(Amended by Ordinance Nos. 179535, 181054, 181656 and 182852, effective June 26, 2009.)

A.  “Accounts Payable” means an amount owed to a creditor for the purchase of goods or services, or a pledge to make a Contribution, whether or not enforceable.  A purchase is made when the obligation is first incurred, even if an invoice is not received until a later time.  The date an order for goods or services is placed is the date an obligation is first incurred.  The obligation for media buys is incurred when the media time is reserved.  For the purposes of City Code Chapter 2.10, an Accounts Payable is considered an Expenditure.

B.  “Accounts Receivable” means an unfulfilled pledge, subscription, agreement, or promise, whether or not legally enforceable, to make contributions.  For the purposes of City Code Chapter 2.10, an Accounts Receivable is considered a Contribution.

C.  "Campaign Finance Fund" or "Fund" means the fund established in Section 2.10.020.

D.  "Candidate" means an individual whose name is or is expected to be printed on the official ballot.

E.  "Certified Candidate" means a Candidate for nomination or election to City Office who chooses to participate in the Campaign Finance Fund and who is certified under Section 2.10.080.

F.  "Citizen Campaign Commission" or "Commission" means the commission established in Section 2.10.030.

G.  “City Elector” means a person who is a Resident and a registered voter in Oregon.

H.  "City Office" means the elected offices of Mayor, Commissioner and Auditor.

I.  “Clearly Identified” means:

1.    The name of the Candidate involved appears;

2.  A photograph or drawing of the Candidate appears; or

3.  The identity of the Candidate is apparent by unambiguous reference.

J.  "Contribute" or "Contribution" means:

1.  Payment, loan, gift, forgiving of indebtedness, or furnishing without equivalent compensation or consideration, of money, services other than personal services for which no compensation is asked or given, supplies, equipment or any other thing of value:

a.  For the purpose of influencing an election for public office or an election on a measure, or of reducing the debt of a Candidate for nomination or election to public office or the debt of a Political Committee; or

b.  To or on behalf of a Candidate, Political Committee or measure.

2.  Any unfulfilled pledge, subscription, agreement or promise, whether or not legally enforceable, to make a Contribution.

K.  "Determination Letter" means the letter sent to a Candidate by the Auditor:

1.  Advising whether the Candidate is eligible for certification as outlined in Section 2.10.080 C.; or

2.  Advising whether the Candidate is eligible to receive Matching Funds as outlined in Section 2.10.150 D.

L.  "Exploratory Period" for a Primary Election means the period beginning on the 21st day after the biennial General Election and ending the day before the start of the Qualifying Period defined in Section 2.10.010 Z.  “Exploratory Period” for a Special Nominating Election means the period beginning on the first day of the Special Nominating Election Period and ending the day before the start of the Qualifying Period defined in Section 2.10.010 Z.

M.  "Expenditure" means the payment or furnishing of money or anything of value, or the incurring or repayment of indebtedness or obligation, by or on behalf of any Person, Candidate or Political Committee in consideration for any services, supplies, equipment, or other thing of value performed or furnished for any reason, including support of or opposition to a Candidate, Political Committee or measure, or for reducing the debt of a Candidate for nomination or election to public office.  “Expenditure” includes Contributions made by a Candidate or Political Committee to or on behalf of any other Candidate or Political Committee. 

"Expenditure” does not include:

1.  Any written news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine or other regularly published publication, including internet based publications, unless a Candidate for City Office or Political Committee filed with the City Elections Officer owns the facility;

2.  Any loan of money made by a financial institution, as defined in ORS 706.008, other than any overdraft made with respect to a checking or savings account, if the loan bears the usual and customary interest rate for the category of loan involved, is made on a basis that assures repayment, is evidenced by a written instrument and is subject to a due date or amortization schedule.  However, each indorser or guarantor of the loan shall be considered to have Contributed that portion of the total amount of the loan for which that Person agreed to be liable in a written agreement, except if the indorser or guarantor is the Candidate’s spouse;

3.  Any communication a membership organization or corporation makes only to its members, shareholders or employees if the membership organization or corporation is not organized primarily for the purpose of influencing an election to office; or

4.  Nonpartisan activity not referring to any Clearly Identified Candidate designed to encourage individuals to vote or to register to vote.

N.  "General Election Period" means the period beginning on the 21st day after the biennial Primary Election and ending the 20th day after the biennial General Election.

O.  "Hearings Officer" means the person or persons recommended by the Citizen Campaign Commission and appointed by the City's Code Hearings Officer to review cases and make determinations as outlined in Section 2.10.230.

P.  “Independent Expenditure” means any Expenditure defined by Section 2.10.010 M. that is not made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a Candidate or any agent or authorized committee of the Candidate.  The term “agent” and the phrase “made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a Candidate or any agent or authorized committee of the Candidate” shall have the meanings set forth in ORS 260.005(8)(b) and (e).

An Independent Expenditure is made “in support of”, “supporting”, “in opposition to” or “opposing” a Candidate when:

1.  The communication in whatever medium, including but not limited to radio, television, billboards, direct mail, handbills, bus benches, phone banks, magazines, or newspapers, expressly advocates the election or defeat of one or more Clearly Identified Candidates for City Office through use of explicit phrases, including but not limited to: “vote for,” “elect,” “support,” “Smith for Auditor,” “Jones,” “vote Pro-Environment” accompanied by a listing of Clearly Identified Candidates portrayed as Pro-Environment, “vote against,” “defeat” accompanied by a picture of one or more Candidates, or “reject”; or

2.  The communication, in whatever medium, including but not limited to radio, television, billboards, direct mail, handbills, bus benches, phone banks, magazines, or newspaper:

a.  refers to one or more Clearly Identified Candidates for City Office;

b.  is made within (60) days before a General, Primary, Special Nominating, or Special Runoff Election for the office sought by the Candidate;  and

c.  is targeted toward Residents.

Q.  "In-Kind Contribution" means a good or service, other than money, having monetary value.  Volunteer work hours are non-reportable other receipts and are not considered In-Kind Contributions.

R.  "Matching Funds" mean revenues distributed to Certified Candidates under Section 2.10.150 in addition to the initial allocation of revenues distributed under Section 2.10.100.

S.  “Money Judgment” means any part of a civil or criminal judgment that requires the payment of money.

T.  "Nonparticipating Candidate" means a Candidate for nomination or election to City Office who does not choose to participate in the Campaign Finance Fund and who is not seeking to be certified under Section 2.10.080.

U.  "Notice of Proposed Penalty" means the notice sent under Section 2.10.220 to a Person, Candidate or Political Committee determined to be in violation of Chapter 2.10.

V.  "Person" means an individual, corporation, limited liability company, labor organization, association, firm, partnership, joint stock company, club, organization, or other combination of individuals having collective capacity as defined in ORS 260.005.

W.  "Political Committee" means a combination of two or more individuals, or a Person other than an individual that meets the definition of Political Committee in ORS 260.005 (15).

X.  "Primary Election Period" means the period beginning on the 21st day after the preceding biennial General Election and ending the 20th day after the Primary Election.

Y.  "Qualifying Contribution" means a Contribution during the Qualification Period of exactly $5 in cash, or in the form of a check or a money order made payable by any City Elector to the Candidate or principal campaign committee of the Candidate.

Z.  "Qualifying Period" for regular Primary Elections means the period beginning on the 250th day prior to the Primary Election date of the Primary Election Period and ending on the last business day of January of the Primary Election Period.   For Special Nominating Elections, the Qualifying Period shall begin on the first day to file for office established by ordinance, and shall end on the 70th day prior to the Special Nominating Election date of the Special Nominating Election Period.

AA.  "Resident" means an individual residing within the City limits of the City of Portland.

AB.  "Seed Money Contribution" means a Contribution of no more than $100 made by a Person or Political Committee to a Candidate.

AC.  “Family Member” means any of the following persons:  the Candidate’s spouse, domestic partner, parent, grandparent, child, grandchild, sibling, aunt, uncle, niece, nephew, step-child, step-brother, step-sister, step-parents, step-grandparents, daughter-in-law, son-in-law, sister-in-law, brother-in-law, mother-in-law, father-in-law, grandparents in-law, and equivalent relatives of the Candidate’s domestic partner.

AD.   “Initial Financial Threshold” shall be an amount equal to the amount of revenues distributed to a Certified Candidate as provided in Section 2.10.110 A. for a particular election and City Office.

AE.   “Adjusted Financial Threshold” means the Initial Financial Threshold plus the amount of any adjustment made by the Auditor in accordance with Section 2.10.145 for a particular election and City Office.

AF.   “Financial Threshold” means either the Initial Financial Threshold or, if the Initial Financial Threshold has been adjusted by the Auditor in accordance with Section 2.10.145, the most recent Adjusted Financial Threshold for a particular election and City Office.

AG.  “Special Nominating Election” means a nominating election for a City office held on any date other than the biennial Primary Election date when the Primary Election for that office would normally be held pursuant to City Charter Section 3-301.

