the primary election; and
b. Beginning on the day 1st day after the primary election and ending on the date of the general election.
C. Combination Matching Funds. A Certified Candidate shall also be eligible to receive an additional amount of Matching Funds as described in Section 2.10.150 D. and E. if the statements or notices referred to in Sections 2.10.150 A. and B. show that any combination of the following exceeds in aggregate the amount of revenues to be distributed to the Certified Candidate under Section 2.10.110.
1. Contributions received or Expenditures made as described in Section 2.10.150 A.
2. Independent Expenditures made as described in Section 2.10.150 B. in support of an opposing Candidate.
3. Independent Expenditures made as described in Section 2.10.150 B. opposing a Certified Candidate.
No Independent Expenditures shall be counted more than once in calculating the combination described in this Subsection.
D. Matching Funds Available. Subject to Section 2.10.100 F. and 2.10.150 E., Matching Funds under this Section shall be distributed from the Campaign Finance Fund:
1. In an amount equal to the amount of Contributions or Expenditures by or on behalf of the Nonparticipating Candidate that exceeds the amount of revenues to be distributed to the Certified Candidate under Section 2.10.110;
2. In the case of Independent Expenditures made in support of a single Candidate or in opposition to a single Certified Candidate, in an amount equal to the amount of Independent Expenditures that exceeds the amount of revenues to be distributed to the Certified Candidate under Section 2.10.110; and
3. In the case of Independent Expenditures made in support of more than one Candidate or in opposition to more than one Certified Candidate, in an amount equivalent to the amount of Independent Expenditures that exceeds the amount of revenues to be distributed to the Certified Candidate under Section 2.10.110. If the Independent Expenditure is made in support of or opposition to Candidates for various offices, the amount of the expenditure eligible for Matching Funds shall only be that portion expended in support of or opposition to Candidates for the same office.
4. In an amount equal to the amount that the combination calculated under Section 2.10.150 C. exceeds the amount of revenues to be distributed to the Certified Candidate under Section 2.10.110.
E. Maximum Matching Funds Available. The amount of Matching Funds distributed under this Section shall not exceed:
1. In the case of nominating primary or special elections where there is only one Certified Candidate for a particular office, 100 percent of the amount available to be distributed to an eligible Certified Candidate under Section 2.10.110;
2. In the case of nominating primary or special elections where there are more than two Candidates appearing on the ballot and one or more Nonparticipating Candidates for the same office, 100 percent of the amount available under Section 2.10.110 will be divided and available equally to all eligible Certified Candidates;
3. In the case of general elections where one Certified Candidate and one Nonparticipating Candidate will appear on the ballot for the same office, up to an additional 200 percent of the amount available under Section 2.10.110 to be distributed to the eligible Certified Candidate.
F. Request for Matching Funds. To be eligible to receive Matching Funds, a Certified Candidate shall file a written request with the Auditor. The request shall be filed pursuant to forms and procedures adopted by the Auditor by rule.
G. Matching Funds Determination and Distribution.
1. Except as provided in 2.10.150 G.2., the Auditor shall issue a Determination Letter detailing the Matching fund decisions under this Section within one business day after receiving a written request from a Certified Candidate.
2. If the request for Matching Funds is from a Certified Candidate for Auditor and the Auditor is running for re-election, the Citizen Campaign Commission shall issue a Determination Letter within one business day after receiving a written request from a Certified Candidate.
3. The Auditor shall distribute Matching Funds within five business days after issuing the Determination Letter if the letter states that a Certified Candidate qualifies for Matching Funds. The Auditor may use any distribution mechanism that is expeditious, ensures accountability and safeguards the integrity of the Fund to allow for prompt distribution of Matching Funds to Certified Candidates.
4. If the Determination Letter states that the Certified Candidate does not qualify for Matching Funds, the letter shall detail the reasons for this decision.
