Multnomah County Campaign Contribution Limits and Disclosure Definitions


Candidate 

  • MCC 5.200, incorporating ORS 260.005(1)(a) (2016) Definitions. 
    ORS 260.005(1)(a) “Candidate” means:
    (A) An individual whose name is printed on a ballot, for whom a declaration of candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is expected to be or has been presented, with the individual’s consent, for nomination or election to public office;
    (B) An individual who has solicited or received and accepted a contribution, made an expenditure, or given consent to an individual, organization, political party or political committee to solicit or receive and accept a contribution or make an expenditure on the individual’s behalf to secure nomination or election to any public office at any time, whether or not the office for which the individual will seek nomination or election is known when the solicitation is made, the contribution is received and retained or the expenditure is made, and whether or not the name of the individual is printed on a ballot; or
    (C) A public office holder against whom a recall petition has been completed and filed.
         (b) For purposes of this section and ORS 260.035 to 260.156, “candidate” does not include a candidate for the office of precinct committeeperson.
  • Contribution Limit and Disclosure Administrative Rules (CLDR) 3(a)
    Candidate: As defined in ORS 260.005(1)(a) (2016) and incorporated by reference into MCC 5.200, the term Candidate:
    • Means an Individual who:
      1. Files their Candidate Filing form (SEL 101) with the Director for one of the elected public offices of Multnomah County for an upcoming election; or 
      2. Identifies an elected public office of Multnomah County for an upcoming election in an original or amended Statement of Organization for a Candidate Committee; or
      3. Declares their candidacy for an elected public office of Multnomah County for an upcoming election on a publicly accessible source; or
      4. Expresses consent to be named as a candidate for nomination or election to an elected public office of Multnomah County for an upcoming election; or
      5. Solicits or receives and accepts a Contribution, makes an Expenditure, or gives consent to an Individual or Entity to solicit or receive and accept a Contribution or make an Expenditure on the Individual’s behalf to secure nomination or election for an upcoming election to an elected public office of Multnomah County; or
      6. Is an officeholder for one of the elected public offices of Multnomah County and is the subject of a recall petition that has been completed and filed.
    • Does not mean an Individual who has filed a Candidate Filing Withdrawal form (SEL 150) for an upcoming election for one of the elected public offices of Multnomah County.

Candidate Committee 

  • MCC 5.200: Candidate Committee: Has the meaning set forth at ORS 260.039 – 260.041, as of November 8, 2016, for the term “principal campaign committee.”
     
  • ORS 260.041 (2016) Principal campaign committee: 
    1. Notwithstanding ORS 260.005(18) and except as provided in ORS 260.043, a candidate shall designate a political committee as the candidate’s principal campaign committee. A candidate may designate only one political committee as the candidate’s principal campaign committee.
    2. A political committee may not be designated as the principal campaign committee of more than one candidate.

Clearly Identified

  • MCC 5.200: Clearly Identified: Means (i) the name of the Multnomah County Candidate involved appears; (ii) a photograph or drawing of the Multnomah County Candidate appears; or (iii) the identity of the Multnomah County Candidate is apparent by unambiguous reference.

Communication

  • MCC 5.200: Communication: Means any written, printed, digital, electronic or broadcast communications in support of or opposition to a clearly identified candidate in a Multnomah County Candidate Election but does not include communication:
    1. that is funded using a total of $304 or less;
    2. by means of small items worn or carried by Individuals;
    3. bumper stickers;
    4. Small Signs; or
    5. a distribution of five hundred (500) or fewer substantially similar pieces of literature within any 10 business-day period.
  • CLDR 3(b): As used in the definition of “Communication” in MCC 5.200, written, printed, digital, electronic or broadcast communications include but are not limited to text messages, videos, websites, social media posts, emails, graphics with interchanging formats or photos, still photos transmitted electronically, and automated or autogenerated communications prepared by a campaign and distributed by volunteers using their own devices in support of or opposition to a clearly identified candidate in a Multnomah County Candidate Election.

Contribution

  • MCC 5.200: Contribution: Has the meaning set forth in ORS 260.005(3) and 260.007, as of November 8, 2016, except it does not include (1) funds provided by government systems of public funding of campaigns or (2) providing rooms, phones, and internet access for use by a candidate committee free or at a reduced charge. 
  • ORS 260.005(3) (2016) Definitions. 
    ORS 260.005(3) Except as provided in ORS 260.007, “contribute” or “contribution” includes:

(a) The 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: 
* * * (B) To or on behalf of a candidate [or] political committee * * *; and
(b) The excess value of a contribution made for compensation or consideration of less than equivalent value.