AH.  “Special Runoff Election” means a runoff election for a City office held on any date other than the biennial General Election date when the General Election for that office would normally be held pursuant to City Charter Section 3-301.

AI.   “Special Nominating Election Period” means the period beginning on the day a vacancy exists or a notice of intent to resign from office is filed with the Auditor and ending the 10th day after the Special Nominating Primary Election.

AJ.  “Special Runoff Election Period” means the period beginning on the 11th day after the Special Nominating Election and ending the 20th day after the Special Runoff Election.

AK.  "Fixed Asset" means tangible property usable in a capacity that could be of benefit for a period of more than one year from the date of acquisition.

(Amended by Ordinance Nos. 181054 and 182852, effective June 26, 2009.)

A.  The Campaign Finance Fund is established, separate from the General Fund.  All monies described in Section 2.10.040 shall be paid and credited to the Campaign Finance Fund.  Monies in the Fund shall be invested in the same manner as other City monies, and any interest earned shall be credited to the Fund.

B.  The Auditor shall keep a record of all monies deposited into the Campaign Finance Fund and the activity or program against which any withdrawal is charged.

C.  If the Council determines that the Fund contains monies in excess of the amount estimated by Council to be necessary to make payments to Certified Candidates in the next fiscal year, then Council may return the excess amount to other City funds during the budget process, and Council may elect not to appropriate funds to the Fund for the next fiscal year under Section 2.10.040.

D.  Monies in the Fund shall provide, and are continuously appropriated for, the financing of election campaigns of Certified Candidates for nomination or election to City Office, and the payment of administrative, enforcement, and other expenses of the Auditor in carrying out the Auditor's functions and duties under this Chapter.

E.  The Auditor shall adopt rules to ensure effective administration of this Chapter.  The rules shall include but are not limited to procedures and forms for:

1.  Contests involving Special Elections, recounts, vacancies, or withdrawals, including qualification, certification, and disbursement of Campaign Finance Fund revenues and return of unspent revenues for contests;

2.  Obtaining Qualifying Contributions;

3.  Certification as a Certified Candidate;

4.  Collection of revenues for the Campaign Finance Fund;

5.  Distribution of Fund revenues to Certified Candidates;

6.  Investigation and enforcement procedures for misuse of public funds;

7.  Penalty matrix detailing penalties for potential violations of this Chapter;

8.  Interest calculation for delinquent penalties imposed under Section 2.10.220;

9.  Requests for and conduct of hearings under Section 2.10.230;

10.  Criteria for determining what constitutes a valid personal emergency or mitigating circumstance;

11.  Return of Fund disbursements, penalties, and other monies to the Fund;

12.  Notices by Nonparticipating Candidates required under Section 2.10.130;

13.  Notices of Independent Expenditures required under Section 2.10.140;  

14.  Inspection of reports and documents for compliance with this Chapter; and

15.  Printed Advertisement Disclosure requirements under Section 2.10.190.

16.  Valuation of polls and receipt of poll results.

17.  Investigation of alleged violations of Chapter 2.10.

F.  The Auditor shall have the authority to investigate potential violations of this Chapter.

1. Provide assistance to the Auditor and City Council in the development and implementation of the Campaign Finance Fund.

 

2. At the request of the Auditor, advise the Auditor on administrative judgments, recommended policy changes, administrative rule development, and operation of the Campaign Finance Fund.

 

3. Monitor Auditor elections and make Matching Fund decisions under Section 2.10.150 for all Candidates for Auditor if the incumbent Auditor is running for re-election.

 

4. Recommend to the Code Hearings Officer for appointment Hearings Officers to review cases and make determinations under Section 2.10.230.

 

5. Adopt such operating policies and procedures as necessary to carry out its duties.

 

6. Prepare and submit to the City Council a biennial report which shall contain an overview and evaluation of the Campaign Finance Fund during the previous election period.

1. The Citizen Campaign Commission shall meet at least twice per year and may meet more often as otherwise necessary to conduct its business. Meetings shall be conducted in accordance with rules of procedure adopted by the Commission. Four members shall constitute a quorum. A quorum shall be necessary to make decisions that represent the position of the Commission and to conduct any other Commission responsibilities. The election of officers shall take place at the first meeting of each calendar year.

 

2. The officers of the Commission shall consist of a chairperson and a vice-chairperson. The chairperson shall be responsible for conducting the meetings of the committee. The vice-chairperson shall act as chair when the chairperson is not available.

 

3. The Commission may form subcommittees comprised of Commission members which are authorized to act on behalf of the Commission for an assigned purpose.

(Amended by Ordinance Nos. 181054, 181656 and 182852, effective June 26, 2009.)

A.  Seed Money.  Candidates who choose to participate in the Campaign Finance Fund may accept very limited private Contributions at the beginning of their campaigns called Seed Money Contributions. 

1.  To be eligible to become a Certified Candidate, a Candidate:

a.  May not accept Seed Money Contributions except during the Exploratory and Qualifying Periods.

b.  Shall not accept any Seed Money Contributions exceeding one hundred dollars from any Person or Political Committee.

c.  Shall not make a Seed Money Contribution exceeding one hundred dollars from the Candidate's personal funds to the Candidate's principal campaign committee.

2.  A Candidate who has filed for certification under Section 2.10.080 may not accept further Seed Money Contributions.

3.  The total amount of Seed Money Contributions shall be deducted from the revenues distributed by the Auditor to a Certified Candidate under Section 2.10.100.

4.  The aggregate amount of Seed Money Contributions received under this Section shall not exceed an amount equal to ten percent of the applicable Primary Election Period  or Special Nominating Election Period spending limit described in Section 2.10.110 A.1.

B.  Prior Campaign Debt.  If the principal campaign committee of a Candidate seeking certification has a prior campaign debt from a previous election period in which the Candidate was not a Certified Candidate, then during the Exploratory Period only, the Candidate may accept Contributions in addition to the Seed Money Contributions, provided such Contributions and monies are used solely to retire such debt.  

C.  In-Kind Contributions.  In addition to Seed Money, a Candidate seeking certification may accept In-Kind Contributions.  The value of any Contribution received under this Subsection shall not count against the applicable limit on Seed Money Contributions described in Section 2.10.050 A.4. The aggregate amount of In-Kind Contributions received under this Subsection shall not exceed an amount equal to six percent of:

1.  The applicable Primary Election Period and Special Nominating Period spending limit described in Section 2.10.110 A.1. during the Primary Election Period, including the Qualifying and Exploratory Periods;

2.  The applicable General Election Period spending limit described in Section 2.10.110 A.2. during the General Election Period.

3.  The applicable Special Runoff Election Period spending limit described in Section 2.10.110 A.3. during the Special Runoff Election Period.

D.  Volunteer Work-Hours.  Volunteer work-hours are non-reportable other receipts and shall not count against the applicable limit on Seed Money Contributions described in Section 2.10.050 A.4. or the applicable limit on In-Kind Contributions described in Section 2.10.050 C.  An individual may volunteer personal services to a Candidate or Political Committee without making a Contribution as long as the volunteer is not compensated by anyone for the services.  However, if an individual provides services to a Candidate or Political Committee during working hours paid by a third-party employer or the Candidate, that employer of that individual thereby makes an In-Kind Contribution to the Candidate or Political Committee.

(Added by Ordinance No. 179258; amended by Ordinance Nos. 181054, 182852 and 183176, effective September 9, 2009.)

A.  A Candidate shall file a declaration of intent to seek certification as a Certified Candidate for a Primary or Special Nominating Election and to comply with the requirements of Chapter 2.10. 

1.  The declaration of intent for a Primary or Special Nominating Election shall be filed with the Auditor during the applicable Qualifying Period pursuant to forms and procedures adopted by the Auditor by rule.  During the Qualifying Period for a Primary Election, a declaration of intent shall be filed no later than 5:00 p.m. of January 15.  If January 15 falls on a Saturday, Sunday, or City holiday, a declaration of intent shall be filed no later than 5:00 p.m. of the next business day.

A declaration of intent for a Special Nominating Election may be filed at any time during the Qualifying Period.

2.  A Candidate shall submit a declaration of intent for a Primary or Special Nominating Election prior to collecting Qualifying Contributions.

3.  A Candidate with a preexisting principal campaign committee shall file a detailed Contribution and Expenditure Report with the Auditor at the time of filing a declaration of intent pursuant to forms and procedures adopted by the Auditor by rule.  This report shall included all Contributions received and Expenditures made during the Exploratory Period.

