2.16.160 Penalties, Revocation of Certification and Repayment of Funds.

City Code Section

(Amended by Ordinance Nos. 189531, 190243 and 190598, effective December 10, 2021.)

  1. Civil Penalties.
     
    1. The Director shall establish in administrative rules a timeline by which Candidates may cure failures to comply with this Chapter.
       
    2. The Director may impose a civil penalty as provided in this Section, in addition to any other remedies that are provided by this Code or other law, for:
       
      1. Uncured violation of any provision of this chapter by a Participating or Certified Candidate; or
         
      2. Failure to timely file a Participating or Non-Participating Candidate  report or to include information required by Section 2.16.140.
         
    3. The City may establish a penalty matrix by administrative rule detailing civil penalties for potential violations of this chapter.  A civil penalty imposed under this section shall not exceed $10,000 for any violation except as otherwise provided in this Section or as permitted by the Portland Elections Commission and published in administrative rules.  Limits on penalties imposed under this Section do not include interest.  Penalties are subject to interest at a rate determined by the Portland Elections Commission and published in administrative rules. 
       
    4. The Director shall send a notice of proposed penalty to any Candidate, person or political committee against whom the Director is imposing a civil penalty.
       
      1. The notice shall describe the proposed penalty and outline the procedures for requesting a penalty hearing.
         
      2. The notice shall be sent by both certified and regular mail.
         
      3. If a penalty hearing is not requested, 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.
         
    5. 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.
       
    6. 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.
       
    7. Penalties may be paid from any private source and must be reported as an In-Kind Contribution unless paid by the Candidate or the Candidate’s Campaign Account.  A penalty may not be paid from a Candidate’s Campaign Account unless permitted by the administrative rules. Penalties for violating reporting requirements may be paid in excess of contribution limits in this Chapter only if paid by the Candidate’s treasurer.
       
    8. Civil penalties may be paid at any time after receiving the notice of proposed penalty, but are due immediately after the penalty has become final.
       
    9. Penalties imposed under this Section are subject to interest at a rate set by the Portland Elections Commission and published in administrative rules.
       
    10. All moneys received under this Section for violations of any provision of this Chapter shall be paid and credited to the Fund.
       
    11. At the request of the Director, the City Attorney may seek civil penalties and enforcement of any provision of this Chapter, in addition to any other remedies provided by this Code or other law, in Circuit Court or other appropriate venue.
       
  2. Denial and Revocation of Certification.
     
    1. The Director may deny or revoke certification of a Participating or Certified Candidate for violation of this Chapter. Which violations are subject to denial or revocation of certification shall be determined by the Portland Elections Commission and published in administrative rules. A candidate whose certification was denied or revoked shall not be eligible to receive City Matching Funds from the Fund during the Primary and General Election Periods, or Special Nominating and Special Runoff Election Period during which the denial or revocation of certification took place.
       
    2. If it is determined that a participating candidate violated any other provision of this Chapter during the primary election period or after certification, the Director has the authority to revoke the candidate's certification. The Portland Elections Commission may determine a cure period for violations and this determination will be published in administrative rules.
       
  3. Repayment of Funds.
     
    1. A Participating Candidate against whom a civil penalty has been imposed for violation of Section 2.16.080 shall return to the Director an amount of money equal to all revenues distributed to the Candidate from the Fund after the date the Candidate was certified, plus interest on the total amount of revenues received at a rate set by the Portland Elections Commission, if any.
       
    2. The Director shall seek immediate recovery of City Matching Funds for any violation of this Chapter.

Upcoming and Recent Changes

Ordinance Number 190243

Effective Date