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Label:
Ordinance
Amend Campaign Finance Code to maintain enforcement of voter-approved regulations following court order (amend Code Chapter 2.10)
Passed
Amended by Council
The City of Portland ordains.
Section 1. The City Council finds:
- On November 6, 2018, voters approved an initiative adding campaign finance regulation to the City Charter in the City's Municipal General Election. (2018 General Election Report to Council).
- Charter Section 3-305, which is further implemented in Code Chapter 2.10, empowers the City Auditor's Office to enforce campaign finance regulations.
- On July 31, 2025, the Multnomah County Circuit Court determined that the enforcement procedures in Charter Section 3-305 are unconstitutional under the Due Process Clause of the United States Constitution because they do not include adequate procedural protections for those who are subject to campaign finance regulations.
- The City is committed to upholding due process rights for members of the public who are subject to its campaign finance regulations.
- The City is committed to enforcing its campaign finance regulations promptly, accurately, and transparently.
NOW, THEREFORE, the Council directs:
- Amend City Code Chapter 2.10 as shown in Exhibit A.
Official record (Efiles)
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 as amended by Council
Auditor of the City of Portland
Simone Rede
Impact Statement
Purpose of proposed legislation and background information
Charter Section 3-305, which is further implemented in Code Chapter 2.10, empowers the City Auditor's Office to enforce campaign finance regulations contained in City Charter Chapter 3, Article 3 (Campaign Finance in Candidate Elections).
On July 31, 2025, the Multnomah County Circuit Court determined that the enforcement procedures in Charter Section 3-305 (and by extension, in Code Chapter 2.10) are unconstitutional under the Due Process Clause of the United States Constitution because they do not include adequate procedural protections for those who are subject to campaign finance regulations. The court identified two primary concerns: the lack of a hearing, and, relatedly, the abbreviated investigation timeline. Because of this ruling, the Auditor cannot implement the campaign finance enforcement procedures in Charter Section 3-305 and Code Chapter 2.10.
This non-emergency ordinance adds procedures necessary to restore constitutional due process and permit the Auditor to enforce the City's campaign finance regulations. This ordinance amends Code Chapter 2.10 to:
- Add the opportunity to request and receive a hearing to review the City's proposed decisions under City Charter Chapter 3, Article 3 (Campaign Finance in Candidate Elections).
- Change noticing and investigatory timelines to ensure parties have meaningful opportunities to respond to, and participate in, enforcement procedures by:
- Eliminating the halving of noticing and enforcement timelines when a complaint is received within 30 days of an election;
- Adding twelve (12) calendar days to notice timelines (the period between when a complaint is received and the subject of the complaint is notified), to allow Elections time to conduct a sufficiency review and prepare for investigations;
- Granting Elections discretion to extend notice and enforcement timelines for good cause, to be defined by administrative rule.
- Allow the City Auditor to make rules necessary to carry out its enforcement duties.
This ordinance does not impact the administration of the Small Donor Elections program or its enforcement procedures, which are outlined in Code Chapter 2.16 and Administrative Rule.
Financial and budgetary impacts
This ordinance is expected to result in a new intergovernmental agreement with a state or local hearings office to provide independent hearings of City enforcement decisions related to campaign finance regulations. Based on historic levels of enforcement activity the amount is not expected to exceed $7,500 per fiscal year.
Economic and real estate development impacts
An Economic and Real Estate Development Impact Analysis was not submitted for this proposed action.
Community impacts and community involvement
This legislation allows for constitutional enforcement of City campaign finance laws. Outside of providing required due process procedures for all parties in a complaint, there are no other direct community impacts. If amendments are not adopted, Elections may be unable to enforce contribution limits and disclosure requirements, which were adopted by voters to promote transparency and reduce the impact of money on local elections.
100% renewable goal
Not applicable.
Economic and real estate development analysis
Analysis provided by Prosper Portland
An Economic and Real Estate Development Impact Analysis was not submitted for this proposed action. Pursuant to City Council Resolution 37664, Prosper Portland staff has reviewed the action and agree that it does not require an Economic and Real Estate Development Impact Analysis.
Financial and budget analysis
Analysis provided by City Budget Office
No fiscal impact.
Document history
Document number: 2026-055