B.  The declaration of intent for a Primary or Special Nominating Election shall specify that the Candidate agrees:

1.  To comply with the provisions of the Campaign Finance Fund Program as outlined in Chapter 2.10;

2.  To comply with the provisions of Section 2.10.190, Political Advertisement Disclosure Requirements for Certified Candidates;

3.  That any money received from the Campaign Finance Fund shall not be used to retire a campaign debt incurred prior to Certification; 

4.  That any money received from the  Campaign Finance Fund  shall be used only for purposes related to the Candidate's campaign for nomination or election to the City Office for which the Candidate has qualified as a Candidate in compliance with the provisions of Section 2.10.090, Limitations on Use of Campaign Fund Revenues;

5.  That during the Primary or Special Nominating Election Period, including the Exploratory and Qualifying Periods, a Candidate may not:

a.  Accept Contributions, except for Qualifying Contributions collected during the Qualifying Period as described in Section 2.10.070,  Seed Money Contributions and In-Kind Contributions accepted during the Exploratory and Qualifying Periods as described in Section 2.10.050 or Contributions to retire prior campaign debt during the Exploratory Period in accordance with Section 2.10.050 B; or

b.  Make campaign Expenditures from funds other than Qualifying Contributions collected during the Qualifying Period, Seed Money Contributions collected during the Exploratory and Qualifying Periods and Contributions to retire prior campaign debt during the Exploratory Period in accordance with Section 2.10.050 B.  Except for Seed Money Contributions collected during the Exploratory and Qualifying Periods, a Candidate who has filed a declaration of intent may not make Expenditures from funds received prior to filing the declaration.

6.  That during the Qualifying Period, a Candidate may not incur Accounts Payable, except as provided in Section 2.10.070 G.2.

7.  That the limits for Seed Money Contributions and In-Kind Contributions in Section 2.10.050 apply to the entire applicable Primary Election Period or Special Nominating Election Period, including the Exploratory Period.

(Amended by Ordinance Nos. 181054, 181656 and 182852, effective June 26, 2009.)

A.  To be eligible to become a Certified Candidate for a Primary or Special Nominating Election, a Candidate may receive and spend only Qualifying Contributions in the applicable Qualifying Period, Seed Money and In-Kind Contributions during the applicable Exploratory and Qualifying Periods,  and Contributions to retire prior campaign debt during the Exploratory Period in accordance with Section 2.10.050 B.     A Candidate may incur Accounts Payable during the applicable Qualifying Period only as provided in Section 2.10.070 G.2.

B.  To be eligible to become a Certified Candidate for a Primary or Special Nominating Election, a Candidate shall not make a Qualifying Contribution of more than $5 from the Candidate's personal funds to the Candidate's principal campaign committee.

C.  A Candidate who has filed for certification for a Primary or Special Nominating Election under Section 2.10.080 may not receive further Qualifying Contributions, unless the Auditor has determined that the Candidate does not have the required number of valid Qualifying Contributions per Section 2.10.080 C.  If the Candidate has been notified by the Auditor that the Candidate's filing for certification did not include the required number of Qualifying Contributions, the Candidate may continue to collect Qualifying Contributions to meet the requirement prior to the close of the Qualifying Period.

D.  In order to qualify for certification for a Primary or Special Nominating Election under Section 2.10.080, Candidates must obtain Qualifying Contributions during the Qualifying Period as follows:

1.  Total Number of Contributions:

a.  For a Candidate for nomination or election to the office of Mayor, a minimum of 1,500 City Electors must make a Qualifying Contribution to the Candidate;

b.  For a Candidate for nomination or election to the office of Commissioner, a minimum of 1,000 City Electors must make a Qualifying Contribution to the Candidate;

c.  For a Candidate for nomination or election to the office of Auditor, a minimum of 1,000 City Electors must make a Qualifying Contribution to the Candidate.

d.   An Elector giving a Candidate a Qualifying Contribution must be registered to vote in Portland by 5:00 p.m. of the day the Candidate submits that City Elector’s Qualifying Contribution form to the Auditor.

2.  Required Submission of a Portion of Qualifying Contributions

a.  In addition to collecting the total number of required Qualifying Contributions by the end of the Qualifying Period, a Candidate seeking certification must submit Qualifying Contribution forms that the Candidate has collected to date within five business days after exceeding the following amounts:

(1)  For a Candidate for nomination or election to the office of Mayor, 450 Qualifying Contribution forms;

(2)  For a Candidate for nomination or election to the office of Commissioner, 300 Qualifying Contribution forms;

(3)  For a Candidate for nomination or election to the office of Auditor, 300 Qualifying Contribution forms.

E.  To be eligible to become a Certified Candidate for a Primary or Special Nominating Election, a Candidate shall not accept any Contribution intended to be a Qualifying Contribution exceeding $5 after filing a declaration of intent to seek certification throughout the applicable Qualifying Period. 

F.  To be eligible to become a Certified Candidate for a Primary or Special Nominating Election, a Candidate shall not accept Contributions, except for Contributions intended to be Qualifying Contributions as described in Section 2.10.070 or Seed Money and In-Kind Contributions as described in Section 2.10.050 during the applicable Qualifying Period.

G.  To be eligible to become a Certified Candidate,

1.  A Candidate shall not make campaign Expenditures from funds other than Qualifying Contributions as described in Section 2.10.070 during the applicable Qualifying Period, Seed Money and In-Kind Contributions as described in Section 2.10.050 during the applicable Exploratory and Qualifying Periods, and Contributions to retire prior campaign debt during the Exploratory Period in accordance with Section 2.10.050 B.

2.  Beginning on the 31st day after filing a declaration of intent, a Candidate shall have a positive campaign finance account balance with the Secretary of State.  Thereafter during the Qualifying Period, a Candidate shall not incur Accounts Payable that exceed the total available Seed Money and Qualifying Contributions.

H.  To be eligible to become a Certified Candidate for a Primary or Special Nominating Election, a Candidate must participate in mandatory Campaign Finance Fund-related training established by the Auditor:

1.   Training will cover Campaign Finance Fund code and rules;

2.   The Auditor or Auditor’s designee will conduct training.

I.  No payment, gift or thing of value shall be given or received in exchange for the Qualifying Contribution.

J.  Prior to certification, and in accordance with administrative rules adopted by the Auditor, a Candidate shall return the following types of prohibited Contributions to contributors: 

1.  Qualifying Contributions of not exactly $5 from any City Elector;

2.  Seed Money Contributions exceeding $100 from any Person or Political Committee;

3.  Seed Money Contributions exceeding in aggregate an amount equal to ten percent of the applicable Primary Election spending limit described in Section 2.10.110 A.1.

K.   Prior to certification, and in accordance with administrative rules adopted by the Auditor, a Candidate may return contributions intended to be Qualifying Contributions from contributors who are not City Electors.

L.   The Auditor shall adopt by rule procedures for verifying the identity of a City Elector.

M.   The Auditor shall establish procedures for receipt of Contributions by interested parties directly to the Campaign Finance Fund.

(Amended by Ordinance Nos. 181054, 181656 and 182852, effective June 26, 2009.)

A.  Request for Certification.  After receiving at least the minimum number of Qualifying Contributions specified in Section 2.10.070, a Candidate may file for certification with the Auditor.  The request shall be filed during the applicable Qualifying Period pursuant to forms and procedures adopted by the Auditor by rule.

B.  Certification Requirements.  The Auditor shall determine that the Candidate has:

1.  Signed, filed and complied with the provisions of a declaration of intent to seek certification described in Section 2.10.060;

2.  Received the minimum number of valid Qualifying Contributions described in Section 2.10.070 D.1. during the Qualifying Period;

3.  Qualified as a Candidate for City Office by nominating petition, declaration of candidacy, or other means;

4.  Complied with all requirements applicable to Qualifying Contributions and Seed Money Contributions;

5.  Accepted no Contributions, except for Contributions intended to be Qualifying Contributions as described in Section 2.10.070 during the applicable Qualifying Period, Seed Money and In-Kind Contributions as described in Section 2.10.050 during the applicable Exploratory and Qualifying Periods, and Contributions to retire prior campaign debt during the Exploratory Period in accordance with Section 2.10.050 B.  If a Contribution intended to be a Qualifying Contribution is determined not to have been made by a City Elector, the Candidate must have complied with Section 2.10.080 C.;

6.  Made no Expenditures, except for Qualifying Contributions during the applicable Qualifying Period, Seed Money Contributions and In-Kind Contributions during the applicable Exploratory and Qualifying Periods and Contributions to retire prior campaign debt during the Exploratory Period in accordance with Section 2.10.050 B. A Candidate may incur Accounts Payable during the applicable Qualifying Period only as provided in Section 2.10.070 G.2.;

7.   No unresolved outstanding Money Judgments against the Candidate. The Candidate has the burden of demonstrating to the satisfaction of the Auditor that the Candidate has satisfied any Money Judgment, or is currently paying the terms of the judgment through a plan approved by the judgment creditor and is not in arrears or delinquent as to the payment plan.

C.  Non-Qualifying Five Dollar Contributions. 

1.  If a Contribution intended to be a Qualifying Contribution is determined by the Auditor to not qualify as a Qualifying Contribution as described in Section 2.10.070 because the contributor is not a City Elector, the Candidate shall, prior to certification, and in accordance with administrative  rules adopted by the Auditor:

a.  Apply the five dollar Contribution to the Candidate’s allowable Seed Money as described in Section 2.10.050;

b.   Return the five dollar Contribution to the contributor; or

c.    Place the five dollar Contribution in the Campaign Finance Fund.

