2.16.010 Definitions.

City Code Section

(Amended by Ordinance Nos. 188853, 189336, 189531, 190243 and 190598, effective December 10, 2021.)  As used in this Chapter, unless the context requires otherwise:

A.  “Allowable Contribution” is a contribution of no more than $250 that will be further defined by the Portland Elections Commission and the definition will be published in administrative rules.

B.  “Campaign Finance Entity” means a principal campaign committee registered with the Oregon Secretary of State.

C.  “Candidate” means:

1.  An individual whose name is printed on a ballot, for whom a declaration of candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is expected to be or has been presented, with the individual’s consent, for nomination or election to public office;

2.  An individual who has solicited or received and accepted a contribution, made an expenditure, or given consent to an individual, organization, political party or political committee to solicit or receive and accept a contribution or make an expenditure on the individual’s behalf to secure nomination or election to any public office at any time, whether or not the office for which the individual will seek nomination or election is known when the solicitation is made, the contribution is received and retained or the expenditure is made, and whether or not the name of the individual is printed on a ballot.

D.  “Candidate’s   Campaign Account” means a campaign finance account established by a Candidate for the exclusive purpose of receiving Allowable Contributions, Matchable Contributions, City Matching Funds and Seed Money Contributions and spending funds in accordance with this Chapter.

E.  “Certified Candidate” means a Candidate running for a Covered Office who is certified as eligible to receive City Matching Funds.

F.  “City Matching Funds”means money disbursed from the Fund to a Certified Candidate.

G.  “Commission” means the Portland Elections Commission.

H.  “Contested Election” means an election in which there are at least two Candidates for a Covered Office who have a Campaign Finance Entity. Contested Election includes a special election held to fill a vacancy in a Covered Office.

I.  “Contribution” has the meaning set forth in ORS 260.005 and 260.007.

J.  “Covered Office” means the office of Mayor, Commissioner or Auditor.

K.  “Director” means the Small Donor Elections Director.

L.  “Election Cycle” means the Primary Election Period and the General Election Period for the same term of a Covered Office. For a special election, it means the Special Nominating Election Period and the Special Runoff Election Period.

M.  “Expenditure” has the meaning set forth in ORS 260.005 and 260.007.

N.  “Fund” means the Small Donor Elections Fund.

O.  “General Election Period” means the period beginning the day after the biennial primary election and ending the day of the biennial general Election.

P.  “Independent Expenditure” means an expenditure by a person for a communication in support of or in opposition to a clearly identified Candidate for City office 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 terms “expenditure”, “clearly identified” and “agent” and the phrases “communication in support of or in opposition to a clearly identified Candidate or measure” and “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 and 260.007.

Q.  “Individual” means a natural person.

R.  “In-Kind Contribution” will be defined by the Portland Elections Commission and the definition will be published in administrative rules.

S.  “Matchable Contribution” is a contribution made by a Matchable Donor and will be further defined by the Portland Elections Commission and published in administrative rules.

T.  “Matchable Donor” means an individual 18 years of age or older who resides within the City limits of the City of Portland, whose residency is verified pursuant to criteria established by the Director, and who can legally contribute to campaigns under state and federal law. The Director may use voter registration as the sole means of verifying residency if the Director determines other methods are not reliable or expedient. The Portland Elections Commission will determine which Matchable Contributions from the same Matchable Donor to two or more Candidates running for the same seat will be matched, and this determination will be published in administrative rules.

U.  “Non-Participating Candidate” means a person who is running for a Covered Office who chooses not to file a Notice of Intent or, after the certification deadline passes, who did file a Notice of Intent but was not certified.

V.  “Notice of Intent” means a notice filed with the Director on the form prescribed by the program that a Candidate intends to seek qualification as a Certified Candidate.

W.  “Participating Candidate” means a person who is a Candidate for a Covered Office and who seeks to be a Certified Candidate in a primary election or general election. Limitations imposed on a Participating Candidate apply during the entire election cycle, both before and after filing a Notice of Intent to participate, whether or not the Candidate has announced an intention to seek City Matching Funds, and continue to apply once the Candidate becomes a Certified Candidate, unless the Candidate is not certified, in which case the limitations cease to apply once the certification deadline has passed. A Participating Candidate may become a Non-Participating Candidate by withdrawing from the program or withdrawing their Notice of Intent.

X.  “Primary Election Period ” means the period beginning on the 45th day after the preceding biennial general election and ending at 8 p.m. on the day of the biennial primary election.

Y.  “Seed Money Contribution” will be defined by the Portland Elections Commission and the definition will be published in administrative rules.

Z.  “Special Nominating Election” means a Nominating Election for a Covered Office held on any date other than the biennial primary election date when the Primary Election for that office would normally be held pursuant to City Charter Section 3-102.

AA.  “Special Nominating Election Period” means the period beginning on the day a vacancy exists or a Notice of Intent to resign from office is filed with the Auditor and ending the day of the Special Nominating Election.

BB.  “Special Runoff Election” means a runoff election for a Covered Office held on any date other than the biennial general election date when the General Election for that office would normally be held pursuant to City Charter Section 3-103.

CC.  “Special Runoff Election Period” means the period beginning on the day after the Special Nominating Election and ending the day of the Special Runoff Election.

Upcoming and Recent Changes

Ordinance Number 190243

Effective Date