[Note: The definition above reflects the Oregon Supreme Court’s ruling in Multnomah County v. Mehrwein, 366 Or 295, 325 (2020) that only a portion of the definition of “contribution” in ORS 260.005(3) is operative in the context of MCC 5.201.]

  • ORS 260.007 (2016) Exclusions from definitions of “contribution” and “expenditure.” 
    ORS 260.007 As used in this chapter, “contribute,” “contribution,” “expend” or “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, unless a political committee owns the facility.

    (2) An individual’s use of the individual’s own personal residence, including a community room associated with the individual’s residence, to conduct a reception for a candidate or political committee and the individual’s cost of invitations, food and beverages provided at the reception.

    (3) A vendor’s sale of food and beverages for use in a candidate’s or political committee’s campaign at a charge less than the normal comparable charge, if the charge is at least equal to the cost of the food or beverages to the vendor.

    (4) Any unreimbursed payment for travel expenses an individual, including a candidate, makes on behalf of a candidate or political committee.

    (5) 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 ensures 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.

    (6) Nonpartisan activity designed to encourage individuals to vote or to register to vote.

    (7) Any communication a membership organization or corporation makes to its members, shareholders or employees if the membership organization or corporation is not organized primarily for the purpose of influencing an election.

    (8) The payment of compensation for legal and accounting services rendered to a candidate or political committee if the person paying for the services is the regular employer of the individual rendering the services and the services are solely for the purpose of ensuring compliance with the provisions of this chapter.

    (9) The payment by a state or local committee of a political party of the costs of preparation, display or mailing or other distribution incurred by the committee with respect to a printed slate card or sample ballot, or other printed listing, of three or more candidates for any public office for which an election is held in this state. This subsection does not apply to costs incurred by the committee with respect to a display of any such listing made on broadcasting stations or in newspapers, magazines or similar types of general public political advertising.
     
  • CLDR 3(c): Contribution: As defined in ORS 260.005(3) (2016) and MCC 5.200, “Contribution” does not include anything of value provided by a Candidate to their own Candidate Committee or otherwise provided by a Candidate to support their own election or nomination to an elected public office of Multnomah County, including a loan.
    • For purposes of MCC 5.201(A) and (B), a Contribution is not considered to have been made or received if refunded or declined:
      1. Except as provided in CLDR 3(c)(ii)(2), within 30 calendar days of the date of receipt by the Candidate or their Candidate Committee;
      2. During the period beginning 42 calendar days before a primary, general, recall, or special election, within seven calendar days of the date of receipt by the Candidate or their Candidate Committee.

Director

  • MCC 5.200: Director. Means the Multnomah County Director of Elections or their designee. 

Dominant Contributor

  • MCC 5.200: Dominant Contributor. Means any Individual or Entity which contributes more than $1,014 during an Election Cycle to the Candidate Committee, Political Committee, or nonprofit.

Dominant Independent Spender

  • MCC 5.200: Dominant Independent Spender. Means any Individual or Entity which expends more than $1,014 during an Election Cycle to support or oppose a particular Multnomah County Candidate.  

Election Cycle

  • MCC 5.200: Election Cycle.
    (A) Generally, the period between an election at which a candidate is elected and the next election for that same office, disregarding any intervening primary or nominating election, any recall election, or any special election called to fill a vacancy.
    (B) For any recall election: the period beginning the day that the recall election is called or declared and ending at midnight of the day of the recall election.
    (C) For any special election called to fill a vacancy: the period beginning the day that the special election is called or declared and ending at midnight of the day of the election.   
     
  • CLDR 3(d): Election Cycle: As defined in MCC 5.200: 
    • An Election Cycle for a special election is inclusive of a special runoff election if no candidate received 50% plus one vote of votes cast at an election to fill a vacancy.
    • An Election Cycle for a recall election suspends the regular Election Cycle for the Candidate subject to recall until the day after the recall election, at which point the regular Election Cycle resumes.
    • When an Individual becomes a Candidate for a recall election prior to the recall Election Cycle, the Candidate will be presumed to be in the regular Election Cycle for their current office regardless of whether they are or could be a Candidate for that office in an upcoming primary or general election. 

