Title 2 Legislation & Elections

1. 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. 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.

1. 1.  All amounts appropriated to it by the City Council. The annual impact of the appropriation on the City general fund is limited to two-tenths of one percent of the general fund without raising any new taxes or fees;
2. 2.  Any funds returned to the Fund;
3. 3.  All interest earned on money in the Fund;
4. 4.  Civil penalties and other monies collected under Sections 2.16.160 and .170; and
5. 5.  Voluntary donations made directly to the Fund.

1. 1.  Before adopting, amending, or repealing a rule, the Commission must notify interested parties and hold a public comment period. Such notice, which may be provided by mail or electronic means, such as posting on the Commission’s website, must be published at least 4 weeks before the close of the public comment period. The notice must include instructions on how an interested party may comment on the proposed rule, a brief description of the subjects covered by the proposed rule, and how to access the full text of the proposed rule.

   2.  During the public comment period, the Commission will receive written comments concerning the proposed rule. At the conclusion of the public comment period, the Commission will either adopt the proposed rule, modify it, or reject it, taking into consideration the comments received. If the Commission makes a substantial modification, it will hold an additional public comment period. Unless otherwise stated, all rules are effective upon adoption by the Commission. All rules adopted by the Commission will be filed with the Commission and the City Auditor’s Office. Copies of all current rules will be posted on the Commission’s website and included on the Auditor’s website under the Portland Policy Documents.

   3.  Notwithstanding Subsections 1. and 2. above, the Commission may adopt an interim rule without prior public notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties, stating the specific reasons for such prejudice. An interim rule adopted pursuant to this Subsection is effective for a period of not more than 180 calendar days. The Commission may extend the interim rule past the 180 calendar days for good cause, as determined in the Commission’s sole discretion.

B.  The rules proposed by the Commission must specify:

1. 1.  How and when information about and documentation for contributions and expenditures must be submitted to the Director;

2. 2.  The process for applying for certification;
3. 3.  Other policies necessary to implement this Chapter, including but not limited to:
   1. a.  Reporting requirements for participating and non-participating candidates;
   2. b.  Additional spending prohibitions;
   3. c.  A process by which participating candidates can change which covered office they are running for;
   4. d.  Collection of revenues for the Fund;
   5. e.  Distribution of Fund revenues to certified candidates;
   6. f.  Penalty matrix detailing penalties for potential violations of this Chapter;
   7. g.  Inspection of reports and documents for compliance with this Chapter; and
   8. h.  Investigation and enforcement of alleged violations this Chapter.

1. 1.  File a notice of intent using the form prescribed by the program with the Director before the deadline, which can be no earlier than June 1 the calendar year before the election; and
2. 2.  Attend mandatory training provided by the City.  The candidate’s treasurer must also attend the training.

1. 1.  After filing a notice of intent, a candidate for Mayor must collect an aggregate total determined by the Commission, if any, from at least 750 matchable donors.
2. 2.  After filing a notice of intent, a candidate for Councilor or Auditor must collect an aggregate total determined by the Commission, if any, from at least 250 matchable donors.
3. The Commission may establish additional requirements for certification relating to the contributions collected from Matchable Donors and filing methods, and any such requirements will be published in administrative rules.

1. 1.  For a certified candidate for a covered office the City matching funds will be distributed according to a formula and system established by the Commission and published in administrative rules.
2. 2.  The total City matching funds payable to a certified candidate for an election cycle may not exceed:
   1. a.  $750,000 for a candidate for Mayor;
   2. b.  and $100,000 for a candidate for Auditor; and
   3. c.  for a candidate for Councilor: 
      1. (1)  $100,000 for a candidate who has collected at least $5 from at least 250 matchable donors;
      2. (2)  an additional $100,000, for a total of $200,000, for a candidate who has met the collection threshold in Subsection 2.16.070 A.2.c.(1) and collected at least $5 from at least 500 new matchable donors; and
      3. (3)  a final $100,000, for a total of $300,000, for a candidate who has met the collection threshold in Subsection 2.16.070 A.2.c.(2) and collected at least $5 from at least 500 new matchable donors. 