2.  A Non-Qualifying Five Dollar Contributions that is returned to the contributor or placed in the Campaign Finance Fund shall not count against the spending limit in Section 2.10.110, either as a Contribution or an Expenditure.

D.   Public Review. 

1.  Contributor information will be posted on the internet for public review.

2.  Members of the public may file an objection to a Qualifying Contribution with the Auditor up to 5 business days after Qualifying Contribution forms have been submitted to the Auditor.

E.  Determination.  The Auditor shall issue a Determination Letter to the Candidate no later than ten business days after the Candidate has filed the completed forms and required information with the Auditor under this section.

1.  If the Candidate has complied with the requirements of Sections 2.10.050, 2.10.060, 2.10.070 and 2.10.080, the Determination Letter shall certify the Candidate as eligible to participate in the Campaign Finance Fund.

2.  If the Candidate has not complied with the requirements of Sections 2.10.050, 2.10.060, 2.10.070, and 2.10.080, the Determination Letter shall state the reasons the Candidate has not been certified and list the actions, if any, the Candidate may take to become certified.

3.  After the Auditor has determined that the Candidate has received at least the minimum number of valid Qualifying Contributions described in Section 2.10.070 D.1. during the applicable Qualifying Period, the Auditor will stop verifying the Candidate’s Contributions intended to be Qualifying Contributions.

a.  Any Contribution intended to be a Qualifying Contribution that the Auditor has not verified as a Qualifying Contribution shall be classified as an Unverified Five-Dollar Contribution.  The Candidate shall dispose of any Unverified Five-Dollar Contributions as follows:

(1)  Apply to the Candidate’s allowable Seed Money as described in Section 2.10.050; or

(2)  Return to the contributor; or

(3)  Place in the Campaign Finance Fund.

b.  An Unverified Five Dollar Contributions that is returned to the contributor or placed in the Campaign Finance Fund shall not be considered a Contribution or Expenditure and shall not count against the spending limit in Section 2.10.110.

F.  A Certified Candidate shall comply with all requirements of Chapter 2.10 after certification and throughout the Primary, General Election, Special Nominating, and Special Runoff Periods.

G.  Certification determinations may be challenged under Section 2.10.230.

(Amended by Ordinance Nos. 181054, 181656 and 182852, effective June 26, 2009.)

A.  After becoming a Certified Candidate, a Candidate shall limit the Candidate's Expenditures to the revenues distributed to the Candidate from the Campaign Finance Fund and to remaining Qualifying and Seed Money Contributions.  A Certified Candidate may not accept any other Contributions, except for Contributions described in Sections 2.10.090 E. and F.

B.  Notwithstanding ORS 260.407, all Qualifying Contributions, Seed Money Contributions and Campaign Finance Fund revenues distributed to Certified Candidates from the Fund shall be used only for direct allowed campaign purposes related to the Candidate's campaign for nomination or election to the City Office for which they have qualified as a Candidate.  The Auditor shall establish guidelines regarding direct allowed campaign expenditures by administrative rule.

C.  Prohibited Uses.  Revenues distributed to a Certified Candidate from the Campaign Finance Fund may not be:

1.  Used to make any Expenditures for personal use prohibited by ORS Chapter 260 and Oregon Administrative Rules, including but not limited to:

a.  Salary or payment to a Person, unless the Person is providing bona fide services to the campaign and is compensated at fair market value;

b.  Admission to a sporting event, concert, theater, or other form of entertainment unless part of a specific campaign activity;

c.  Dues, fees, or gratuities at a country club, health club or other recreational facility unless part of the costs of a specific fundraising event;

d.  Mortgage, rent or household utility payments for any part of a personal residence;

e.  Purchases of household food items or supplies; or

f.  Purchase of clothing, other than items of de minimis value used in the campaign (such as t-shirts).

2.  Contributed to any other Candidate, Political Committee or measure;

3.  Used to make Independent Expenditures supporting or opposing any Candidate, Political Committee or measure;

4.  Used in connection with the nomination or election of a Certified Candidate to any office or at any election except to the office or election for which the revenues were originally distributed;

5.  Used to repay any loans, debts or penalties;

6.  Used to pay for consulting services to a Person, unless the Person is providing bona fide services to the campaign and is compensated at fair market value;

7.  Used for out-of-state travel;

8.   Certain vehicle-related expenses, including vehicle purchases, leases, rentals, insurance, repairs, or fuel. Vehicle mileage reimbursement for campaign purposes is allowed, using the standard rate used by the City for mileage reimbursement;

9.   Attorney, accountant and other professional service fees in conjunction with appealing penalties or decertification;

10.   Election night and post-election parties.

11.  Used for salary or payment, other than reimbursable expenses, to a Family   Member.

D.   Contributions to civic and non-profit organizations from  Campaign Finance Fund revenues are permitted only if the payment is for the purpose of attending a specific campaign event open to the public.

E.  In addition to revenues distributed to the Candidate from the Campaign Finance Fund, a Certified Candidate may accept In-Kind Contributions subject to the following limitations:

1.  During the Primary Election or Special Nominating Election Period, including the Exploratory and Qualifying Periods, the aggregate amount of In-Kind Contributions received by a Certified Candidate shall not exceed an amount equal to six percent of the applicable spending limit described in Section 2.10.110 A.1.;

2.  During the General Election Period, the aggregate amount of In-Kind Contributions received by a Certified Candidate shall not exceed an amount equal to six percent of the applicable spending limit described in Section 2.10.110 A.2.

3.  During the Special Runoff Election Period, the aggregate amount of In-Kind Contributions received by a Certified Candidate shall not exceed an amount equal to six percent of the applicable spending limit described in Section 2.10.110 A.3.

F.  Volunteer personal services to a committee are non-reportable other receipts and shall not count against the applicable limit on In-Kind Contributions described in Section 2.10.090 E. An individual may volunteer personal services to a Candidate or Political Committee without making a Contribution as long as the volunteer is not compensated by anyone for the services.  However, if an individual provides services to a Candidate or Political Committee during working hours paid by a third-party employer or the Candidate, the employer thereby makes an In-Kind Contribution to the Candidate or Political Committee.

G.  The Auditor will develop rules for the reimbursement of automobile use strictly for campaign purposes.

(Amended by Ordinance Nos. 181054, 181656 and 182852, effective June 26, 2009.)

A.  The Auditor shall distribute revenues in the Campaign Finance Fund to Certified Candidates for nomination to a City Office in amounts determined under Section 2.10.110, minus the total amount of Qualifying Contributions and Seed Money received by the Candidate, in the following manner:

1.  Within 10 business days after certification, an amount equal to 30 percent of the amount available to the Candidate for the Primary Election Period under Section 2.10.110;

2.  Within 5 business days after the 90th day immediately preceding the biennial Primary Election, an amount equal to 70 percent of the amount available to the Candidate for the Primary Election Period under Section 2.10.110;

3.  Within 30 days after the biennial Primary Election, an amount equal to 30 percent of the amount available to the Candidate for the General Election  Period under Section 2.10.110;  and

4.  Within 5 business days after the 120th day immediately preceding the General Election, an amount equal to 70 percent of the amount available to the Candidate for the General Election Period under Section 2.10.110.

5.  In the case of Special Nominating and Runoff Elections to fill a vacancy in office, the Auditor shall establish a similar schedule by rule.

B.  In the case of Candidates described in Section 2.10.100 A. who qualify as Certified Candidates on or after the 90th day immediately preceding the biennial Primary Election, the Auditor shall distribute revenues from the Campaign Finance Fund to the Candidate in an amount equal to 100 percent of the amount available to the Candidate for the election under Section 2.10.110, minus the total amount of Qualifying Contributions and Seed Money received by the Candidate.  The revenues shall be distributed within 10 business days after certification.

C.  The Auditor shall provide for distribution of Campaign Finance Fund revenues to Certified Candidates by any mechanism that is expeditious, ensures accountability, and safeguards the integrity of the Fund.

D.  Except as provided in Section 2.10.100 E., the Auditor may extend the deadline for distributing revenues under this section in the case of a recount or other circumstance that makes distribution of revenues by a deadline specified in this section impracticable. 

E.  If the revenues are to be distributed to a Certified Candidate for Auditor and the Auditor is running for re-election, the Citizen Campaign Commission may extend the deadline for distributing revenues under this section in the case of a recount or other circumstance that makes distribution of revenues by a deadline specified in this section impracticable.

F.  The Auditor shall not distribute revenues from the Campaign Finance Fund to Certified Candidates in excess of the total amount of monies available in the Fund.

(Amended by Ordinance Nos. 181054 and 182852, effective June 26, 2009.)

