Amend Campaign Finance Code to maintain enforcement of voter-approved regulations following court order (amend Code Chapter 2.10)

Charter Section 3-305, which is further implemented in Code Chapter 2.10, empowers the City Auditor's Office to enforce campaign finance regulations contained in City Charter Chapter 3, Article 3 (Campaign Finance in Candidate Elections).On July 31, 2025, the Multnomah County Circuit Court determined that the enforcement procedures in Charter Section 3-305 (and by extension, in Code Chapter 2.10) are unconstitutional under the Due Process Clause of the United States Constitution because they do not include adequate procedural protections for those who are subject to campaign finance regulations. The court identified two primary concerns: the lack of a hearing, and, relatedly, the abbreviated investigation timeline. Because of this ruling, the Auditor cannot implement the campaign finance enforcement procedures in Charter Section 3-305 and Code Chapter 2.10.This non-emergency ordinance adds procedures necessary to restore constitutional due process and permit the Auditor to enforce the City's campaign finance regulations. This ordinance amends Code Chapter 2.10 to:Add the opportunity to request and receive a hearing to review the City's proposed decisions under City Charter Chapter 3, Article 3 (Campaign Finance in Candidate Elections).Change noticing and investigatory timelines to ensure parties have meaningful opportunities to respond to, and participate in, enforcement procedures by:Eliminating the halving of noticing and enforcement timelines when a complaint is received within 30 days of an election;Adding twelve (12) calendar days to notice timelines (the period between when a complaint is received and the subject of the complaint is notified), to allow Elections time to conduct a sufficiency review and prepare for investigations;Granting Elections discretion to extend notice and enforcement timelines for good cause, to be defined by administrative rule. Allow the City Auditor to make rules necessary to carry out its enforcement duties.This ordinance does not impact the administration of the Small Donor Elections program or its enforcement procedures, which are outlined in Code Chapter 2.16 and Administrative Rule.

An Economic and Real Estate Development Impact Analysis was not submitted for this proposed action.

This legislation allows for constitutional enforcement of City campaign finance laws. Outside of providing required due process procedures for all parties in a complaint, there are no other direct community impacts. If amendments are not adopted, Elections may be unable to enforce contribution limits and disclosure requirements, which were adopted by voters to promote transparency and reduce the impact of money on local elections.

This ordinance is expected to result in a new intergovernmental agreement with a state or local hearings office to provide independent hearings of City enforcement decisions related to campaign finance regulations. Based on historic levels of enforcement activity the amount is not expected to exceed $7,500 per fiscal year.

Not applicable.