FAQ: Contribution Limits for Contributors

Disclaimer

This FAQ page is not legal advice. The following responses address common questions about local Contribution limits and disclosure requirements in Multnomah County Candidate Elections, but do not address any other local, state, or federal requirements. Multnomah County Code (MCC) Chapter 5 and the Contribution Limit and Disclosure Administrative Rules (CLDR) provide exact requirements and language for local regulations. 

If you do not find the answers to your questions after reviewing the Code, Rules, and content below, please contact campaignfinance@multco.us or 503.988.8613 and we will respond to you as quickly as possible.

When do Contribution limits apply?

I am considering making a Contribution to a candidate or prospective candidate. At what point does someone become a Candidate who would be required to abide by Multnomah County’s Contribution limits?

• 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.

Candidates are prohibited from accepting more than $568 from Individuals or Political Committees (other than Small Donor Committees) during an 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 more information about the current election cycles.

Do Contribution limits apply to ballot measures?

• No. The Contribution limits apply only to Contributions to Candidates and Candidate Committees involved in Multnomah County Candidate Elections, meaning elections for County Chair, County Commissioner, County Auditor, and County Sheriff.

Who is held responsible for ensuring the Contribution limits are not violated?

• Under the County’s campaign finance regulations, both the contributor and the Candidate or the Candidate Committee are liable for transactions that exceed the Contribution limits.
• For example: An Individual contributor may be found in violation for making more than the allowed Contribution to one Candidate’s Candidate Committee and the Candidate’s Candidate Committee may also be found in violation for accepting such a Contribution.
• Contributor safe harbor: If a contributor has made a Contribution that would violate the Contribution limit, the contributor may request, in writing, the return of their excess Contribution from the Candidate or their Candidate Committee within 30 days of the Contribution. Evidence of such a communication may be used in seeking safe harbor from civil penalties if it is the contributor's first violation during an Election Cycle.
• Candidate/Candidate Committee safe harbor: Similarly, if a Candidate or their Candidate Committee returns or declines funds that would be in violation of the Contribution limits within the timeframes outlined below, then the funds will not be deemed “received” and will not be considered to have violated the Contribution limits.
  • Except as provided below, a Candidate or Candidate Committee must return the excess Contribution within 30 calendar days of the date of receipt to be eligible for the safe harbor.
  • However, as an election gets closer, the eligible period for returning or declining excess Contributions shortens. During the period beginning 42 calendar days before a primary, general, recall, or special election, a Candidate or Candidate Committee must return the excess Contribution within 7 calendar days of the date of receipt to be eligible for the safe harbor.

How do limits impact Contributions to multiple Candidates?

I would like to personally contribute to multiple Multnomah County Candidates. If I contribute $568 to one Candidate’s Candidate Committee, may I contribute additional funds to a different Candidate during the same Election Cycle?

• Yes. The Contribution limit applies to an Individual’s aggregate Contributions to a particular Multnomah County Candidate either through direct Contributions to the Candidate or through Contributions to a Candidate’s Candidate Committee during the Election Cycle.
• For Example: Contributor A may not contribute more than $568 in the same Election Cycle (which includes both the primary and general elections) to Candidate A. However, Contributor A may contribute $568 to Candidate A and an additional $568 to Candidate B during the same Election Cycle.

Are loans and loan forgiveness subject to the Contribution limits?

• The definition of a “Contribution” includes a “loan” and “forgiving of indebtedness.” Therefore making or forgiving a loan over $568 to a Candidate or Candidate Committee is prohibited under the County’s established Contribution limits.
• There is a very narrow exception for certain loans made by certain financial institutions.
• However, anything of value provided by a Candidate to their own Candidate Committee or otherwise provided by a Candidate to support their own election or nomination to an elected public office of Multnomah County is not considered a Contribution for purposes of the County’s Contribution limits, and therefore would not be subject to the limits.

Are in-kind contributions subject to the Contribution limits?

• The definition of a “Contribution” includes “services other than personal services for which no compensation is asked or given, supplies, equipment or any other thing of value,” all of which are commonly known as in-kind contributions. Unless explicitly excluded from the definition of “Contribution” in County Code, in-kind contributions are considered a Contribution subject to the $568 limit.
• Examples of in-kind contributions that are not subject to the $568 Contribution limit include:
  • Rooms, phones, and internet access provided for use by a Candidate Committee free or at a reduced charge;
  • A written news story, commentary or editorial distributed through the facilities of a broadcasting station, newspaper, magazine or other regularly published publication, unless a Political Committee owns the facility;
  • An Individual’s use of their own personal residence, including a community room associated with their residence, to conduct a reception for a Candidate and the Individual’s cost of invitations, food and beverages provided;
  • A vendor’s sale of food and beverages for use in a Candidate’s campaign at a charge less than the normal charge, if the charge is at least equal to the cost of the food or beverages to the vendor;
  • Any unreimbursed payment for travel expenses an Individual makes on behalf of the Candidate.

Is volunteer work subject to the Contribution limits? 

• “Contribution” is defined as “services other than personal services for which no compensation is asked or given.” Under this definition, volunteer work is not considered a Contribution and not subject to Contribution Limits.

If a volunteer is providing professional quality services to a campaign, is that subject to the Contribution limits?

• If an individual volunteers with a campaign and provides professional quality services (for example: photography, website design, campaign strategy), those services are not considered a Contribution so long as the volunteer does not ask for any compensation for those services and the campaign does not give any compensation. If the services instead are provided at a discount, the amount of the discount would qualify as a Contribution. For example, if a provider normally charges $300/hour, but charges a candidate only $100/hour, the provider is providing a Contribution of $200/hour.