Campaign Finance: Disclosure Requirements for Individuals and Entities Funding Communications FAQs

Campaign Finance: Individuals, Political Committees, Businesses, Unions, Nonprofits, and Other Entities Funding Communications FAQs

Disclaimer: These Frequently Asked Questions (FAQs) address common questions about Multnomah County’s Contribution limits and disclosure requirements in Multnomah County Candidate Elections, but do not address any other local, state, or federal requirements.  These FAQs are not legal advice. For exact language and requirements, please view the Multnomah County Charter, Code and Rules. The County Charter and Code can be found online at County Government and Elections and the Contribution Limit and Disclosure Rules (CLDR) can be accessed directly. If you do not find the answers to your questions after reviewing the Charter, Code, Rules, and content below, please contact campaignfinance@multco.us (link sends e-mail) or 503.988.8613 and we will respond to you as quickly as possible.

Common Questions: Individuals & Entities Funding Communications

Am I subject to disclosure requirements if I am not affiliated with a campaign?

When does someone become a Candidate to whom disclosure rules apply?

When does an Election Cycle start and end?

What are the disclosure requirements for communications paid for with general pooled funds from different sources?

What types of communications are exempt from disclosure requirements?

What do I need to disclose on social media posts?

How often should I update required disclosure information on website and Social Media accounts?

Will the Elections Division review my Communication materials for compliance?

CONTRIBUTION LIMITS

I am not affiliated with a campaign. However, I want to produce Communication pieces supporting my preferred Candidate or opposing other Candidates. Do I need to comply with the County disclosure requirements?

• Yes. Multnomah County Code Sec. 5.203 states, “Each Communication to voters related to a Multnomah County Candidate Election will Prominently Disclose the true original sources of the Contributions and/or Independent Expenditures used to fund the Communication.”  Except for exempt Communications, such as those funded with $345 or less, that rule applies to all Communications related to Multnomah County Candidate Elections, regardless of whether the Individual or Entity funding the Communication is affiliated with a campaign. 

At what point does someone become a Candidate who would be subject to Multnomah County's disclosure requirements?

• A person becomes a Candidate who is subject to Multnomah County’s Contribution limits and disclosure requirements when the person:

  • 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
  • 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
  • Files their Candidate Filing form (SEL 101) with the Elections Director for one of the elected public offices of Multnomah County for an upcoming election; or 
  • Declares their candidacy for an elected public office of Multnomah County for an upcoming election on a publicly accessible source, which 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; or
  • Expresses consent to be named as a candidate for nomination or election to an elected public office of Multnomah County for an upcoming election including expressing consent through written communications or recorded statements affirming the 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; or
  • Has their name printed on a ballot for election to a public office of Multnomah County in an upcoming election; or
  • 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.

• However, 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 is no longer a Candidate subject to the Contribution limits and disclosure requirements.

Communications to voters must include the top five Dominant Contributors and Dominant Independent Spenders based on their funding or spending per Election Cycle. When does an Election Cycle start and end?

• The Election Cycle for an elected public office of Multnomah County starts at 12:01 a.m. the day after the election at which a Multnomah County Candidate is elected to office and runs until midnight on the day of the next election where a Candidate is elected to that same office.  Because Multnomah County Candidates can be elected in a May primary if they receive more than 50 percent of the vote, an Election Cycle may end in May or November.
• If there is a special election to fill a vacancy, that special election will have its own Election Cycle starting when the Multnomah County Board calls for the special election and running through the election, inclusive of any special election runoff.
• Visit Multnomah County Candidate Election Cycles for information about the current election cycle.

My Political Committee, which is not a Multnomah County Candidate Committee, funded a campaign Communication with general pooled funds received from various sources. What is the disclosure requirement on these types of Communications?

