NOTICE OF BALLOT TITLE AND EXPLANATORY STATEMENT FOR MULTNOMAH COUNTY CHARTER AMENDMENT – CAMPAIGN FINANCE

NOTICE IS HEREBY GIVEN that a ballot title and explanatory statement for a Multnomah County Charter Amendment has been filed with the Multnomah County Director of Elections to be referred to voters in Multnomah County, at the November 8, 2016 General Election. Any registered voter dissatisfied with the Ballot Title and Explanatory Statement may file a petition with the Multnomah County Circuit Court for review on or before 5:00 PM, August 16, 2016. Any person filing a challenge must also file a copy of the challenge with the Director of Elections, 1040 SE Morrison St., Portland, by the end of the next business day after the petition is filed with the Circuit Court.

Ballot Title:

Caption: Limits contributions, expenditures, requires disclosure in Multnomah County candidate elections.

Question: Should charter require limit contributions, certain funding disclosures, expenditures by individuals and certain entities to support/oppose candidates for county offices?

Summary: Creates charter provision, implemented by county ordinance, operative September 2017:

1.    Limits Contributions, Expenditures to support or oppose Candidates for Multnomah County elected offices:

  • Limits Contributions received by Candidate, Candidate Committee per Election Cycle to:
    • from any Individual: $500
    • from any Political Committee: $500
       
  • Allows formation of Small Donor Committees, limits Contributions they may accept to $100 or less per Individual person per year.  No limits on a Small Donor Committee’s Contributions to Candidates or Independent Expenditures.
     
  • Requires Entity that spends more than $750 per election cycle on Independent Expenditures register as a Political Committee, requires reporting of the sources of its funding.
  • Limits Independent Expenditures in any County Candidate race to:
    • $5,000 per Individual
    • $10,000 per Political Committee, but only from contributions by Individuals of $500 or less per year

2.    Requires each Communication (defined) to voters related to County Candidate Election prominently disclose five largest true original sources of funding (in excess of $500) for the Communication.

Provides civil fine for violations.  Includes definitions.

Explanatory Statement:

This measure creates a new Charter provision placing limitations on:

1.    Contributions to political campaigns for candidates running for county elective offices.

2.    Independent Expenditures in support or opposition to any Candidate for a county elective office.

The measure also requires that each Communication to voters related to a Multnomah County Candidate Election prominently disclose the five largest true original sources of funding (in excess of $500) for the Communication.

The measure is to be implemented by county ordinance operative not later than September 1, 2017.

Provisions:

The measure:

1.    Limits Contributions and Expenditures to support or oppose Candidates for public office in Multnomah County elections:

  • Limits Candidate or Candidate Committee to receiving only these Contributions per Election Cycle:
    • from any Individual: $500
    • from any Political Committee: $500
       
  • Allows formation of Small Donor Committees, which may accept contributions only in amounts of $100 or less per Individual person per calendar year.  Imposes no limits on a Small Donor Committee’s contributions to Candidates or Independent Expenditures, as long as it complies with the $100 per Individual per year limit on its incoming contributions.
     
  • Requires any entity that spends more than $750 per Election Cycle on Independent Expenditures to register as a Political Committee, which requires reporting of the sources of its funding and its expenditures to the state ORESTAR system.
     
  • Limits Independent Expenditures in any Multnomah County Candidate race to:
    • $5,000 per Individual
    • $10,000 per Political Committee, but only from contributions to the Political Committee by Individuals of $500 or less per Individual per calendar year

2.    Requires that each Communication (defined) to voters related to a Multnomah County Candidate Election prominently disclose the five largest true original sources of Contributions and/or Independent Expenditures in excess of $500 each that funded the Communication.

3.    Violations are subject to a civil fine of not less than two and not more than twenty times the amount of the unlawful Contribution, Expenditure or Independent Expenditure.

4.    Allows Individuals to make Contributions by payroll deduction, if the employer agrees or institutes payroll deductions for any other purpose.

5.    Includes adjustments for inflation on January 1 of each odd-numbered year.

6.    Includes a severability clause to preserve the operation of all constitutionally valid elements of measure, should any portion be judicially determined to be unconstitutional.

Definitions:

“Contribution” and “Expenditure” are defined in state law, with some exceptions added in this measure.  State law defines “Political Committee”, “Candidate”, and “Candidate Committee”.  Other terms defined in the measure include: “Communication”, “Election Cycle”, “Entity”, “Individual”, “Membership Organization”, “Small Donor Committee”.

“Election Cycle” is defined generally is the period between elections for the same office, disregarding intervening primary, nominating, recall, or vacancy elections; a different period is used for recall and special elections for vacancies.

Tim Scott, Multnomah County Director of Elections