5. Matching fund determinations may be challenged under Section 2.10.230.
2.10.160 Return of Unspent Funds to Campaign Finance Fund.
A. If the first post-election statement filed by a Certified Candidate under ORS 260.058 for the nominating primary or special election shows unspent revenues received from the Campaign Finance Fund, and the Candidate was not nominated at the primary or special election, the Candidate shall return an amount of money equal to the amount of the unspent revenues to the Auditor when the statement required under ORS 260.058 is filed.
B. If the first post-election statement filed by a Certified Candidate under ORS 260.058 for the nominating primary or special election shows unspent revenues received from the Campaign Finance Fund, and the Candidate was nominated at the nominating primary or special election, the amount of revenues to be
distributed to the Certified Candidate under Section 2.10.110 at the general election shall be reduced by an amount equal to the aggregate amount of unspent revenues received from the Campaign Finance Fund.
C. If the first post-election statement filed by a Certified Candidate under ORS 260.068 for the general election shows unspent revenues received from the Fund, the Candidate shall return an amount of money equal to the amount of the unspent revenues to the Auditor not later than the date the statement required under ORS 260.068 is filed.
D. The Auditor shall deposit monies received under this Section in the Campaign Finance Fund.
2.10.170 Adequate Funding.
Notwithstanding any provisions of Section 2.10.040:
A. Not later than the 10th business day following the end of the Qualifying Period before the primary election, the Auditor shall determine whether the amount deposited in the Campaign Finance Fund under Section 2.10.040 will be sufficient to provide the amount the Auditor estimates will be necessary to make payments to Certified Candidates under Chapter 2.10 at the primary and general elections, and to cover administrative, enforcement and other expenses of the Auditor in carrying out the Auditor's functions and duties under this Chapter. The Auditor's expenses to administer the system should generally not exceed ten percent of the total funds deposited in the Campaign Finance Fund for the applicable combined Primary and General Election Periods.
B. If the Auditor determines that the amount deposited in the Campaign Finance Fund will be insufficient, the Auditor shall request the additional amount the Auditor estimates will be necessary from the City Council subject to the annual appropriation limit detailed in Section 2.10.040 A.
2.10.180 Adjustments for Inflation and Population Growth.
The dollar amounts specified in Section 2.10.110 and number of Qualifying Contributions required in Section 2.10.070 shall be reviewed periodically by the Citizen Campaign Commission. The Commission shall recommend any necessary adjustments to reflect inflation or population change to the City Auditor for approval by the City Council.
2.10.190 Political Advertisement Disclosure Requirements for Certified Candidates.
A. As part of the declaration of intent described in Section 2.10.060, a Candidate shall agree to include the information described in 2.10.190 B. - D. in any advertisement advocating the nomination, election or defeat of a Certified Candidate and paid for by the Certified Candidate or the Certified Candidate's principal campaign committee.
B. A printed advertisement described in Section 2.10.190 A. shall include the phrase "Paid for by" followed by the name of the Certified Candidate or principal campaign committee of the Certified Candidate. The advertisement shall also include the following statement: "As a Certified Campaign Finance Fund Candidate, I take personal responsibility for the content of this campaign ad." The statement shall be followed by the legibly printed name of the Candidate. As used in this Section, "printed advertisement" means a brochure, pamphlet, flyer, newspaper or magazine advertisement or similar advertisement designated by the Auditor by rule. "Printed advertisement" does not include any button, sign or other similar advertisement designated by the Auditor by rule.
C. A radio advertisement described in Section 2.10.190 A. of this Section shall include the phrase "Paid for by" followed by the name of the Certified Candidate or principal campaign committee of the Certified Candidate. The advertisement shall also include the following statement by the Certified Candidate: "As a Certified Campaign Finance Fund Candidate, I take personal responsibility for the content of this campaign ad."