• First, the Political Committee should list its own name as paying for the Communication. An example of such Disclosure would be, “Paid for by Friends of Good Government.” 
• Second, if the Political Committee is a Dominant Independent Spender, meaning it has spent more than $1,152 during the Election Cycle to support or oppose the particular Candidate, and is making an Independent Expenditure, then it must also list the types of businesses from which the Political Committee has obtained a majority of income over the previous 5 years.
  • The types of businesses must be identified using the name associated with the businesses’ 6-digit code of the North American Industry Classification System (NAICS).
  • For example, if a Political Committee named Friends of Good Government obtained a majority of its income over the past 5 years from the company Super Sports, which manufactures shoes, this part of the disclosure might say, “Paid for by Friends of Good Government (Footwear Manufacturing).”
• Third, the Political Committee should also list its five largest contributors who donated more than $1,152 during the Election Cycle to the Political Committee (known as “Dominant Contributors”) as follows:
  • For each of the Political Committee’s top 5 Dominant Contributors:
    • List the name of the Individual or Entity
    • For any Entity that is a Dominant Contributor, list the types of  businesses where each listed Entity has obtained a majority of income over the previous five years, with each business identified by the name associated with its six-digit code from the North American Industry Classification System (NAICS).
    • If more than 5 Individuals or Entities qualify as the largest Dominant Contributors, i.e., there is a tie, the Political Committee is required to disclose the 5 applicable Individuals or Entities whose contributions were made closest to the date of initial printing or transmission of the Communication.  For example, if 15 different Individuals are the largest contributors to a Political Committee, and they each gave $5,000 to the Political Committee, the Political Committee would disclose the names of the 5 people who gave their $5,000 closest to the date the ad was printed.
• Fourth, if any of the five Dominant Contributors is a Political Committee or nonprofit, another level of disclosure is required.  For each Political Committee or nonprofit that is a Dominant Contributor, the disclosure must also include the top three funders who donated more than $1,152 during the Election Cycle to that Political Committee or nonprofit. However, that requirement to disclose the top three funders does not apply to a Small Donor Committee.

What types of items are exempt from Multnomah County's disclosure requirements?

• The following items are exempt from Multnomah County’s campaign disclosure requirements: 
  • Bumper stickers
  • Signs smaller than six square feet
  • Small items worn or carried by Individuals, such as buttons or stickers
  • 500 or fewer substantially similar flyers or other pieces of literature distributed in any 10-business day period
  • Other communications funded through a de minimis amount of $345 or less

I have campaign Social Media accounts, do I need to list my funding sources on every post?

• It depends on whether the post includes professionally-produced Communications, and the amount of funding used to provide or present the post.
• If the post was funded using a total of $345 or less, no disclosure is required.
• If that exemption does not apply, the County’s Administrative Rules outline a few different ways to satisfy the disclosure requirements on social media:
  • Funder(s) Listed with Active Link to Website for Additional Disclosures. One option is for each Communication on social media to (1) identify in the Communication who paid for it and (2) include an active link to a website with any additional required disclosures, such as the list of Dominant Contributors.  The disclosures on the separate website must be easily accessible and prominently displayed.  Note that different rules apply for professionally-produced Communications, as outlined below.
  • Static Location.  A second option is to list all required disclosures in a static location, such as a biography or profile section of a Social Media account used for campaign Communications.  If the static page of a Social Media account is character limited in a way that prevents full compliance with the disclosure provisions on that static page, then the disclosure requirements can be met by using the static page to provide an active link to a website with all required disclosure information, if the information on that linked website is easily accessible and prominently displayed.   When disclosures are included in a static location, disclosures are not required in the text portion of every Communication, such as in every text-based Tweet, unless the Communication includes professionally-produced material.
  • Professionally-Produced Material.  If you publish a professionally-produced Communication (such as a video advertisement, audio, infographic, or photo) via Social Media, different requirements apply and you should list the funding sources for that professionally-produced Communication as required on the Communication.

How often should I update my required disclosure information on my website and Social Media accounts?

• Generally, disclosures must be current to within 10 business days of printing the Communication that requires disclosure, but audio and video Communications must generally have disclosures that are current to within five business days of their transmission. It is recommended that disclosures be dated to ensure timeliness.

I am wondering if my campaign Communication will comply with the County’s disclosure regulations. Will your office review my ad before it’s distributed?

• No, however, the Elections Division can provide general information about how the County is implementing the requirements. For specific legal advice or formal opinions, all Candidates, campaigns, and contributors are individually responsible for compliance and should seek outside legal advice.