A.  Subject to Section 2.10.100 F., Section 2.10.160 B., and Section 2.10.110 C., and except as provided in Section 2.10.110 B., the amount of revenues to be distributed to Certified Candidates as described in Section 2.10.100 shall be:

1.  For contested Primary and Special Nominating Elections:

a.  $200,000 for each Candidate for nomination to the office of Mayor;

b.  $150,000 for each Candidate for nomination to the office of Commissioner;  and

c.  $150,000 for each Candidate for nomination to the office of Auditor.

2.  For General Elections:

a.  $250,000 for each Candidate for election to the office of Mayor;

b.  $200,000 for each Candidate for election to the office of Commissioner;  and

c.  $200,000 for each Candidate for election to the office of Auditor.

3.  For Special Runoff Elections:

a.  $137,500 for each Candidate for election to the office of Mayor;

b.  $110,000 for each Candidate for election to the office of Commissioner; and

c.  $110,000 for each Candidate for election to the office of Auditor.

B.  For each contested Primary or Special Nominating Election, the amount of revenues to be distributed to a Certified Candidate under this section shall be reduced by an amount equal to the aggregate amount of:

1.  Seed Money Contributions received by the Candidate during the applicable Exploratory and Qualifying Periods;  and

2.  Qualifying Contributions received by the Candidate during the applicable Qualifying Period.

C.  For uncontested Primary and Special Nominating Elections where there is only one Candidate appearing on the ballot for a particular office at the Primary nominating election:

1.  No revenues shall be distributed to that Candidate. 

2.  A Certified Candidate who is the only Candidate appearing on the ballot for a particular office and has received revenues from the Fund per Section 2.10.100 shall deliver to the Auditor an amount of money equal to the revenues distributed to the Candidate from the Campaign Finance Fund no later than the 42nd day before the Primary or Special Nominating Election.  This money shall be deposited by the Auditor in the Campaign Finance Fund.

(Amended by Ordinance Nos. 181054, 181656, 182852 and 183143, effective August 26, 2009.)

A.  The Oregon Secretary of State is the filing officer for all Oregon candidates and committees, ORS 260.057. All Candidates are required to file Contributions and Expenditures electronically via the Secretary of State’s electronic reporting system.  All Candidates will follow the schedule prescribed by the Secretary of State, but Certified Candidates and Candidates that have filed, and not withdrawn, a declaration of intent described in Section 2.10.060 will report at the following shorter intervals:

1.   The following will be reported within 14 days:

a.   All Seed Money Contributions, Qualifying Contributions, In-Kind Contributions, Campaign Finance Fund revenues received, and all Expenditures made by a Candidate prior to the 42nd day before the biennial Primary Election or Special Nominating Election.

b.   All In-Kind Contributions, Campaign Finance Fund revenues received, and all expenditures made by a Candidate from the Campaign Finance Fund after the biennial Primary Election but prior to the 42nd day before the biennial General Election or Special Runoff Election.

2.   The following will be reported within 7 days:

a.   All In-Kind Contributions, Campaign Finance Fund revenues received, and all Expenditures made by a Certified Candidate during 42 days before and including the biennial Primary Election or Special Nominating Election day.

b.  All In-Kind Contributions, Campaign Finance Fund revenues received, and all Expenditures made by a Certified Candidate during 42 days before and including the biennial General Election or Special Runoff Election day.

B.  Notices filed under Sections 2.10.120, 2.10.130 and 2.10.140 shall be inspected by the Auditor for sufficiency.

1.  The Auditor shall immediately notify a Person required to file a notice under these Sections if:

a.  Upon examination of relevant materials, it appears to the Auditor that the Person has failed to file a required notice or that a notice filed with the Auditor is insufficient; or

b.  A complaint is filed with the filing officer under Section 2.10.120 B.2.

2.  A City Elector may file a complaint with the Auditor that a notice filed with the Auditor is insufficient or that a Person has failed to file a required statement.  The complaint shall be in writing, shall state in detail the reasons for complaint and shall be filed with the Auditor no later than the 90th day after the date the notice about which it complains is filed or should have been filed.

C.  Disclosure reports for Nonparticipating Candidates shall be filed under Section 2.10.130.

D.  Disclosure reports for Independent Expenditures shall be filed under Section 2.10.140.

(Amended by Ordinance Nos. 181054, 181656 and 182852, effective June 26, 2009.)

A.  A Nonparticipating Candidate for nomination or election to City Office shall report Contribution and Expenditure transactions electronically with the Secretary of State as provided in this Section when the Nonparticipating Candidate has received Contributions or made Expenditures during the Primary Election, the Special Nominating Election Period, the General Election Period, or the Special Runoff Election Period in an aggregate amount that exceeds the Initial Financial Threshold.

B.    

1.  Except as provided in Section 2.10.130 B.2., Contribution and Expenditure transactions shall be reported to the Secretary of State no later than 5:00 p.m. of the second business day after the amount of Contributions received or Expenditures made first exceeds the Initial Financial Threshold.

2.  During the period beginning on the 42nd day before the election and ending on the date of the election, the Contribution and Expenditure transactions shall be reported to the Secretary of State no later than 5:00 p.m. of the next business day after the amount of Contributions received or Expenditures made exceeds the Initial Financial Threshold.

3.   During the period described in Section 2.10.130 B.2., the Saturday and Sunday immediately prior to the date of the election will be considered ”business days”.

C.  In addition to any requirements of State law, once a Nonparticipating Candidate’s Contributions or Expenditures exceed the Initial Financial Threshold, the Candidate shall file an ORESTAR report each time the Candidate receives Contributions or makes Expenditures in an aggregate amount of:

1.  $7,500 or more in the case of a Candidate for nomination or election to the office of Mayor;

2.  $5,000 or more in the case of a Candidate for nomination or election to the office of Commissioner;  and

3.  $5,000 or more in the case of a Candidate for nomination or election to the office of Auditor.

D.  All Contribution and Expenditure transaction filings required by this Section shall provide full and timely disclosure of all Contributions and Expenditures required to be reported. 

E.  For purposes of this Section, an Expenditure is obligated when the Expenditure is made or an agreement to make the Expenditure is made.

F.  The notice shall be inspected by the Auditor for sufficiency as described in Section 2.10.120.

G.  Reporting and Reserving Funds for General or Special Runoff Election.  During the Primary or Special Nominating Election Period, Nonparticipating Candidates may reserve Contributions for the General or Special Runoff Election Period that may not be used by the Auditor to adjust the Financial Threshold or determine if a Nonparticipating Candidate has exceeded the Financial Threshold during the Primary or Special Nominating Election Period.

1.  Eligibility for and reporting of reserved contribution funds shall be defined and described by the Auditor in an administrative rule. 

2.  A Nonparticipating Candidate must file with the Auditor an intent to reserve funds prior to reporting reserved funds.  A Nonparticipating Candidate may withdraw an intent to reserve funds prior to the 42nd day before the Primary or Special Nominating Election date.

3.  Violations and Penalties. 

a.  A Nonparticipating Candidate shall be in violation of the Code and liable for civil penalties if:

(1)  A Nonparticipating Candidate uses reserved funds previously reported as reserved as described in this Section, during the Primary or Special Nominating Election Period;

(2)  The use of reserved funds contributed to the Nonparticipating Candidate exceeding the Financial Threshold; and

(3)  The Nonparticipating Candidate has not withdrawn an intent to reserve funds.

b.  As described in Subsection 2.10.220 A.3., the Auditor may impose a civil penalty on the Nonparticipating Candidate for failure to file a Nonparticipating Candidate report or include information required by Section 2.10.130. 

c.  Per Subsection 2.10.020 E.7., penalties for violations of this section shall be described in the penalty matrix by an administrative rule.

(Amended by Ordinance Nos. 181656 and 182852, effective June 26, 2009.)

A.  A Person or Political Committee making an Independent Expenditure in an amount of $1,000 or more, or Independent Expenditures in an aggregate amount of $1,000 or more, supporting or opposing a Candidate or Candidates for nomination or election to City Office shall file notice with the Auditor as provided in this Section.

B.  The notice shall be filed with the Auditor no later than 5:00 p.m. of the next business day after the funds for the Independent Expenditure or Expenditures are obligated.  The notice shall:

1.  Describe the amount and purpose of the Independent Expenditure or Expenditures;

2.  State the name of the Candidate or Candidates the Independent Expenditure or Expenditures are intended to support or oppose;  and

3.  Be in the format prescribed by the Auditor.

C.  The Auditor shall on the same business day that the notice is received:

1.  Publish a copy of the notice on the Internet; and

2.  Notify each Candidate at the same election for the nomination or office described in Section 2.10.140 A. for whom a nominating petition, a declaration of candidacy or a certificate of nomination has been filed.

D.  Each separate Independent Expenditure or aggregate amount of Independent Expenditures described in Section 2.10.140 A. shall require compliance with the provisions of this Section.

E.  For purposes of this Section, an Independent Expenditure is obligated when the Expenditure is made or an agreement to make the Expenditure is made.

