Chapter 2.02 General Provisions


- Note
(New Chapter added by Ordinance No. 177200, effective February 21, 2003,)

2.02.010 Definitions.
(Amended by Ordinance No. 179258, effective June 17, 2005.) As used in this title, unless the context requires otherwise:
 
A. "Auditor" means the Auditor of the City of Portland, or designee.
 
B. "Candidate" means an individual whose name is or is expected to be printed on the official ballot.
 
C. "City Elections Officer" means the Auditor, or designee.
 
D. "Elector" or "Eligible Elector" means a person qualified to vote who is a resident of the City and a legal registered voter of the City and state of Oregon.
 
E. "General Election" means the statewide election held on the first Tuesday after the first Monday in November of each even-numbered year.
 
F. "Initiative Petition" means a petition to initiate a measure for which a prospective petition has been filed but that is not yet a measure.
 
G. "Measure" means any city legislation, advisory question, property tax levy, tax base, or bond measure proposed for adoption, amendment, revision, repeal or referral through the initiative or referendum procedures prescribed by this title.
 
H. "Nonpartisan" means not representing any national or state political party, committee or convention or acting for any political party. All City elected offices are nonpartisan.
 
I. "Perfected Petition" or "Petition" means the information, including signatures and other identification of petition signatures, required to be contained in a completed petition.
 
J. "Primary Election" means the statewide election held the third Tuesday in May of each even-numbered year.
 
K. "Prospective Petition" means the information, except signatures and other identification of petition signers, required to be contained in a completed petition.
 
L. "Referendum Petition" means a petition to refer a measure for which a prospective petition has been filed but that is not yet a measure.
 
M. "Regular Election" means the biennial statewide primary or general election date.
 
N. "Special Election" means any election at which a measure is submitted to the electors or candidates are nominated or elected on a date other than a regular election date.
 
O. "Statement of Understanding" means a document provided by the Auditor and signed by the Chief Petitioner of a prospective petition indicating receipt of all forms and requirements necessary to file a perfected petition.

2.02.020 City Elections Officer.
A. The Auditor, or designee, shall serve as the City Elections Officer.
 
B. The City Elections Officer may accept for filing and verify elections documents, maintain elections registers and historical records, prepare and publish a voters' pamphlet, and prepare and publish an election notice.
 
C. All documents involving filing as a candidate, organizing a principal campaign committee or a political action committee, reporting campaign contributions, filing an initiative, referendum or recall petition, and preparing and forwarding a measure for the election ballot shall be filed with the City Elections Officer.
 
D. The City Elections Officer shall verify the sufficiency of the content and form of the documents and shall immediately stamp the date and time of receipt on the documents. The City Elections Officer's review does not include verification of factual representations contained in submitted documents or verification that filings are free of substantive legal defects.

2.02.030 Campaign Finance Regulations.
(Amended by Ordinance No. 179258, effective June 17, 2005.) Campaign finance regulations, procedures and forms shall be governed by state law and this title.

2.02.040 Applicability of State Law; Limitations.
(Amended by Ordinance No. 179258, effective June 17, 2005.)
 
A. The provisions of this title and the City Charter shall prevail over any conflicting provisions of state law relating to the exercise of initiative and referendum powers and matters subject to legislation by the City.
 
B. The procedures for nominating and electing city officers shall be as provided by state law, the City Charter, and this title.
 
C. The campaign finance system and reporting requirements for city candidates, political committee, and chief petitioners shall be as provided by state law, the City Charter, and this title.
 
D. All elections for city officers shall be held at the same time and place as elections for state and county officers in accordance with state law, except in the case of a special election to fill a vacancy in office or providing a runoff for two candidates nominated at a general election or special nominating election.
 
E. Except as otherwise provided in the Charter or this title, the Auditor shall maintain and preserve all documents related to an election matter for the retention period prescribed by state law. The Auditor shall retain nominating petitions and declarations of candidacy for six years after the election.
 
F. An emergency ordinance shall not be subject to the referendum process; however, the City Attorney shall be consulted by the Auditor prior to refusal to accept a referendum petition.

2.02.050 Computation of Dates.
A. The filing deadline shall be 5 p.m. on the date the document or fee is due unless the deadline falls on a Saturday, Sunday or other legal holiday specified in ORS 187.010, in which case the due date shall be the next business day at 5 p.m. Documents will be accepted after 5 p.m. if the document is physically in the office at 5 p.m.
 
B. In computing the due date for documents due X months prior to an election date, the time is computed by using months; e.g. if the document is due six months prior to an election date which is November 6, it must be filed on or before May 6 at 5 p.m. If May 6 is a Saturday, Sunday or holiday, the provisions in 2.02.050 apply.