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Home My WebLink AboutVoluntary Contribution-Spending Limits ., . In{~~~~':;m ~@lblt\Wlb1ii1 APR I e 2810 1!!J Chapter 2.41 ..... Ii Y: nn..n........nn I..a_._._._.______.___ VOLUNTARY CONTRIBUTION & SPENDING LIMITS FOR CANDIDATES FOR CITY OFFICES Sections: Definitions. ~~~~:\W2010lb' IP- .fn,~) q'd Contribution and Expenditure Exclusions. 1!!J & . b Expenditure Limit Definitions. . \ I Expenditure Limits. {: 'n_.n'n.nnn..~ '1'1 ~ Declaration of Limits on Expenditures. /) Expenditures Not Qualifying as an Independent Expenditure. . Procedures and Appeals. Recorder Responsibilities. Publication. 2.41.010 2.41.020 2.41.040 2.41.050 2.41.060 2.41.070 2.41.080 2.41.100 2.41.110 .J Section 2.41.010 Definitions. The words and phrases used in this chapter shall be construed as defmed in ORS Chapter 260 - Campaign Finance Regulations. (Ord 2994, amended, 10/0612009) Section 2.41.020 Contribution and Expenditure Exclusions. Contribution and Expenditure Exclusions shall be as defined and set forth in ORS Chapter 260 - Campaign Finance Regulations. (Ord 2994, amended, 10/06/2009) Section 2.41.040 Expenditure Limit Definitions. . The words and phrases used in this chapter, including specifically Expenditure Limit Definitions, shall be construed as defined in ORS Chapter 260 - Campaign Finance Regulations. t! (Ord 2994, amended, 10/0612009) 'f{ I h 0 /3, O(PZ , Vf>fd (~. Section 2.41.050 Expenditure Limits. .p-er: (/(]IJJA.'"T21 a-. A. A candidate for public office may file a declaration of limitation on expenditures as described in d:7 - section 2.4 1.060 with the recorder stating that the candidate, including the principal campaign committee of the candidate, will not make attributable expenditures in excel!1.r of .246 times the number of registered voters on April I of each year for any public office. .d?31 2/3 . ~ S- B. For puiposes of this section, attributable ewenditures made prior to the applicable special, primary or general election reporting period in consideration for goods to be delivered or services to be rendered solely during the special, primary or general election reporting period shall be charged against the expenditure limits described in subsections A of this section in the reporting period during which the goods or services are delivered. C. A candidate or political committee described iil subsections A of this section who have filed a declaration under this section stating that the candidate or committee will not make attributable . expenditures with respect to the special, primary and general election in excess of the limits described in subsections A and B of this section shall not be bound by the declaration if any opposing candidate or political committee for the same public office at the same election has not filed a declaration indicating that the candidate or political committee will limit expenditures or has filed the statement but has made expenditures exceeding the applicable limit. (ORD 2794, 87 1997) D. The recorder is authorized to adjust annually on April 1st of each year the expenditure limits imposed by this section to account for inflation, based on the Consumer Price Index, All Urban Consumer Portland Index (CPI-V) December to December, (Ord 2994, amended, 10/0612009) Section 2.41.060 Declaration of Limits on Expenditures. A. The declaration of limits on expenditures filed under section 2.41.050 shall certify that with respect to the special, primary or general election, the candidate or the principal campaign committee of the candidate or political committee will not incur attributable expenditures in excess ofthe applicable expenditure limit described in section 2.41.050. B. The recorder shall prescribe forms for the filing of the information required by this section. The forms shall also include the name of the candidate by which the candidate is commonly known and by which the candidate transacts important private or official business. (ORD 2794, 88 1997) C. The declaration shall be filed with the recorder: '1. For a candidate, not later than the date the candidate files the name of the candidate's campaign treasurer; and 2. For a political committee, not later than the date that the name of a treasurer is certified to the recorder under ORS 260.035 or 260.037. (Ord 2994, amended, 10/0612009) Section 2.41.070 Expenditures Not Qualifying as an Independent Expenditure. Expenditures Not Qualifying as an Independent Expenditure shall be as defined and set forth in OR8 Chapter 260 - Campaign Finance Regulations. (Ord 2994, amended, 10/06/2009) Section 2.41.080 Procedures and Appeals. A. With respect to any election, the recorder shall examine each contribution and expenditure statement of each candidate and political committee who filed a declaration of limitation on expenditures under section 2.41.050 to determine whether any candidate or political committee exceeded th~ applicable expenditure limit. If the recorder determines after any filing that a candidate or political committee has exceeded the applicable expenditure limit, the recorder shall send a notice of the recorder's determination to the candidate or the treasurer of the political committee. Notice shall be sent by certified mail, return receipt requested. If the recorder determines that the recorder or any candidate for election to an office for which the recorder is also a candidate for' election has exceeded the applicable expenditure limit, the information shall be sent to the city attorney, who shall be substituted for the recorder in any enforcement proceeding under this section and section 2.41.090. The notice also shall state that the candidate may appeal the recorder's or the city attorney's determination as provided in this section. B. An Appeal of the City Recorder or City Attorney' s determination under subsection A shall be processed in accordance with the Uniform Administrative Appeals Ordinance AMC 2.30., except that the appeal shall be filed and processed in the office of the City Administrator and the Hearing Officer will be selected by City Council. The appeal must be filed within ten (10) calendar days of . .. the date of mailing of the notice of determination. (Or<! 2994, amended, 10/0612009) Section 2.41.100 Recorder Responsibilities. The recorder shall: A. Prescribe forms for declarations required by section 2.41.050, and furnish the forms to persons required to file. B. Investigate when appropriate under the provisions of sections 2.41.040 to 2.41.090. (Ord 2994, amended, 10/0612009) . Section 2.41.110 Publication. A. The recorder shall: I. For each candidate and political committee described in section 2.41.050, publish a statement in a newspaper of general circulation and published in the City, and any other medium the recorder shall deem appropriate, indicating whether or not the candidate has agreed to limit expenditures under section 2.41.050. 2. Include the statement described in subsection I on .the nominating petitions of all prospective candidates for public office. B. If a candidate or political committee described in section 2.41.050 has agreed to limit expenditures, but is not bound by the agreement because an opponent or opposing political committee of the candidate or political committee for the same office at the same election has not agreed to limit expenditures or has exceeded the applicable expenditure limit, the published statement described in subsection 2.41.110,A.1 shall indicate that the candidate or political committee has agreed to limit expenditures and that the candidate or political committee is not bound by the agreement because an opponent of the candidate or opposing political committee for the same office at the same election has not agreed to limit expenditures or has exceeded the applicable spending limit. (ORD 2794, S I 0 1997) C. If the recorder or the city attorney finds under section 2.41.080 that a candidate described in section 2.41.050 filing a declaration of limitation on expenditures under section 2.41.050 has exceeded the applicable expenditure limit, at the next election at which the candidate is a candidate for election to public office, the recorder shall publish a statement, in a newspaper of general circulation and published in the City, indicating that the candidate violated a previous declaration of limitation on expenditures under section 2.41.050. The statement required by this subsection shall identify the date of the election at which the candidate exceeded the applicable expenditure limit. . (Ord 2994, amended, 10/0612009)