1. 1.  Seed money contributions;
2. 2.  In-kind contributions;
3. 3.  Matchable contributions from matchable donors made before the candidate files a notice of intent;
4. 4.  Allowable contributions ; or
5. 5.  The Commission may determine how to distribute public funds when contributions to more than one candidate running for the same seat is made by a matchable donor. This determination will be published in administrative rules.

1. 1.  Used to make any expenditures prohibited by ORS Chapter 260 and Oregon Administrative Rules;
2. 2.  Contributed to, or for the purpose of supporting or opposing, any other candidate, political committee or measure;
3. 3.  Used to make independent expenditures supporting or opposing any candidate, political committee or measure;
4. 4.  Used in connection with the nomination or election of a participating candidate to any office or at any election other than the office or election for which the contributions were given;
5. 5.  Used to pay any loans, debts, fines or penalties, except for penalties permitted or required by administrative rule to be paid from the candidate’s campaign account;
6. 6.  Used to pay for consulting services to an individual, unless the individual is providing bona fide services to the candidate and is compensated no more than fair market value;
7. 7.  Used for out of state travel except as permitted by the Commission and published in administrative rules;
8. 8.  Used for certain vehicle-related expenses, as determined by the Commission and published in administrative rules;
9. 9.  Attorney, accountant and other professional service fees in conjunction with appealing penalties or decertification, unless permitted by the Commission and published in administrative rules;
10. 10.  Used for salary or payment, other than reimbursable expenses, to a family member;
11. 11.  Used for gifts, not including campaign brochures, buttons, signs or other printed campaign material;
12. 12.  Used to make payments in cash; or
13. 13.  Used in a manner inconsistent with administrative rules.

1. 1.  Files a statement of withdrawal with the Director on the form prescribed by the program; and
2. 2.  Repays to the Fund any remaining funds in their account up to the full amount of the City matching funds received.

1. 1.  To the candidate's campaign account from any other campaign finance entity established for the candidate, except as permitted by the Commission and published in administrative rules; and
2. 2.  From the candidate's campaign account to any other campaign finance entity, except as permitted by the Commission and published in administrative rules.

1. 1.  Assist the Director and Council in developing and implementing of the Fund.  The Commission may approve administrative rules necessary to the effective administration of the code as set forth in Section 2.16.030, until a City Administrator is hired, after which point the Commission may make recommendations to the Director regarding such administrative rules.
2. 2.  Adjust matching ratios and contribution limits and modify regulations to improve operation of public campaign finance and achieve program goals.
3. 3.  Advise the Director, advise the Director on administrative judgments, recommended policy changes, administrative rule development, and operation of the Fund.
4. 4.  Recommend hearings officers or an entity to the Director for appointment to review cases and make determinations under Sections 2.16.160 and 2.16.170.
5. 5.  Adopt such operating policies and procedures as necessary to carry out its duties.
6. 6.  Prepare and submit to the Council a biennial report which will contain an overview and evaluation of the Fund during the previous election period.

1. 1.  Commission members will be appointed by Council and serve 4 year terms starting May 1 of odd-numbered years, except that the initial appointments will be as follows.
   1. a.  Four of the initial appointees will serve terms from January 1, 2019 to April 30, 2021; and
   2. b.  Five of the initial appointees will serve terms from January 1, 2019 to April 30, 2023.
2. 2.  Members of the Commission are limited to a maximum of two full terms, except that members serving an initial term of less than 4 years may serve two subsequent 4 year terms. If a position is vacated during a term, it will 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.

1. 1.  The Portland Elections Commission will meet at least four times per year and may meet more often as otherwise necessary to conduct its business. Meetings will be conducted in accordance with rules of procedure adopted by the Commission. Five members will constitute a quorum. A quorum will be necessary to make decisions that represent the position of the Commission and to conduct any other Commission responsibilities. The election of officers will take place at the first meeting of each calendar year.
2. 2.  The officers of the Commission will consist of a chairperson and a vice-chairperson. The chairperson will be responsible for conducting the meetings of the committee. The vice-chairperson will act as chair when the chairperson is not available.
3. 3.  The Commission may form subcommittees comprised of Commission members which are authorized to act on behalf of the Commission for an assigned purpose.