D. A television or video advertisement described in Section 2.10.190 A. of this Section shall include the phrase "Paid for by" followed by the name of the Certified Candidate or principal campaign committee of the Certified Candidate. The phrase shall occur visually or audibly. The advertisement shall also include the following statement made by the Certified Candidate: "As a Certified Campaign Finance Fund Candidate, I take personal responsibility for the content of this campaign ad." The statement shall be made by the Certified Candidate while in front of the camera or while a photograph of the Certified Candidate is displayed.
2.10.200 Communication of Participation Status to Voters.
If a Candidate for nomination or election to City Office has been certified under Section 2.10.080, the Auditor shall publish to the Internet a statement that the Candidate is a Certified Campaign Finance Fund Candidate and has agreed to the terms and conditions of Chapter 2.10, including limitations on campaign Contributions.
2.10.210 Withdrawal of Certified Candidate, Repayment of Funds.
A. A Certified Candidate may withdraw as a Certified Candidate by filing a written statement of withdrawal with the Auditor. At the time the statement of withdrawal is filed, the Candidate shall also deliver to the Auditor an amount of money equal to all monies distributed to the Candidate from the Campaign Finance Fund after the date the Candidate was certified, plus interest of the total amount of monies received at a rate of 12 percent per annum.
B. A Certified Candidate who withdraws as a Candidate for nomination or election as provided in Section 2.08.150 shall comply with the requirements of Section 2.10.210 A. at the time the Candidate files a statement of withdrawal.
C. A Certified Candidate who withdraws as a Certified Candidate or as a Candidate shall be personally liable for any amounts to be paid to the Auditor under this Section. A Candidate who withdraws as a result of a valid emergency, such as a serious personal illness or death in the immediate family of the Candidate, may request a repayment exemption.
D. If a Certified Candidate withdraws as a Certified Candidate or as a Candidate, or if a Certified Candidate is required to deliver money to the Fund under Section 2.10.220, the Auditor shall disseminate public notice on the Internet to that effect within one business day of the withdrawal or determination made under Section 2.10.220.
E. The Auditor shall deposit monies received under this Section in the Campaign Finance Fund.
2.10.220 Civil Penalties, Revocation of Certification and Repayment of Funds.
A. Civil Penalties.
1. The Auditor may impose a civil penalty as provided in this Section, in addition to any other penalty that may be imposed, for:
a. Violation of any provision of this Chapter by a Certified Candidate;
b. Failure to file a Nonparticipating Candidate report or include information required by Section 2.10.130; or
c. Failure to file a report of Independent Expenditures or include information required by Section 2.10.140.
2. The Auditor shall establish a penalty matrix by administrative rule detailing civil penalties for potential violations of this chapter.
a. A civil penalty imposed under this section shall not exceed $10,000 for any violation except as otherwise provided in this Section.
b. A civil penalty imposed for violation of Section 2.10.190 shall equal the cost of any advertisement made in violation of Section 2.10.190.
c. Limits on penalties imposed under this Section do not include interest. Penalties are subject to interest at a rate of 12 percent of the total amount per annum.
3. The Auditor shall send a Notice of Proposed Penalty to any Person, Candidate or Political Committee determined to be in violation of this Chapter.
a. The notice shall describe the proposed penalty and outline the procedures for requesting a penalty hearing under Section 2.10.230.
b. The notice shall be sent by both certified and regular mail.
c. If a penalty hearing is not requested under Section 2.10.230, the proposed penalty shall become final on the date specified in the notice, which date shall be the first day following the last day to file a request for a hearing.
4. If a civil penalty has been imposed under this Section against a Candidate or the principal campaign committee of a Candidate, the Candidate shall be personally liable for the amount to be paid under this Section.
5. If a civil penalty has been imposed under this Section against a Political Committee other than a principal campaign committee, the directors of the Political Committee shall be jointly and severally liable for any amount to be paid under this Section.
6. Penalties may be paid from any private source. A penalty may be paid from committee funds and reported as an Expenditure on the committee's appropriate Contribution and Expenditure report. A penalty may not be paid from Campaign Finance Fund revenues.
