191552

Ordinance

Amend Elections Code to align with the amended City Charter approved by voters in Portland Measure 26-228 (amend Code Chapters 2.02, 2.04, and 2.14)

Passed

The City of Portland ordains:

Section 1. The Council finds:

  1. On November 8, 2022, voters approved Portland Measure 26-228 (the “Measure”).
     
  2. The Measure significantly amended Portland’s City Charter. The Measure generally established a mayor-council form of government with a City Administrator, created four new geographic districts with three councilors representing each district, and called for a new system of electing City officers using ranked choice voting. Ordinance No. 191244, passed by the Council on April 19, 2023, amended Code Chapter 2.08 to authorize the administration of ranked-choice voting.
     
  3. Following the adoption of Code Chapter 2.08, the Measure also required minor updates to Code Chapters 2.02, 2.04, and 2.14 to align with the amendments to Portland’s City Charter. The Office of the City Auditor and the City Attorney’s Office worked to ensure that Code Chapters 2.02, 2.04, and 2.14, as shown in exhibits A, B, and C respectively, meet City and County election requirements, state law, and national best practices.

NOW, THEREFORE, the Council directs:

  1. Amend Code Chapters 2.02, 2.04, and 2.14 as shown in Exhibits A, B, and C.
  2. This ordinance takes effect on January 1, 2025.

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Simone Rede

Impact Statement

Purpose of Proposed Legislation and Background Information

On November 8, 2022 voters passed Measure 26-228 amending Portland’s City Charter and form of government. The proposed amendments set forth changes in Election Code Chapters 2.02, 2.04, and 2.14 to align with the new Charter and Code language adopted to implement the new election procedures and for other technical updates as described below. City Code Chapter 2.08 (Election of Candidates), was previously replaced and adopted in April 2023 in consultation with leading national elections experts, community groups, county and state elections offices, and Council to implement ranked choice voting. However, other provisions in Title 2 (Legislation and Elections) have not been updated or maintained in over two decades. The Auditor’s Office has worked with the City Attorney’s Office to review and propose amendments to Title 2 that meet state law requirements, align with current and future county and city practices, and make other technical changes.  

City Code Chapter 2.02 (General Provisions) is amended to conform with the January 1, 2025 government transition and make clear and consistent definitions. The biggest proposed changes are removing references to Primary candidate elections and adding language to reflect the already adopted vacancy and recall procedures. 

City Code Chapter 2.04 (Petition and Measure Procedures) is amended to conform with the January 1, 2025 government transition and modernize references and practices related to petition filings and signature and cover sheets. The biggest proposed changes relate to adding references to new Council committees and roles where appropriate, clarifying explanatory statement procedures recommended by state law, and streamlining adoption dates of measures for consistency.

City Code Chapter 2.14 (Reporting by Political Consultants) is amended to conform with the January 1, 2025 government transition, clarify requirements for appointed officials, and make technical changes related to disclosures by political consultants. The primary changes relate to clarifying requirements for when reports must be made after an election or succession to office and correcting a reference related to disclosures by political consultants for services related to city-referred measures.

All changes are effective January 1, 2025 and will be included in a robust onboarding training for new officials. 

Financial and Budgetary Impacts

Additional budgetary impacts or financial costs to the Auditor’s Office are not expected as a result of these updates.

Community Impacts and Community Involvement

The proposed Code changes reflect the passage of Measure 26-228, which changed the City of Portland’s government, and provide other necessary technical updates. These changes are distinct from the overall change in government procedures that are taking place.

100% Renewable Goal

This action does not specifically impact the City’s total energy or renewable energy use.

Document History

Item 1012 Regular Agenda in December 6, 2023 Council Agenda

City Council

Passed to second reading

Passed to second reading December 13, 2023 at 9:30 a.m.

    Item 1048 Regular Agenda in December 13, 2023 Council Agenda

    City Council

    Passed

    • Aye (4):
      • Mingus Mapps
      • Dan Ryan
      • Rene Gonzalez
      • Carmen Rubio
    • Absent (1):
      • Ted Wheeler

    Changes

    Introduced by

    Contact

    Deborah Scroggin

    Elections Division Manager

    Requested Agenda Type

    Regular

    Date and Time Information

    Requested Council Date
    Changes City Code