ORDINANCE No. 182489

* Provide for reduced distribution of campaign funds available to participating publicly financed candidates and define terms in the special election for Auditor (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  On January 14, 2009, the City Council passed Resolution 36668, calling for a special nominating election on May 19, 2009, to fill the unexpired term of Auditor. The resolution also called for a special runoff election on July 14, 2009, if no one candidate receives a majority of votes cast at the May 19, 2009 special nominating election.

2.  Code Chapter 2.10 (Campaign Finance Fund) sets the campaign finance amount at $150,000 for the primary and $200,000 for a runoff. The shorter campaign period, lower historical spending for auditor races, and the probable lower turnout for special elections reduces the need for campaign spending by candidates for the 2009 special nominating election, and if needed, special runoff election.

3.  Many of the election time periods in Code Chapter 2.10 are based on campaign financing for even year elections. As a result, although the Auditor is authorized by Code Section 2.10.020 E to adopt administrative rules to administer special elections, it is desireable for Council to clarify how code terms will be defined for the 2009 special elections.

NOW, THEREFORE, the Council directs:

a.  Notwithstanding any provision of the City Code, the funds distributed to Certified Candidates for the May 19, 2009, special nominating election and the July 14, 2009, special runoff election shall be reduced. The amount of funds available to a Certified Candidate in the May 19, 2009 special nominating election pursuant to Code Section 2.10.110 will be $50,000. The amount of funds available to a Certified Candidate in the July 14, 2009, special runoff election pursuant to Code Section 2.10.110 will be $50,000. The maximum amount of matching funds available, as provided by Code Section 2.10.150 B, will be 100% of the Initial Financial Threshold for the special nominating election, and 150% of the Initial Financial Threshold for the special runoff election.

b.  Other than as provided in subsection a. above and except for purposes of timely distribution of funds under Code Section 2.10.100 A, the July 14, 2009 special runoff election shall be a “General Election” for purposes of Code Chapter 2.10. For purposes of the July 14, 2009 special runoff election, the provisions of Code Chapter 2.10 regarding General Elections shall apply and control over any provisions regarding special elections.

c.  As provided in Code Section 2.10.100 A.5, the Auditor shall establish a schedule for timely distribution of funds for the May 19, 2009 and July 14, 2009 special elections.

d.  Notwithstanding any provision of City Code, the following terms in Chapter 2.10 shall have the meaning provided in this subsection for the 2009 May 19 and July 14 special elections. The period from January 15, 2009 through March 10, 2009 shall be the “Qualifying Period” under Code Chapter 2.10 for the May 19 and July 14, 2009 special elections. The period from January 15, 2009 through May 26, 2009 shall be the Primary Election Period under Code Chapter 2.10 for the 2009 special elections. The period from May 27, 2009 through August 3, 2009 shall be the “General Election Period” under Code Chapter 2.10 for the July 14, 2009 special runoff election. In the May 19, 2009 special nominating election, the terms “biennial Primary Election” and “Primary Election” as used in Code Sections 2.10.070, .120 and .140 shall mean the May 19, 2009 special nominating election.

Section 2. The Council declares that an emergency exists because potential candidates need to know the amount of funds available to certified candidates for the May 19 and July 14, 2009 special elections to determine whether to participate in the Campaign Finance system. Therefore this ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council: January 22, 2009         GARY BLACKMER

              Auditor of the City of Portland

Auditor Gary Blackmer           By /s/ Susan Parsons

Prepared by: Andrew Carlstrom

Date Prepared: January 14, 2009                Deputy

BACKING SHEET INFORMATION

AGENDA NO. 57-2009

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 182489