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    The document proposes amendments to the City of Portland charter to limit campaign contributions and expenditures in local elections. Key points: - It would limit individual contributions to $500 and contributions from small donor committees to any amount. - Independent expenditures by individuals would be capped at $5,000 and those from political committees at $10,000. - It requires disclosure of top funders for political ads and independent expenditures over $750. - Violations would result in civil fines of 2-20 times the unlawful contribution amount.

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    The document proposes amendments to the City of Portland charter to limit campaign contributions and expenditures in local elections. Key points: - It would limit individual contributions to $500 and contributions from small donor committees to any amount. - Independent expenditures by individuals would be capped at $5,000 and those from political committees at $10,000. - It requires disclosure of top funders for political ads and independent expenditures over $750. - Violations would result in civil fines of 2-20 times the unlawful contribution amount.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    57 views5 pages

    Port 4

    Uploaded by

    api-191178978
    The document proposes amendments to the City of Portland charter to limit campaign contributions and expenditures in local elections. Key points: - It would limit individual contributions to $500 and contributions from small donor committees to any amount. - Independent expenditures by individuals would be capped at $5,000 and those from political committees at $10,000. - It requires disclosure of top funders for political ads and independent expenditures over $750. - Violations would result in civil fines of 2-20 times the unlawful contribution amount.

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    of 5

    Honest Elections City of Portland Charter Amendment

    June 22, 2017

    Whereas, the people of City of Portland nd that limiting large contributions and
    expenditures in political campaigns would strengthen democratic institutions, avoid
    the reality and appearance of corruption, enhance public condence in government,
    and reduce the cost of running for office, thereby enabling a greater diversity of
    persons to seek public office.

    A new Section 3-107 to the City of Portland Charter, shall read as follows:

    1. Contributions in City of Portland Candidate Elections.

    a. An Individual or Entity may make Contributions only as specically allowed


    to be received in this Section 3-107.

    b. A Candidate or Candidate Committee may receive only the following


    Contributions during any Election Cycle:

    (1) Not more than ve hundred dollars ($500) from an Individual or a
    Political Committee other than a Small Donor Committee;

    (2) Any amount from a Small Donor Committee;

    (3) No amount from any other Entity.

    c. Individuals shall have the right to make Contributions by payroll deduction


    by any private or public employer upon the employer s agreement or if
    such deduction is available to the employees for any other purpose.

    2. Expenditures in City of Portland Candidate Elections.

    a. No Individual or Entity shall expend funds to support or oppose a


    Candidate, except those collected from the sources and under the
    Contribution limits set forth in this Section.

    b. An Entity shall register as a Political Committee under Oregon law within


    three (3) business days of making aggregate Independent Expenditures
    exceeding $750 in any Election Cycle to support or oppose one or more
    Candidates in any City of Portland Candidate Election.

    c. Only the following Independent Expenditures are allowed per Election


    Cycle to support or oppose one or more Candidates in any particular City
    of Portland Candidate Election:

    (1) An Individual may make aggregate Independent Expenditures of not


    more than ve thousand dollars ($5,000).

    1
    (2) A Small Donor Committee may make Independent Expenditures in
    any amounts from funds contributed in compliance with Section 1
    above.

    (3) A Political Committee may make aggregate Independent Expenditures


    of not more than ten thousand dollars ($10,000), provided that the
    Independent Expenditures are funded by means of Contributions to
    the Political Committee by Individuals in amounts not exceeding ve
    hundred dollars ($500) per Individual per year.

    3. Timely Disclosure of Large Contributions and Expenditures.

    a. Each Communication to voters related to a City of Portland Candidate


    Election shall prominently disclose the true original sources of the
    Contributions and/or Independent Expenditures used to fund the
    Communication, including:

    (1) The names of all Political Committees and other Entities that have
    paid to provide or present it; and

    (2) For each of the largest ve Dominant Contributors to each such
    Political Committee or Entity in the current Election Cycle:

    (a) The name of the Individual or Entity providing the Contribution.

    (b) The types of businesses from which the maker of the


    Contribution or Independent Expenditure has obtained a majority
    of income over the previous 5 years, with each business
    identied by the name associated with its 6-digit code of the
    North American Industry Classication System (NAICS).

    (3) For each of the largest ve Dominant Independent Spenders paying
    to provide or present it:

    (a) The name of the Individual or Entity providing the Independent


    Expenditure.

    (b) The types of businesses from which the maker of the


    Independent Expenditure has obtained a majority of income over
    the previous 5 years, with each business identied by the name
    associated with its 6-digit code of the North American Industry
    Classication System (NAICS).

    b. If any of the ve largest Dominant Contributors or Dominant Independent


    Spenders is a Political Committee or nonprot organization, the prominent
    disclosure shall include its top three funders during the current Election
    Cycle.