7. Civil penalties may be paid at any time after receiving the Notice of Proposed Penalty, but are due no later than 60 days after the penalty has become final.
8. Penalties imposed under this Section are subject to interest at a rate of 12 percent of the total amount per annum.
9. All moneys received under this Section for violations of any provision of this Chapter shall be paid and credited to the Campaign Finance Fund.
10. At the request of the Auditor, the City Attorney may seek civil penalties and enforcement of any provision of this Chapter in Circuit Court or other appropriate venue.
B. Revocation of Certification.
1. The certification of a Candidate against whom a civil penalty has been imposed for violation of Section 2.10.090 shall be revoked by the Auditor and the Candidate shall not be eligible to receive revenues from the Campaign Finance Fund during the Primary and General Election Period during which the penalty is imposed.
2. The certification of a Candidate against whom a penalty has been imposed three or more times for violation of any provision of Section 2.10.190 shall be revoked by the Auditor and the Candidate shall not be eligible to receive revenues from the Campaign Finance Fund during the Primary and General Election Period during which the violation occurred.
C. Repayment of Funds.
1. A Certified Candidate against whom a civil penalty has been imposed for violation of Section 2.10.090 shall return to the Auditor an amount of money equal to all revenues distributed to the Candidate from the Campaign Finance Fund after the date the Candidate was certified, plus interest on the total amount of revenues received at a rate of 12 percent per annum, in addition to the penalty and interest on the penalty.
2. A Certified Candidate against whom a penalty has been imposed three or more times for violation of any provision of Section 2.10.190 shall return to the Auditor an amount of money equal to all revenues distributed to the Candidate from the Campaign Finance Fund after the date the Candidate was certified, plus interest on the total amount of revenues received at a rate of 12 percent per annum, in addition to the penalty and interest on the penalty.
2.10.230 Hearings.
A. Purpose. The purpose of this Section is to provide Persons or Political Committees adversely affected by administrative determinations and decisions made under this Chapter with a timely, effective, and impartial appeal and review of the determination. Hearings will be heard by a member of the outside panel of Hearings Officers recommended by the Citizen Campaign Commission and appointed by the City's Code Hearings Officer.
B. Types of Hearings.
1. Certification Hearings. A Candidate who has received a Determination Letter refusing certification or an opponent of a Candidate who has been granted certification under Section 2.10.080 may challenge a certification decision by filing a written request for a hearing as outlined in Section 2.10.230 C.
2. Matching Fund Hearings. A Candidate who has received a Determination Letter granting or refusing Matching Funds under Section 2.10.150, or an opponent of a Candidate who has been granted Matching Funds under Section 2.10.150, may challenge the Matching Funds decision by filing a written request for a hearing as outlined in Section 2.10.230 C.
3. Penalty Hearings. A Candidate, Person or Political Committee who has received a Notice of Proposed Penalty from the Auditor under Section 2.10.220 may challenge the proposed penalty by filing a written request for a hearing as outlined in Section 2.10.230 C.
C. Requests for Hearings.
1. The written request for a hearing shall be filed with the Auditor not later than:
a. 7 days after the mailing of the Determination Letter for a certification or Matching Funds hearing; or
b. 14 days after the mailing of the Notice of Proposed Penalty for a penalty hearing.
The request shall be filed pursuant to forms and procedures recommended by the Commission and adopted by the Auditor by rule. The written request shall contain either a copy of, or a full and complete description of, the decision or determination appealed and a statement of grounds upon which it is contended that the decision or determination is invalid, unauthorized, or otherwise improper, together with such other information as the Auditor may by require by rule.
2. No Person or Political Committee other than those described in 2.10.230 B. may be a party to any hearing conducted under this Section.
D. Conduct of Hearings.
1. As provided in Section 2.10.030 A.4., the Citizen Campaign Commission shall recommend to the Code Hearings Officer for appointment Hearings Officers to review cases and make determinations under this Section.
