FOR IMMEDIATE RELEASE
CONTACT: Deborah Scroggin, Elections Division Manager
Today, the City of Portland Auditor’s Office issued a determination following a complaint that Carmen Rubio and Portland for All violated the City’s campaign finance law. Under City Charter, the Auditor is required to take written complaints of campaign finance violations from any person. After an investigation, the Office finds no violationof City law by Rubio or Portland for All. However, the Auditor’s Office refers potential compliance issues with Portland for All’s campaign finance reporting, which is governed by state law,to the Secretary of State’s office for review.
Complaint claims endorsement video was a violation of campaign finance law
On September 22, 2024, the Elections Division, within the Auditor’s Office, received a complaint alleging that Portland for All and the Carmen for Portland campaign (and mayoral candidate Carmen Rubio) violated Portland’s campaign finance law.The complaint alleged that Portland for All made and disseminated a professionally produced video endorsing Rubio for mayor andthat this violated City law because it was an unallowable contribution to a candidate, and because the endorsement video and Portland for All’s related communicationslacked a required “paid for by” disclaimer under the City’s law.
No funds were spent on video; funding disclaimer not required
Portland for All is an all-volunteer organization. Evidence showed in this case that the Portland for All video was produced and posted by unpaid volunteers and no funds were spent to provide or present the video or the related communications. The City’s campaign finance law requires thatcommunications related to City candidate elections costing $250 or more to create must include certain “paid for by” disclaimers. In this case, since no funds were spent, a disclaimer was not required under City law.
Lack of evidence to show coordination for an in-kind contribution, with caution to all campaigns
There is also no evidence that Portland for All made, or Carmen for Portland received, an in-kind contribution in the form of a candidate endorsement video or related communications.
The Auditor’s Office reaches this conclusion due to the lack of evidence supporting coordination between Portland for All and Rubio to create, post or disseminate the endorsement video. Rubio and her campaign were not involved in coordinating to create the endorsement video or any decisions about it, as documented in the determination letter. Without coordination, a communication made for the benefit of a candidate is not an in-kind contribution to the candidate. In this case, the lack of coordination meant the video and related communications did not constitute a contribution to the Carmen for Portland campaign.
The Auditor’s Office cautions, however, that though it concludes there was not coordination between Rubio’s campaign and Portland for All in this case, the communications between the two entities walked a fine line. The Auditor’s Office uses this determination to educate candidates and their supporters about where the Auditor’s Office will draw that line.