    2
    4. Coordination with Public Funding of Campaigns.

    a. A Candidate or Candidate Committee may receive during any Election


    Cycle any amount provided by a system of Public Funding of Campaigns.

    b. Any Candidate participating in a system of Public Funding of Campaigns


    may accept Contributions of not more than two hundred fty dollars ($250)
    from an Individual during any Primary Election Period or General Election
    Period.

    c. Any Contribution to a Candidate or Candidate Committee from a Small


    Donor Committee shall be attributed ratably to the Individuals whose
    Contributions to the Small Donor Committee enabled its Contribution to the
    Candidate or Candidate Committee.

    5. Implementation and Enforcement.

    a. The provisions of this Section shall be implemented by ordinance to be


    operative not later than September 1, 2019.

    b. Each violation of any provision in this Section shall be punishable by


    imposition of a civil ne which is not less than two nor more than twenty
    times the amount of the unlawful Contribution or Expenditure or
    Independent Expenditure.

    6. Adjustments.

    All dollar amounts shall be adjusted on January 1 of each odd-numbered year to


    reect an appropriate measure of price ination, rounded to the nearest dollar.

    7. Severability.

    For the purpose of determining constitutionality, every section, subsection, and


    subdivision thereof of this Section, at any level of subdivision, shall be evaluated
    separately. If any section, subsection or subdivision at any level is held invalid,
    the remaining sections, subsections and subdivisions shall not be affected and
    shall remain in full force and effect. The courts shall sever those sections,
    subsections, and subdivisions necessary to render this Section consistent with
    the United States Constitution and with the Oregon Constitution. Each section,
    subsection, and subdivision thereof, at any level of subdivision, shall be
    considered severable, individually or in any combination.

    8. De nitions.

    Unless otherwise indicated by the text or context of this Section, all terms shall
    have the denitions at Chapter 260 of Oregon Revised Statutes, as of
    November 8, 2016. Terms found therein or dened below are capitalized in this
    Section.

    3
    a. "Candidate" has the meaning set forth at ORS 260.005(1).

    b. "Candidate Committee" has the meaning set forth at ORS 260.039 -


    260.041, as of November 8, 2016, for the term "principal campaign
    committee."

    c. "City of Portland Candidate Election" means an election, including a


    primary election, to select persons to serve (or cease serving) in public
    offices of City of Portland.

    d. "Communication" means any written, printed, digital, electronic or


    broadcast communications but does not include communication by means
    of small items worn or carried by Individuals, bumper stickers, signs
    smaller than 6 square feet, or a distribution of ve hundred (500) or fewer
    substantially similar pieces of literature within any 10-day period.

    e. "Contribution" has the meaning set forth at 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.

    f. "Dominant Contributor" means any Individual or Entity which contributes


    more than one thousand dollars ($1,000) during an Election Cycle to a
    Candidate Committee or Political Committee.

    g. "Dominant Independent Spender" means any Individual or Entity which


    expends more than one thousand dollars ($1,000) during an Election Cycle
    to support or oppose a particular Candidate.

    h. "Election cycle" means:

    (1) 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 ll a vacancy.

    (2) 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.

    (3) For any special election called to ll 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.

    i. "Entity" means any corporation, partnership, limited liability company,


    proprietorship, Candidate Committee, Political Committee, or other form of
    organization which creates an entity which is legally separate from an
    Individual.

    j. "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

    4
    its members, and not to the public, by a Membership Organization not
    organized primarily for the purpose of inuencing the outcome of contests.

    k. "General Election Period" means the period beginning the day after the
    biennial primary election and ending the day of the biennial general
    election.

    l. "Individual" means a citizen or resident alien of the United States entitled


    to vote in federal elections; however, when this Section expresses a
    limitation or prohibition, "Individual" means any human being.

    m. "Membership Organization" means an incorporated or unincorporated


    nonprot organization having members who pay dues or affirmatively
    choose to join and support the organization.

    n. "Primary Election Period" means the period beginning on the 21st day after
    the preceding biennial general election and ending the day of the biennial
    primary election.

    o. "Prominently Disclose" means:

    (1) The Communication shall state:

    (2) The disclosure shall be:

    (a) Current to within ten (10) days of the printing of printed material
    or within ve (5) days of the transmitting of a video or audio
    communication; and

    (b) Comprehensible to a person with average reading, vision, and


    hearing faculties, with:

    (i) any printed disclosure appearing in type not smaller than 8


    points;

    (ii) any video disclosure remaining readable on the regular


    screen (not closed captioning) for a sufficient time to be
    read by a person with average vision and reading ability;
    and

    (iii) any auditory disclosure spoken at a maximum rate of ve


    words per second.

    p. "Public Funding of Campaigns" means a system of providing funds from


    one or more government sources to qualifying candidates pursuant to
    legislation adopted by a public body.

    q. "Small Donor Committee" means a Political Committee which cannot


    accept Contributions in amounts exceeding one hundred dollars ($100) per
    Individual contributor per calendar year.

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