F.  The notice shall be inspected by the Auditor for sufficiency as described in Section 2.10.120.

G.  The provisions of Section 2.10.140 apply during the periods:

1.  Beginning on the first day to file as a Candidate for the Primary or Special Nominating Election and ending on the date of the Primary or Special Runoff Election; and

2.  Beginning on the day 1st day after the Primary or Special Nominating Election and ending on the date of the General or Special Runoff Election.

(Added by Ordinance Nos. 181656 and 182852, effective June 26, 2009.)

A.   The Initial Financial Threshold and subsequent Adjusted Financial Thresholds will be adjusted by the Auditor to ensure fair and equitable distribution of Matching Funds. The Auditor shall adjust the Financial Threshold for each election and office in accordance with provisions in Section 2.10.145. Each such adjustment will result in an Adjusted Financial Threshold for a particular City Office and election.

B.   If a Nonparticipating Candidate gathers Contributions or makes Expenditures in an amount that exceeds the Financial Threshold, the Auditor shall:

1.   Adjust the Financial Threshold of that election and City Office to the higher level of that Candidate’s Contributions or Expenditures;

2.   Notify all Certified Candidates of eligibility for Matching Funds in the amount of the adjustment.

C.   If a Nonparticipating Candidate’s Contributions or Expenditures, when combined with Independent Expenditures made in support of that Candidate, exceed the Financial Threshold, the Auditor shall:

1.  Adjust the Financial Threshold of that election and City Office to the aggregate of the higher level of that Candidate’s Contributions or Expenditures plus the Independent Expenditures made in support of that Candidate;

2.   Notify Certified Candidates of eligibility for Matching Funds in the amount of the adjustment.

D.  If an Independent Expenditure is made in support of a Certified Candidate, the Auditor shall:

1.   Adjust the Financial Threshold of that election and City Office to the aggregate of the Financial Threshold plus the Independent Expenditures;

2.   Notify any other Certified Candidates of eligibility for Matching Funds in the amount of the adjustment.

E.   If an Independent Expenditure is made in opposition to a Certified Candidate, and the Independent Expenditure, combined with the highest level of Contributions or Expenditures for any Nonparticipating Candidate plus any other Independent Expenditures made in support of the Nonparticipating Candidate, exceeds the Financial Threshold, the Auditor shall:

1.   Adjust the Financial Threshold of that election and City Office to the aggregate of the highest level of Contributions or Expenditures for a Nonparticipating Candidate plus Independent Expenditures for that Nonparticipating Candidate plus Independent Expenditures against the Certified Candidate; and

2.   Notify the Certified Candidate against whom the Independent Expenditure was made of eligibility for Matching Funds in the amount of the adjustment.

F.   If an Independent Expenditure is made in opposition to a Nonparticipating Candidate, the Auditor shall:

1.   Adjust the Financial Threshold of that election and City Office to the aggregate of the Financial Threshold plus the Independent Expenditure.

2.   No Matching Funds will be distributed to Certified Candidates as a result of the adjustment.

G.   If there are multiple Independent Expenditures that in combination with Candidate Contributions or Expenditures exceed the Financial Threshold, the Auditor shall adjust the Financial Threshold to the highest among the combinations.

H.   If an Independent Expenditure is made in support of multiple Candidates, the Auditor shall determine the portion of the expenditure that benefits the participating or Nonparticipating Candidates in order to adjust the Financial Threshold.

I.   In calculating the Adjusted Financial Threshold, the Auditor shall not include In-Kind Contributions made to Nonparticipating Candidates that are equal to or less than the following amounts:

1.  $12,000 for Mayor Candidates and $9,000 for Commissioner and Auditor Candidates in aggregate for the Primary Election or Special Nominating Election Period.

2.  $15,000 for Mayor Candidates and $12,000 for Commissioner and Auditor Candidates in aggregate for the General Election or Special Runoff Election Period.

J.   In situations not clearly addressed by these provisions, the Auditor may confer with the Citizen Campaign Commission and shall make a decision that furthers the goal of bringing greater equity and fairness to campaign financing. The Auditor may thereafter adopt an administrative rule to govern adjustments to an Initial or Adjusted Financial Threshold or determination of Matching Funds.

K.   If a Candidate disagrees with the Auditor’s determination on adjusting the Financial Threshold based on whether an Independent Expenditure is in support of or opposition to a Candidate, the Candidate may request that the Auditor confer with the Citizen Campaign Commission or a subcommittee of its members. The Auditor is not required to confer with the Citizen’s Campaign Commission. Such request must be made within 5 business days of the determination. The Auditor may issue a revised determination as a result of such request. All determinations of the Auditor on adjustments to Financial Thresholds are final. No appeals of Financial Threshold determinations to the Hearings Officer are permitted.

(Amended by Ordinance Nos. 179535, 181656 and 182852, effective June 26, 2009.)  In addition to the revenues distributed to Certified Candidates under Section 2.10.100, Certified Candidates may be eligible to apply for limited Matching Funds as follows:

A.  Matching Funds Available. The Auditor shall authorize matching funds in an effort to bring greater equity and fairness to campaign financing. Subject to Sections 2.10.100 F. and 2.10.150 B., Matching Funds under this Section shall be distributed from the Campaign Finance Fund:

1.   If the Financial Threshold is adjusted pursuant to Sections 2.10.145 B. and C., Matching Funds will be distributed upon request to each Certified Candidate in the amount of the adjustment to the Financial Threshold.

2.   If the Financial Threshold is adjusted pursuant to Section 2.10.145 D., Matching Funds will be distributed upon request in the amount of the adjustment to each Certified Candidate other than the Certified Candidate in whose support the Independent Expenditure was made. 

3.  If the Financial Threshold is adjusted pursuant to Section 2.10.145 E., Matching Funds will be distributed upon request in the amount of the adjustment to the Certified Candidate against whom the Independent Expenditure was made. No other Certified Candidate shall receive Matching Funds as a result of the adjustment.

4.   If the Financial Threshold is adjusted pursuant to Section 2.10.145 F., no Matching Funds will be distributed to Certified Candidates.

5.   If a Certified Candidate receives Matching Funds, the Candidate is not required to return those funds if Independent Expenditures that benefit that Candidate are made subsequent to distribution of Matching Funds. However, if a Certified Candidate benefits from such an Independent Expenditure, that amount of the Independent Expenditure will be subtracted to determine any share of subsequent Matching Funds, as provided in Sections 2.10.145 D. and F.

6.   If the Auditor adjusts the Financial Threshold and determines that one or more Certified Candidates may be eligible for Matching Funds, the Auditor shall reserve the amount of Matching Funds for which the Certified Candidate or Candidates may be eligible throughout the relevant Primary Election Period or General Election Period, whether or not the Certified Candidate requests such funds pursuant to Section 2.10.150. Such reserved Matching Funds are not available for distribution to other Certified Candidates as Matching Funds and will be included in the calculation of maximum Matching Funds available under Section 2.10.150 B.

B.  Maximum Matching Funds Available.  The amount of Matching Funds distributed under this Section shall not exceed:

1.  In the case of nominating Primary or Special Nominating Elections where there is only one Certified Candidate for a particular office, 100 percent of Initial Financial Threshold for the election and City Office;

2.  In the case of nominating Primary or Special Nominating Elections where there are more than two Candidates appearing on the ballot and one or more Nonparticipating Candidates for the same office, 100 percent of the amount available under Section 2.10.110 will be divided and available to all eligible Certified Candidates;

3.  In the case of General or Special Runoff Elections where one Certified Candidate and one Nonparticipating Candidate will appear on the ballot for the same election and City Office, up to an additional 150 percent of the amount available under Section 2.10.110 to be distributed to the eligible Certified Candidate.

C.  Request for Matching Funds.  To be eligible to receive Matching Funds, a Certified Candidate shall file a written request with the Auditor.  The request shall be filed pursuant to forms and procedures adopted by the Auditor by rule.

D.  Matching Funds Determination and Distribution. 

1.  Except as provided in Section 2.10.150 D.2., the Auditor shall issue a Determination Letter detailing the Matching Fund decisions under this Section within one business day after receiving a written request from a Certified Candidate.

2.  If the request for Matching Funds is from a Certified Candidate for Auditor and the Auditor is running for re-election, the Citizen  Campaign Commission shall issue a Determination Letter within one business day after receiving a written request from a Certified Candidate.

3.  The Auditor shall distribute Matching Funds within two business days after issuing the Determination Letter if the letter states that a Certified Candidate qualifies for Matching Funds. The Auditor may use any distribution mechanism that is expeditious, ensures accountability and safeguards the integrity of the Fund to allow for prompt distribution of Matching Funds to Certified Candidates.

4.  If the Determination Letter states that the Certified Candidate does not qualify for Matching Funds, the letter shall detail the reasons for this decision. 

5.  Matching Fund determinations may be challenged under Section 2.10.230.

(Amended by Ordinance Nos. 181054 and 182852, effective June 26, 2009.)