1. 1.  The Commission will establish in administrative rules a timeline by which candidates may cure failures to comply with this Chapter.
2. 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. a.  Uncured violation of any provision of this Chapter by a participating or certified candidate; or
   2. b.  Failure to timely file a participating or non-participating candidate  report or to include information required by Section 2.16.140.
3. 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 will not exceed $10,000 for any violation except as otherwise provided in this Section or as permitted by the 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 Commission and published in administrative rules. 
4. 4.  The Director will send a notice of proposed penalty to any candidate, person or political committee against whom the Director is imposing a civil penalty.
   1. a.  The notice will describe the proposed penalty and outline the procedures for requesting a penalty hearing.
   2. b.  The notice will be sent by both certified and regular mail.
   3. c.  If a penalty hearing is not requested, the proposed penalty will become final on the date specified in the notice, which date will be the first day following the last day to file a request for a hearing.
5. 5.  If a civil penalty has been imposed under this Section against a candidate or the principal campaign committee of a candidate, the candidate will be personally liable for the amount to be paid under this Section.
6. 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 will be jointly and severally liable for any amount to be paid under this Section.
7. 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. 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. 9.  Penalties imposed under this Section are subject to interest at a rate set by the Commission and published in administrative rules.
10. 10.  All moneys received under this Section for violations of any provision of this Chapter will be paid and credited to the Fund.
11. 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.

1. 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 will be determined by the Commission and published in administrative rules. A candidate whose certification was denied or revoked will not be eligible to receive City matching funds from the Fund during the election cycle during which the denial or revocation of certification took place.
2. 2.  If it is determined that a participating candidate violated any other provision of this Chapter during the election cycle, the Director has the authority to revoke the candidate's certification. The Commission may determine a cure period for violations and this determination will be published in administrative rules.

1. 1.  A participating candidate against whom a civil penalty has been imposed for violation of Section 2.16.080 will 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 Commission, if any.
2. 2.  The Director will seek immediate recovery of City matching funds for any violation of this Chapter.

1. 1.  Certification Hearings. A candidate who has received a determination denying certification or an opponent of a candidate who has been granted certification may challenge a certification decision with a written request for reconsideration as outlined in Subsection 2.16.170 F. and, if still dissatisfied, a written request for a hearing as outlined in Subsection 2.16.170 E.
2. 2.  Matching Fund Hearings. A candidate who has received a determination granting or denying City matching funds or an opponent of a candidate who has been granted City matching funds may challenge the City matching funds decision by filing a written request for reconsideration as outlined in Subsection 2.16.170 F. and, if still dissatisfied, a written request for a hearing as outlined in Subsection 2.16.170 E.
3. 3.  Penalty Hearings. A candidate, person or political committee who has received a notice of proposed penalty from the Director may challenge the proposed penalty by filing a written request for reconsideration as outlined in Subsection 2.16.170 F. and, if still dissatisfied, a written request for a hearing as outlined in Subsection 2.16.170 E.

1. 1.  The written request for a hearing must be filed not later than:
   1. a.  7 calendar days after the mailing of the certification reconsideration decision;
   2. b.  7 calendar days after the mailing of the proposed penalty reconsideration decision; or
   3. c.  7 calendar days after the mailing of the notification of the matching reconsideration decision:
      1. (1)  For an opponent of the candidate who requested the City matching funds, 7 calendar days after the mailing of the notification of the reconsideration decision.
      2. (2)  For an opponent of the candidate who requested the City matching funds, 7 calendar days after the mailing information about the matching determination from the Director, which will be provided upon request.
2. 2.  The request must be filed pursuant to forms and procedures published on the program website. The written request must 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 Director may require by rule.
3. 3.  No person or political committee other than those described in Subsection 2.16.170 D. may be a party to any hearing conducted under this Section.

1. 1.  The written request for reconsideration must be filed with the Director not later than:
   1. a.  For certification determination, within 7 calendar days after the date of determination by the Director.
   2. b.  For a proposed penalty, within 7 calendar days after the date the Director imposes the penalty.
   3. c.  For a matching determination,
      1. (1)  For the candidate who requested the City matching funds, within 7 calendar days of the determination by the Director.
      2. (2)  For the opponent of the candidate who requested the City matching funds or a member of the public, within 7 calendar days after the date of the determination, which is available upon written request filed with the Director.
   4. d.  The Director must provide a final response to the request for reconsideration within 10 business days of receiving the request.

