Chapter 2.08 Nomination and Election of Candidates


- Note
(New Chapter substituted by Ord. No. 167654, May 18, 1994.)

2.08.010 Definitions.
(Repealed by Ordinance No. 177200, effective February 21, 2003.)

2.08.020 Applicability of State Law.
(Repealed by Ordinance No. 177200, effective February 21, 2003.)

2.08.030 City Elections Officer.
(Repealed by Ordinance No. 177200, effective February 21, 2003.)

2.08.040 City Offices.
(Amended by Ordinance Nos. 177200 and 178799, effective November 5, 2004.)
 
A. All elective city offices shall be nonpartisan. Petitions or declarations of candidacy shall contain no reference to any political party affiliation. No reference to any political party affiliation shall be included in any notice, voters’ pamphlet, ballot or other elections publication concerning a city candidate.
 
B. The Mayor, Auditor and Commissioners shall be nominated and elected subject to provisions in Charter Section 2-206 and Charter Chapter 3, Article 1 concerning filling vacancies in office and provisions in Code Chapter 2.08.160 concerning absence of a nominee after the Primary Election. If a City candidate receives a majority of the votes cast for an office at the Primary Election, the candidate shall be elected. If no candidate receives a majority of the votes cast for the office at the Primary Election, the two candidates receiving the highest number of votes for that office shall appear on the General Election ballot. The candidate receiving the majority of votes cast at the General Election shall be elected. In case no nomination is made at the Primary Election, nominations may be made at the General Election, and any candidate receiving a majority of votes shall be deemed elected at the General Election.

2.08.050 Qualifications of Candidates.
(Amended by Ordinance No. 177200, effective February 21, 2003.)
 
A. Eligible electors filing for city offices shall meet the qualifications for elected officials described in Charter Section 2-202. The candidate shall be a citizen of the United States and of the State of Oregon, and a registered voter in the City of Portland who shall have been a resident of the City of Portland or of an area which has become part of the City prior to filing the declaration of candidacy or petition for nomination, for a period of not less than one year immediately preceding the nominating election.
 
B. In addition to the requirements of Section 2.08.050 A., candidates for Auditor must at the time of filing a declaration of candidacy or a nominating petition, be a Certified Public Accountant, Certified Internal Auditor, or Certified Management Accountant and remain certified as such throughout the term of office, if elected.
 
C. The City Elections Officer shall reject the filing for candidacy if the City Elections Officer finds that a candidate is not a registered voter in the City of Portland, would otherwise be unable to qualify as an officer if elected, or if the filing is not in compliance with the law or the requirements of this Chapter in any other way.

2.08.060 Filing as a Candidate for Office.
(Amended by Ordinance No. 177200, effective February 21, 2003.)
 
A. An eligible elector may become a candidate for nonpartisan office by filing a declaration of candidacy accompanied by a filing fee or by filing a nominating petition.
 
B. A nominating petition or declaration of candidacy shall contain the name of only one candidate.
 
C. No person shall file a nominating petition or declaration of candidacy for more than one lucrative office on the ballot at the same time. If a person has filed for another office, the person shall first withdraw the prior filing before a nominating petition or declaration of candidacy shall be accepted.
 
D. A nominating petition or declaration of candidacy shall be filed within the time period prescribed by state law.

2.08.070 Filing by Declaration of Candidacy.
(Amended by Ordinance Nos. 173369 and 177200, effective February 21, 2003.)
 
A. The Declaration of Candidacy shall be accompanied by the filing fee.
1. $50 for the office of the Mayor.
 
2. $30 for the office of Commissioner or Auditor.
B. A Declaration of Candidacy shall be on a Filing of Candidacy form provided by the Auditor as prescribed by state law and shall provide qualifications and fees for city candidates. It shall include:
1. The candidate’s name and the manner in which the name should appear on the ballot;
 
2. The candidate’s residence and mailing addresses and other contact information;
 
3. The candidate’s county of residence;
 
4. The position and position number, if applicable, for which the candidate seeks nomination;
 
5. A statement of the candidate’s occupation, educational and occupational experience and prior government experience;
 
6. A statement the candidate will accept nomination or election;
 
7. A statement the candidate will qualify if elected;
 
8. A statement the required fee is included with the declaration; and
 
9. The candidate’s signature.
C. The Filing of Candidacy form shall state pursuant to ORS 260.715 that any person who supplies any information on the form, knowing it to be false, is subject upon conviction to imprisonment in the penitentiary for up to five years or to a fine of $100,000 or both; and pursuant to ORS 249.013 that no person shall file a nominating petition or declaration of candidacy for more than one lucrative office before the date of the primary election unless the person first files a written withdrawal with the officer who accepted the initial filing.

2.08.080 Filing by Nominating Petition
(Amended by Ordinance No. 177200, effective February 21, 2003.)
 
A. As an alternative method of filing as a candidate without the expense of the filing fee, a candidate may file a nominating petition. A nominating petition shall contain no fewer than 100 original signatures of electors registered in the City of Portland.
 
B. Before circulating a nominating petition, the candidate shall file with the City Elections Officer a prospective petition signed by the candidate. The prospective petition shall be a copy of the signature sheet intended for circulation and filing, a statement whether petition circulators will be paid or unpaid, a Filing of Candidacy form. The copy of the signature sheet shall be in the form prescribed by state law and signed by the candidate.
 
C. The Filing of Candidacy form shall be on a form provided by the Auditor as prescribed by state law and shall provide qualifications and signature requirements for city candidates. It shall include the items listed in Section 2.08.070 B. 1. - 7., and 9. and 2.08.070 C. It shall also include a statement that the required prospective petition forms are included with the declaration.
 