Entity

  • MCC 5.200: Entity. Means any corporation, partnership, limited liability company, proprietorship, or other form of organization which creates an entity which is legally separate from an Individual. 
  • CLDR 3(e): Entity: As used in the definition of “Entity” in MCC 5.200, a form of organization that creates an entity which is legally separate from an Individual includes Candidate Committees, Political Committees and Small Donor Committees.

Expenditure

  • MCC 5.200: Expenditure. Has the meaning set forth at ORS 260.005(8) and 260.007, as of November 8, 2016, except that it does not include Communication to its members, and not to the public, by a Membership Organization not organized primarily for the purpose of influencing the outcome of contests.
  • ORS 260.005(8) (2016) Definitions.
    ORS 260.005(8) Except as provided in ORS 260.007, “expend” or “expenditure” includes the payment or furnishing of money or anything of value or the incurring or repayment of indebtedness or obligation by or on behalf of a candidate, political committee or person 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” also includes contributions made by a candidate or political committee to or on behalf of any other candidate or political committee.
     
  • ORS 260.007 (2016) Exclusions from definitions of “contribution” and “expenditure.” 
    ORS 260.007 As used in this chapter, “contribute,” “contribution,” “expend” or “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, unless a political committee owns the facility.

    (2) An individual’s use of the individual’s own personal residence, including a community room associated with the individual’s residence, to conduct a reception for a candidate or political committee and the individual’s cost of invitations, food and beverages provided at the reception.

    (3) A vendor’s sale of food and beverages for use in a candidate’s or political committee’s campaign at a charge less than the normal comparable charge, if the charge is at least equal to the cost of the food or beverages to the vendor.

    (4) Any unreimbursed payment for travel expenses an individual, including a candidate, makes on behalf of a candidate or political committee.

    (5) 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 ensures 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.

    (6) Nonpartisan activity designed to encourage individuals to vote or to register to vote.

    (7) Any communication a membership organization or corporation makes to its members, shareholders or employees if the membership organization or corporation is not organized primarily for the purpose of influencing an election.

    (8) The payment of compensation for legal and accounting services rendered to a candidate or political committee if the person paying for the services is the regular employer of the individual rendering the services and the services are solely for the purpose of ensuring compliance with the provisions of this chapter.

    (9) The payment by a state or local committee of a political party of the costs of preparation, display or mailing or other distribution incurred by the committee with respect to a printed slate card or sample ballot, or other printed listing, of three or more candidates for any public office for which an election is held in this state. This subsection does not apply to costs incurred by the committee with respect to a display of any such listing made on broadcasting stations or in newspapers, magazines or similar types of general public political advertising.

Expresses Consent or Expression of Consent

  • CLDR 3(f): Expresses consent or expression of consent: For the purpose of when an Individual becomes a Candidate under MCC 5.200 and these Rules, “expresses consent” includes, but is not limited to, written communications or recorded statements affirming an Individual’s agreement to participate as a candidate for an elected public office of Multnomah County for an upcoming election, including as a write-in candidate.

Independent Expenditure
  • MCC 5.200, incorporating ORS 260.005(10) (2016) Definitions.

    (10) “Independent expenditure” means an expenditure by a person for a communication in support of or in opposition to a clearly identified candidate or measure 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, or any political committee or agent of a political committee supporting or opposing a measure. For purposes of this subsection:

(a) “Agent” means any person who has:

(A) Actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate or on behalf of a political committee supporting or opposing a measure; or

(B) Been placed in a position within the campaign organization where it would reasonably appear that in the ordinary course of campaign-related activities the person may authorize expenditures.

(b)(A) “Clearly identified” means, with respect to candidates:

(i) The name of the candidate involved appears;

(ii) A photograph or drawing of the candidate appears; or

(iii) The identity of the candidate is apparent by unambiguous reference.

(B) “Clearly identified” means, with respect to measures:

 (i) The ballot number of the measure appears;

(ii) A description of the measure’s subject or effect appears; or

(iii) The identity of the measure is apparent by unambiguous reference.