1. 1.  As provided in Section 2.16.130, the Commission will recommend to the Director for appointment a panel of hearings officers, or an outside entity to perform the hearings function, to review cases and make determinations under this Section.
2. 2.  The Director will designate and appoint hearings officers or an entity, including but not limited to a vendor or another government body, based upon the recommendations of the Portland Elections Commission.
3. 3.  Written requests for hearings must be filed within the deadlines established in Subsection 2.16.170 E. A hearing must be held within the timelines established in Subsection 2.16.170 C.
4. 4.  The date set for hearings under this Section will be:
   1. a.  Not later than 7 calendar days after the request for a certification or City matching funds hearing is filed as outlined in Subsections 2.16.170 E.; or
   2. b.  Not more than 14 calendar days after the request for a penalty hearing is filed as outlined in Subsection 2.16.170 E.
5. 5.  Notice.
   1. a.  In the case of certification hearings requested under Subsection 2.16.170 E.:
      1. (1)  Notice of receipt of a request for a hearing, together with a copy of the request, will be given to all other candidates for the same office. The notice will be sent not later than one business day after the request is filed.
      2. (2)  Notice of the hearing, together with a copy of the request for a hearing, will be given to the person who requested the hearing and all other candidates for the same office. The notice will be sent not later than one business day after the date is set for the hearing. The notice will specify the time, date, and place set for the hearing.
      3. (3)  The notices required in Subsections 2.16.170 G.5.a.(1) and (2) may be combined.
   2. b.  In the case of penalty hearings requested under Subsection 2.16.170 E.1.b., notice will be given of the hearing to the person or political committee who requested the hearing. The notice will be sent not later than one business day after the date is set for the hearing under Subsection 2.16.170 C. The notice will specify the time, date, and place set for the hearing.
   3. 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 rule. If notice is given by mail, such notice will be deemed given and received 3 calendar 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 will not invalidate the hearing or any determination, decision, or order of the hearings officer.
6. 6.  The hearings will be conducted in accordance with the provisions of Chapter 22.10, except as otherwise provided in this Section.

1. 1.  The hearings officer will issue an order not later than 5 business days after a certification City matching fundsor penalty hearing.
2. 2.  In the case of a certification hearing, the hearings officer may uphold or revoke the certification.
3. 3.  In the case of a City matching funds hearing, the hearings officer may uphold or revoke City matching funds, or modify a City matching funds decision by revoking some or all City matching fundsor granting additional City matching funds.
4. 4.  In the case of a penalty hearing, the hearings officer may uphold, revoke or modify the penalty.
5. 5.  The order of the hearings officer is a final decision of the City.
6. 6.  Judicial review of an order made under this Section will be as provided in Title 22.

1. 1.  If the certification of a candidate is revoked following a hearing under this Section, the candidate will return to the Director an amount of money equal to all revenues distributed to the candidate from the Elections Fund after the date the candidate was certified the Director may also charge interest on the total amount of revenues received at a rate set by the Commission.
2. 2.  If City matching funds is revoked, the candidate will return to the Director an amount of money equal to the amount of revoked City matching funds distributed to the candidate from the Fund, plus interest on the total amount of City matching Funds received.
3. 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.

A.  The City Council will, by a 3/5 majority vote, appoint the Director. The Director may be terminated for cause by a 4/5 majority vote of the City Council. The authority of the City Council to hire and terminate the Director will remain in effect until a City Administrator is hired, at which point the City Administrator will provide program oversight and have the authority to hire and terminate the Director.

B.  Elected officials, including their staff and the City Administrator, may not:

1. 1.  Interfere with or exert influence over program determinations including certification, match eligibility, investigations, and penalties.

2. 2.  Share program information with a campaign, unless the information has previously been released to the campaign or the public.

C.  Nothing in this Section prevents the City Elections Officer from referring matters to the program for investigation or communicating with the program about a matter also under investigation by the City Elections Office.