A.  If the Certified Candidate’s campaign finance account balance with the Secretary of State for the nominating Primary or Special Nominating Election shows unspent revenues received from the Campaign Finance Fund 30 days after the election, and the Candidate was not nominated at the Primary or Special Nominating Election, the Candidate shall return an amount of money equal to the amount of the unspent revenues to the Auditor no later than 30 days after the election.

B.  If the Certified Candidate’s campaign finance account balance with the Secretary of State for the nominating Primary or Special Nominating Election shows unspent revenues received from the Campaign Finance Fund 30 days after the election, and the Candidate was nominated at the nominating Primary or Special Nominating Election, the amount of revenues to be distributed to the Certified Candidate under Section 2.10.110 at the General Election shall be reduced by an amount equal to the aggregate amount of unspent revenues received from the Campaign Finance Fund.

C.  If the Certified Candidate’s campaign finance account balance with the Secretary of State for the Primary or Special Nominating Election shows unspent revenues received from the Campaign Finance Fund 30 days after the election, and the Candidate wins a majority of votes cast, the Candidate shall return an amount of money equal to the amount of the unspent revenues to the Auditor not later than 30 days after the election.

D.  If the Certified Candidate’s campaign finance account balance with the Secretary of State for the General or Special Runoff Election shows unspent revenues received from the Campaign Finance Fund, 30 days after the election, the Candidate shall return an amount of money equal to the amount of the unspent revenues to the Auditor not later than 30 days after the election.

E.  If the Certified Candidate has outstanding Accounts Payable and Receivable on the date for returning unspent money, the Auditor may arrange for an estimated payment with final payment due no later than 30 days after the election.

F.  Unspent Campaign Finance Funds in excess of open Accounts Payable and Accounts Receivable shall be returned to the Auditor not more than 30 days after the election.

G.  A payment plan for open accounts must be filed with the Auditor and a payment plan for these open accounts must be settled no later than 60 days after the election.

H.  The Auditor shall deposit monies received under this Section in the Campaign Finance Fund.

I.  Unused or returned campaign-specific promotional items that the Auditor determines have value only to a Certified Candidate or a future campaign of the Certified Candidate, such as lawn signs and banners, may be kept by the Certified Candidate’s principal campaign committee after the Primary, General, or Special Election described in Sections 2.10.160 A., 2.10.160 C., and 2.10.160 D.  If the Certified Candidate uses these items in a future City election, these items shall be reported by the Candidate as In-Kind contributions to the Candidate, with valuations of 100% of the original purchase prices.

J.  Fixed Assets.  Fixed Assets purchased by a Certified Candidate must either be returned to the Auditor as unspent funds 30 days after the election or be sold for fair market value; the sale proceeds may be used for direct campaign purposes subject to the following:

1.  Fixed Assets purchased during the Primary Election or Special Nominating Election Period may be used during the General or Special Runoff Election Period.

2.  Fixed Assets purchased during the Primary Election or Special Nominating Election Period may be sold, and the sale proceeds used for campaign purposes, only during the Primary Election or Special Nominating Election Period.

3.  Fixed Assets purchased during the General Election or Special Runoff Election Period may be sold, and the sale proceeds used for campaign purposes during the General Election or Special Runoff Election Period.

4.  Fixed Assets purchased during the Primary or Special Nominating Election Period and then sold during the General or Special Runoff Election Period shall not be used for campaign purposes during the General or Special Runoff Election Period.  Such proceeds shall be considered unspent funds and shall be returned to the Auditor.

The Auditor may further describe how Fixed Assets purchased by a Certified Candidate may be disposed of by administrative rule.

(Amended by Ordinance Nos. 181054 and 182852, effective June 26, 2009.)  Notwithstanding any provisions of Section 2.10.040:

A.  Not later than the 10th business day following the end of the Qualifying Period before the Primary Election, the Auditor shall determine whether the amount deposited in the Campaign Finance Fund under Section 2.10.040 will be sufficient to provide the amount the Auditor estimates will be necessary to make payments to Certified Candidates under Chapter 2.10 at the Primary, General, Special Nominating and Special Runoff Elections, and to cover administrative, enforcement and other expenses of the Auditor in carrying out the Auditor's functions and duties under this Chapter.  The Auditor's expenses to administer the system should generally not exceed ten percent of the total funds deposited in the Campaign Finance Fund for the applicable combined Primary and General Election Periods, or combined Special Nominating and Special Runoff Periods.

B.  If the Auditor determines that the amount deposited in the Campaign Finance Fund will be insufficient, the Auditor shall request the additional amount the Auditor estimates will be necessary from the City Council subject to the annual appropriation limit detailed in Section 2.10.040 A.

(Amended by Ordinance Nos. 181656 and 182852, effective June 26, 2009.)

A.  As part of the declaration of intent described in Section 2.10.060, a Candidate shall agree to include the information described in Sections 2.10.190 B. - D. in any advertisement advocating the nomination, election or defeat of a Certified Candidate and paid for by the Certified Candidate or the Certified Candidate's principal campaign committee.

B.  A printed advertisement described in Section 2.10.190 A. shall include the phrase "Paid for by" followed by the name of the Certified Candidate or principal campaign committee of the Certified Candidate.  The advertisement shall also include the following statement:  "As a Certified Campaign Finance Fund Candidate, I take personal responsibility for the content of this campaign ad."  The statement shall be followed by the legibly printed name of the Candidate.  As used in this Section, "printed advertisement" means a brochure, pamphlet, flyer, newspaper or magazine advertisement or similar advertisement designated by the Auditor by rule.  "Printed advertisement" does not include any button, sign or other similar advertisement designated by the Auditor by rule.

C.  A radio advertisement described in Section 2.10.190 A. of this Section shall include the phrase "Paid for by" followed by the name of the Certified Candidate or principal campaign committee of the Certified Candidate.  The advertisement shall also include the following statement by the Certified Candidate:  "As a Certified Campaign Finance Fund Candidate, I take personal responsibility for the content of this campaign ad."

D.  A television, internet, or video advertisement described in Section 2.10.190 A. of this Section shall include the phrase "Paid for by" followed by the name of the Certified Candidate or principal campaign committee of the Certified Candidate.  The phrase shall occur visually or audibly. The advertisement shall also include the following statement made by the Certified Candidate:  "As a Certified Campaign Finance Fund Candidate, I take personal responsibility for the content of this campaign ad."  The statement shall be made by the Certified Candidate while in front of the camera or while a photograph of the Certified Candidate is displayed.  If the advertisement is an internet advertisement without an audio component, the advertisement shall be treated as a printed advertisement described in Section 2.10.190 B.

(Amended by Ordinance No. 182852, effective June 26, 2009.)

A.  A Certified Candidate may withdraw as a Certified Candidate by filing a written statement of withdrawal with the Auditor.  At the time the statement of withdrawal is filed, the Candidate shall also deliver to the Auditor an amount of money equal to all monies distributed to the Candidate from the Campaign Finance Fund after the date the Candidate was certified, plus interest of the total amount of monies received at a rate of 12 percent per annum.

B.  A Certified Candidate who withdraws as a Candidate for nomination or election as provided in Section 2.08.150 shall comply with the requirements of Section 2.10.210 A. at the time the Candidate files a statement of withdrawal.

C.  A Certified Candidate who withdraws as a Certified Candidate or as a Candidate shall be personally liable for any amounts to be paid to the Auditor under this Section.  A Candidate who withdraws as a result of a valid emergency, such as a serious personal illness or death in the immediate family of the Candidate, may request a repayment exemption.

D.  If a Certified Candidate withdraws as a Certified Candidate or as a Candidate, or if a Certified Candidate is required to deliver money to the Fund under Section 2.10.220, the Auditor shall disseminate public notice on the Internet to that effect within one business day of the withdrawal or determination made under Section 2.10.220.

E.  If a Certified Candidate is nominated at the Primary Election or Special Nominating Election and then withdraws as a Candidate for the General Election or Special Runoff Election, the Candidate shall not be required to repay the Campaign Finance Fund for any Campaign Finance Fund revenues the Candidate received for the Primary Election or Special Nominating Election. 

F.  If the Certified Candidate withdraws as a Candidate after receiving any Campaign Finance Fund revenues for the General Election Period or Special Runoff Election Period, the Candidate shall repay the Auditor all Campaign Finance Fund revenues received for the General Election Period or Special Runoff Period.

G.  The Auditor shall deposit monies received under this Section in the Campaign Finance Fund.

(Amended by Ordinance Nos. 181054, 181656 and 182852, effective June 26, 2009.)

A.  Civil Penalties. 

1.  The Auditor 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: 

a.  Violation of any provision of this Chapter by a Certified Candidate; or

b.  Violation of any provision of this Chapter during the Qualification Period; or

c.  Failure to file a Nonparticipating Candidate report or include information required by Section 2.10.130; or

d.  Failure to file a report of Independent Expenditures or include information required by Section 2.10.140.