2. The City's Code Hearings Officer shall designate and appoint the Hearings Officers based upon the recommendations of the Citizen Campaign Commission.
3. Written requests for hearings shall be filed with the Auditor within the deadlines established in Section 2.10.230 C. The Citizen Campaign Commission shall coordinate with the Hearings Officer panel to assign a Hearings Officer to the case and set a hearing date within the timelines established in Section 2.10.230 D.4.
4. The date set for hearings under this Section shall be:
a. Not later than 7 days after the request for a certification or Matching Funds hearing is filed as outlined in Sections 2.10.230 C.1.a; or
b. Not less than 14 days nor more than 30 days after the request for a penalty hearing is filed as outlined in Section 2.10.230 C.1.b.
5. Notice.
a. In the case of certification or Matching Fund hearings requested under Section 2.10.230 C.1.a.:
(1) The Auditor shall give notice of receipt of a request for a hearing, together with a copy of the request, to all other Candidates for the same office. The notice shall be sent not later than one business day after the request is filed with the Auditor.
(2) The Auditor shall give notice of the hearing, together with a copy of the request for a hearing, to the Person who requested the hearing and all other Candidates for the same office. The notice shall be sent not later than one business day after the date is set for the hearing under Section 2.10.230 D.4. The notice shall specify the time, date, and place set for the hearing.
(3) The notices required in 2.10.230 D.5.a.(1) and (2) may be combined.
b. In the case of penalty hearings requested under Section 2.10.230 C.1.b., the Auditor shall give notice of the hearing to the Person or Political Committee who requested the hearing. The notice shall be sent not later than one business day after the date is set for the hearing under Section 2.10.230 D.4. The notice shall specify the time, date, and place set for the hearing.
c. Notices may be given by any method or combination of methods which, under the circumstances, is reasonably likely to apprise the parties of the hearing. Notice may be given by United States mail, phone, e-mail or other method authorized by the Auditor by rule. If notice is given by mail, such notice shall be deemed given and received three days (Sundays and holidays not included) after the notice is deposited in the United States mail. The failure of any Person to receive actual notice of the proceeding shall not invalidate the hearing or any determination, decision, or order of the Hearings Officer.
6. The hearings shall be conducted in accordance with the provisions of Chapter 22.10, except as otherwise provided in this Section.
E. Order of the Hearings Officer.
1. The Hearings Officer shall issue an order not later than three business days after a certification or Matching Funds hearing.
2. In the case of a certification hearing, the Hearings Officer may uphold or revoke the certification.
3. In the case of a Matching Fund hearing, the Hearings Officer may uphold or revoke Matching Funds, or modify a Matching Funds decision by revoking some or all Matching Funds or granting additional Matching Funds.
4. In the case of a penalty hearing, the Hearings Officer may uphold, revoke or modify the penalty.
5. The order of the Hearings Officer is a final decision of the City.
6. Judicial review of an order made under this Section shall be as provided in Title 22.
F. Return of Funds and Payment of Cost of Hearing.
1. If the certification of a Candidate is revoked following a hearing under this Section, the Candidate shall return to the Auditor an amount of money equal to all revenues distributed to the Candidate from the Campaign Finance Fund after the date the Candidate was certified, plus interest on the total amount of revenues received at a rate of 12 percent per annum, in addition to the penalty and interest on the penalty.
2. If Matching Funds distributed under Section 2.10.150 are revoked, the Candidate shall return to the Auditor an amount of money equal to the amount of revoked Matching Funds distributed to the Candidate from the Campaign Finance Fund, plus interest on the total amount of Matching Funds received at a rate of 12 percent per annum.
3. If the Hearings Officer or a court finds that a request for a hearing under this Section was made frivolously or to cause delay or hardship, the Hearings Officer or the court may require the Person who filed the request for a hearing to pay costs of the Hearings Officer, court and opposing parties, and attorney fees of the opposing parties, if any.