(c) “Communication in support of or in opposition to a clearly identified candidate or measure” means:

(A) The communication, taken in its context, clearly and unambiguously urges the election or defeat of a clearly identified candidate for nomination or election to public office, or the passage or defeat of a clearly identified measure;

(B) The communication, as a whole, seeks action rather than simply conveying information; and

(C) It is clear what action the communication advocates.

(d) “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, or any political committee or agent of a political committee supporting or opposing a measure”:

(A) Means any arrangement, coordination or direction by the candidate or the candidate’s agent, or by any political committee or agent of a political committee supporting or opposing a measure, prior to the publication, distribution, display or broadcast of the communication. An expenditure shall be presumed to be so made when it is:

(i) Based on information about the plans, projects or needs of the candidate, or of the political committee supporting or opposing a measure, and provided to the expending person by the candidate or by the candidate’s agent, or by any political committee or agent of a political committee supporting or opposing a measure, with a view toward having an expenditure made; or

(ii) Made by or through any person who is or has been authorized to raise or expend funds, who is or has been an officer of a political committee authorized by the candidate or by a political committee or agent of a political committee supporting or opposing a measure, or who is or has been receiving any form of compensation or reimbursement from the candidate, the candidate’s principal campaign committee or agent or from any political committee or agent of a political committee supporting or opposing a measure.

(B) Does not mean providing to the expending person upon request a copy of this chapter or any rules adopted by the Secretary of State relating to independent expenditures. 


Individual

  • MCC 5.200: Individual. Means a citizen or resident alien of the United States entitled to vote in federal elections; however, when this Amendment expresses a limitation or prohibition, “Individual” means any human being. 

Membership Organization

  • MCC 5.200: Membership Organization. Means an incorporated or unincorporated nonprofit organization having members who pay dues or otherwise affirmatively join and support the organization. 

Multnomah County Candidate Election

  • MCC 5.200. Multnomah County Candidate Election. Means an election, including a primary election, to select persons to serve (or cease serving) in public offices of Multnomah County. 

North American Industry Classification System (NAICS)

Oregon Elections System for Tracking and Reporting (ORESTAR) database


Political Committee
  • MCC 5.200, incorporating ORS 260.005(18) (2016) Definitions.

    ORS 260.005(18) “Political committee” means a combination of two or more individuals, or a person other than an individual, that has:

    (a) Received a contribution for the purpose of supporting or opposing a candidate, measure or political party; or

    (b) Made an expenditure for the purpose of supporting or opposing a candidate, measure or political party. For purposes of this paragraph, an expenditure does not include:

(A) A contribution to a candidate or political committee that is required to report the contribution on a statement filed under ORS 260.057 or 260.076 or a certificate filed under ORS 260.112; or

(B) An independent expenditure for which a statement is required to be filed by a person under ORS 260.044.


Prominently Disclose 

  • MCC 5.200: Prominently Disclose. Means that the disclosure will be readily comprehensible to a person with average reading, vision, and hearing faculties, with: 

(A) any printed disclosure appearing in a type of contrasting color and in the same or larger font size as used for the majority of text in the printed material; 

(B) any video disclosure remaining reading on the regular screen (not closed captioning) for not less than 4 seconds; 

(C) any auditory disclosure spoken at a maximum rate of 5 words per second; 

(D) any electronic message in type of a contrasting color in the same or larger font size as used for the majority of text in the message; 

(E) any billboard or sign other than a Small Sign: in type of a contrasting color and not smaller than 10 percent of the height of the billboard or sign. 

 
Publicly accessible source
  • CLDR 3(g): Publicly accessible source: For the purpose of when an Individual becomes a Candidate under MCC 5.200 and these Rules, a “publicly accessible source” includes, but is not limited to, public posts on social media; publicly accessible websites, blogs, or message boards; statements made by the Individual published by news media; television and print ads; and billboards.

Small Donor Committee

  • MCC 5.200: Small Donor Committee. Means a Political Committee which cannot accept Contributions in amounts exceeding one hundred one dollars ($101) per Individual contributor per calendar year. 

Small Signs

  • MCC 5.200: Small Signs. Means a sign smaller than 6 square feet. 

Social Media
CLDR 3(h): Social Media: Any online platform through which users create or share content such as photos, videos, and text-based communications to and with various audiences. Examples
include but are not limited to: Facebook, Twitter, YouTube, Reddit, and Instagram.