D. No petition shall be circulated for signatures without the approval of the prospective petition by the City Elections Officer.
 
E. After circulating the petition, the candidate shall submit to the City Elections Filing Officer the signature sheets including no less than 100 percent of the required signatures and the circulator’s signed certification on each signature sheet that all signatures were obtained in the circulator’s presence and the circulator believes the signatures to belong to eligible electors.
 
F. Upon receipt of signature sheets containing the required number of signatures, the City Elections Officer shall arrange for verification of the validity of the signatures with the County Elections Officers.
 
G. Upon verification of the validity of 100 signatures, the candidate shall file the perfected petition, including a Declaration of Candidacy labeled "perfected petition" with the City Elections Officer.
 
H. Any eligible elector may sign a nominating petition of any candidate for nonpartisan city office.

2.08.090 Withdrawal of Candidate before Certification to County.
(Amended by Ordinance No. 177200, effective February 21, 2003.) A candidate who has filed a Declaration of Candidacy or nominating petition may withdraw as a candidate provided the withdrawal is made by the deadline prescribed by state law and the withdrawal is made on a form provided by the City Elections Officer and signed by the candidate under oath. If the withdrawal is filed before the statutory deadline, the City Elections Officer shall refund any filing fee.

2.08.100 Register of Candidates for Primary Election.
The City Elections Officer shall keep a register of candidates for nomination at the primary election. The register shall contain the title of each office, the name and residence mailing address of each candidate for nomination at the primary election, the date of filing of the prospective petition for nomination of the candidate, the date of filing of the perfected petition for nomination, the date of filing of the declaration of candidacy, and such other information as may aid the City Elections Officer to provide the Multnomah County Elections Officer with information for the official ballot for the primary election.

2.08.110 Statement of Candidates & Measures for Primary and General Elections Ballots.
A. The City Elections Officer shall file with the Multnomah County Elections Officer a statement of the candidates’ names as they will appear on the ballot, the city offices for which candidates are to be nominated or elected, and city measures to be voted on, including the ballot title for each measure. The City Elections Officer shall file this statement no later than the deadline prescribed by state law for notification to county offices.
 
B. The City shall reimburse the County for expenses incurred in changing the ballot if the City Elections Officer makes changes after the deadline for filing the statement with the County.

2.08.120 Post-Election Procedures for Primary and General Elections
(Amended by Ordinance No. 177200, effective February 21, 2003.)
 
A. Upon receipt of the abstract of the vote tally for nominated or elected officers and measures from the County, the City Elections Officer shall act as follows no later than 30 days after the election.
 
B. The City Elections Officer shall:
1. Prepare a register of nominations, including the name of each candidate nominated, the position for which the candidate was nominated, and the date of entry;
 
2. Proclaim to the City Council the candidates nominated or elected and the measures approved;
 
3. Proclaim which measure is paramount if approved measures contain conflicting provisions; and
 
4. Prepare and deliver to each candidate a certificate of nomination or election, provided each candidate has filed financial statements relating to the election that the candidate is required to file under ORS 260.058 and 260.068.
C. The certificate is primary evidence of nomination or election. No candidate shall take the oath of office before receiving a certificate of election from the City Elections Officer. The City Elections Officer shall not grant a certificate of nomination or election to any candidate until the candidate has filed the statements relating to the election that the candidate is required to file under ORS 260.058 and 260.068.
 
D. A contested election and recount of votes for any City office shall be determined according to state law regulating these proceedings.
 
E. Any write-in candidate for a city office who wishes a tally of votes shall file a written request for the tally with the City Elections Officer. The City Elections Officer shall forward the request to the Multnomah, Clackamas and Washington County Elections Officers. The request shall be filed with the City Elections Officer by the deadline prescribed in state law.

2.08.130 Tie Vote.
After a recount of the vote, if two candidates have an equal and highest number of votes at the General Election, the Auditor shall have the candidates meet publicly to decide by lot who is elected after providing notice to the candidates and public.

2.08.140 Candidate Elected by Write-in Vote.
An individual nominated or elected by write-in votes shall sign and file a form indicating that the individual accepts the nomination or office before the City Elections Officer may issue a certificate of nomination or election. The form shall be provided by the City Elections Officer.

2.08.150 Withdrawal after Nomination.
(Amended by Ordinance No. 177200, effective February 21, 2003.) Any person who has been nominated at a nominating or Primary Election may withdraw from nomination by filing a statement declining the nomination and stating the reasons for withdrawal. The request for withdrawal shall be on a form provided by the City Elections Officer and signed by the candidate under oath before the City Elections Officer no later than the deadline prescribed by state law.

2.08.160 Filling Vacancy in Nomination.
A. If the only candidate nominated to a nonpartisan office dies, withdraws, is removed or disqualified or becomes ineligible before the deadline for filing statements with the County, the nomination process shall be initiated and candidates for the office shall file nominating petitions in the manner provided for nonpartisan office. The General Election shall serve as the nominating election. The City Elections Officer shall consult with the Secretary of State in adopting a schedule for filing nominating petitions and subsequent elections documents.
 
B. If a candidate nominated under the provisions of this Chapter receives a majority of the votes cast for the office at the General Election, that candidate shall be deemed elected. If no nominee receives a majority of the vote at a nominating election held at a General Election, the two candidates receiving the highest number of votes shall be in a runoff election, and the candidate receiving a majority of the votes shall be the winner. Any special runoff election required by this Chapter shall be according to provisions of Charter Section 2-206 for filling vacancies in office.

2.08.170 Recall.
Procedures and forms for a recall petition and election shall be according to state law.