2.  The Auditor shall establish a penalty matrix by administrative rule detailing civil penalties for potential violations of this chapter. 

a.  A civil penalty imposed under this section shall not exceed $10,000 for any violation except as otherwise provided in this Section.

b.   A civil penalty imposed for violation of  Section 2.10.190 shall equal the cost of any advertisement made in violation of Section 2.10.190.

c.  Limits on penalties imposed under this Section do not include interest.  Penalties are subject to interest at a rate of 12 percent of  the total amount per annum.

3.  The Auditor shall send a Notice of Proposed Penalty to any Person, Candidate or Political Committee against whom the Auditor is imposing a civil penalty. 

a.  The notice shall describe the proposed penalty and outline the procedures for requesting a penalty hearing under Section 2.10.230. 

b.  The notice shall be sent by both certified and regular mail. 

c.  If a penalty hearing is not requested under Section 2.10.230, the proposed penalty shall become final on the date specified in the notice, which date shall be the first day following the last day to file a request for a hearing.

4.  If a civil penalty has been imposed under this Section against a Candidate or the principal campaign committee of a Candidate, the Candidate shall be personally liable for the amount to be paid under this Section. 

5.  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 shall be jointly and severally liable for any amount to be paid under this Section.

6.  Penalties may be paid from any private source.  A penalty may be paid from committee funds and reported as an Expenditure on the committee's appropriate Contribution and Expenditure report.  A penalty may not be paid from Campaign Finance Fund revenues.

7.  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.

8.  Penalties imposed under this Section are subject to interest at a rate of 12 percent of the total amount per annum.

9.  All moneys received under this Section for violations of any provision of this Chapter shall be paid and credited to the  Campaign Finance Fund.

10.  At the request of the Auditor, 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.

B.  Revocation of Certification. 

1.  The certification of a Candidate against whom a civil penalty has been imposed for violation of Section 2.10.090 shall be revoked by the Auditor and the Candidate shall not be eligible to receive revenues from the Campaign Finance Fund during the Primary and General Election Period, or Special Nominating and Special Runoff Period during which the penalty is imposed. 

2.  The certification of a Candidate against whom a penalty has been imposed three or more times for violation of any provision of Section 2.10.190 shall be revoked by the Auditor and the Candidate shall not be eligible to receive revenues from the Campaign Finance Fund during the Primary and General Election Period, or Special Nominating and Special Runoff Period during which the violation occurred.

3.  If it is determined that a Certified Candidate violated any provision of this Chapter during the Qualification Period or after Certification, the Auditor has the authority to revoke a Candidate’s certification.

C.  Repayment of Funds. 

1.  A Certified Candidate against whom a civil penalty has been imposed for violation of Section 2.10.090 shall return to the Auditor an amount of money equal to all revenues distributed to the Candidate from the  Campaign Finance Fund after the date the Candidate was certified, plus interest on the total amount of revenues received at a rate of 12 percent per annum, in addition to the penalty and interest on the penalty.  However, a Candidate’s certification shall not be revoked if all of the following conditions are met:

a.  The Candidate has been found to have committed only one violation of Section 2.10.090; and

b.  It is the Candidate’s first violation of Section 2.10.090; and

2.  A Certified Candidate against whom a penalty has been imposed three or more times for violation of any provision of Section 2.10.190 shall return to the Auditor an amount of money equal to all revenues distributed to the Candidate from the Campaign Finance Fund after the date the Candidate was certified, plus interest on the total amount of revenues received at a rate of 12 percent per annum, in addition to the penalty and interest on the penalty.

3.  The Auditor shall seek immediate recovery of Campaign Finance Funds for any violation of this Chapter.

(Amended by Ordinance Nos. 181054 and 181656, effective March 5, 2008.)

A.   Purpose. The purpose of this Section is to provide Persons or Political Committees adversely affected by administrative determinations and decisions made under this Chapter with a timely, effective, and impartial appeal and review of the determination.  Hearings will be heard by a member of the outside panel of Hearings Officers recommended by the Citizen Campaign Commission and appointed by the City's Code Hearings Officer.

B.   Types of Hearings.

1.   Certification Hearings. A Candidate who has received a Determination Letter refusing certification or an opponent of a Candidate who has been granted certification under Section 2.10.080 may challenge a certification decision by filing a written request for a hearing as outlined in Section 2.10.230 C.

 

2.   Matching Fund Hearings. A Candidate who has received a Determination Letter granting or refusing Matching Funds under Section 2.10.150, or an opponent of a Candidate who has been granted Matching Funds under Section 2.10.150, may challenge the Matching Funds decision by filing a written request for a hearing as outlined in Section 2.10.230 C.

 

3.   Penalty Hearings.  A Candidate, Person or Political Committee who has received a Notice of Proposed Penalty from the Auditor under Section 2.10.220 may challenge the proposed penalty by filing a written request for a hearing as outlined in Section 2.10.230 C.

C.   Requests for Hearings.

1.   The written request for a hearing shall be filed with the Auditor not later than:

a.   7 days after the mailing of the Determination Letter for a certification or Matching Funds hearing; or

 

b.   7 days after the mailing of the Notice of Proposed Penalty for a penalty hearing. 

 

The request shall be filed pursuant to forms and procedures recommended by the Commission and adopted by the Auditor by rule.  The written request shall 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 Auditor may by require by rule.

2.   No Person or Political Committee other than those described in Section 2.10.230 B. may be a party to any hearing conducted under this Section.

D.   Conduct of Hearings.

1.   As provided in Section 2.10.030 A.4., the Citizen Campaign Commission shall recommend to the Code Hearings Officer for appointment Hearings Officers to review cases and make determinations under this Section. 

 

2.   The City's Code Hearings Officer shall designate and appoint the Hearings Officers based upon the recommendations of the Citizen Campaign Commission.

 

3.   Written requests for hearings shall be filed with the Auditor within the deadlines established in Section 2.10.230 C.  The Citizen Campaign Commission shall coordinate with the Hearings Officer panel to assign a Hearings Officer to the case and set a hearing date within the timelines established in Section 2.10.230 D.4.

 

4.   The date set for hearings under this Section shall be:

a.   Not later than 7 days after the request for a certification or Matching Funds hearing is filed as outlined in Section 2.10.230 C.1.a;  or

 

b.  Not more than 14 days after the request for a penalty hearing is filed as outlined in Section 2.10.230 C.1.b.

5.   Notice.

a.    In the case of certification or Matching Fund hearings requested under Section 2.10.230 C.1.a.:

(1)   The Auditor shall give notice of receipt of a request for a hearing, together with a copy of the request, to all other Candidates for the same office.  The notice shall be sent not later than one business day after the request is filed with the Auditor.

 

(2)   The Auditor shall give notice of the hearing, together with a copy of the request for a hearing, to the Person who requested  the hearing and all other Candidates for the same office.  The notice shall be sent not later than one business day after the date is set for the hearing under Section 2.10.230 D.4.  The notice shall specify the time, date, and place set for the hearing.

 

(3)   The notices required in Sections 2.10.230 D.5.a.(1) and (2) may be combined.

b.   In the case of penalty hearings requested under Section 2.10.230 C.1.b., the Auditor shall give notice of the hearing to the Person or Political Committee who requested the hearing.  The notice shall be sent not later than one business day after the date is set for the hearing under Section 2.10.230 D.4. The notice shall specify the time, date, and place set for the hearing.

 

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 the Auditor by rule.  If notice is given by mail, such notice shall be deemed given and received three 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 shall not invalidate the hearing or any determination, decision, or order of the Hearings Officer.

6.   The hearings shall be conducted in accordance with the provisions of Chapter 22.10, except as otherwise provided in this Section.

E.    Order of the Hearings Officer.

1.   The Hearings Officer shall issue an order not later than three business days after a certification Matching Funds or penalty hearing. 

 

2.   In the case of a certification hearing, the Hearings Officer may uphold or revoke the certification.

 

3.   In the case of a Matching Fund hearing, the Hearings Officer may uphold or revoke Matching Funds, or modify a Matching Funds decision by revoking some or all Matching Funds or granting additional Matching Funds.

 

4.   In the case of a penalty hearing, the Hearings Officer may uphold, revoke or modify the penalty.

 

5.   The order of the Hearings Officer is a final decision of the City.

 

6.   Judicial review of an order made under this Section shall be as provided in Title 22.

F.   Return of Funds and Payment of Cost of Hearing.

1.  If the certification of a Candidate is revoked following a hearing under this Section, the Candidate shall return to the Auditor an amount of money equal to all revenues distributed to the Candidate from the  Campaign Finance Fund after the date the Candidate was certified, plus interest on the total amount of revenues received at a rate of 12 percent per annum, in addition to the penalty and interest on the penalty.

 

2.   If Matching Funds distributed under Section 2.10.150 are revoked, the Candidate shall return to the Auditor an amount of money equal to the amount of revoked Matching Funds distributed to the Candidate from the Campaign Finance Fund, plus interest on the total amount of Matching Funds received at a rate of 12 percent per annum. 

 

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.