Ruling will affect Portland mayoral race
Sho Dozono may be out of the running if he’s ineligible for public financing for his campaign
ANNA GRIFFIN, The Oregonian, March 18, 2008
The future of Sho Dozono’s campaign for Portland mayor will rest this week on how a state judge answers two questions:
When does a candidate become a candidate? And, when does information stop having a value?
Portland Auditor Gary Blackmer answered those questions in Dozono’s favor last month, ruling that a poll conducted on the mayoral hopeful’s behalf in late December didn’t disqualify him from accepting taxpayer help for his campaign.
The city’s public financing law says candidates can only receive $12,000 in donations of goods or services. The poll cost $27,295. But at the time, Blackmer ruled, Dozono was merely considering a run, not an actual candidate.
In a daylong hearing Monday before a state administrative law judge, two candidates for mayor and the lawyer for another argued that Blackmer misinterpreted state and city law.
Their basic argument: State law, and anyone with common sense, would have considered Dozono a candidate when he received the poll and disqualified him from getting public cash. The timeline, they argued, is critical.
Last fall, a group of friends and business associates led by lobbyist Len Bergstein asked Dozono to think about running for mayor against City Commissioner Sam Adams. In mid-November, Dozono’s business, Azumano Travel, registered several potential domain names in case he ran. In mid-December, Dozono sent out an e-mail and put up a Web site asking people whether he should run.
On Dec. 17, a Las Vegas-based polling firm began calling potential Portland voters on Dozono’s behalf. The 25-minute poll included several dozen questions, details of Dozono and Adams’ biographies, favorable ratings for Adams and other members of the City Council and questions about where potential voters stood on numerous specific issues.
State law essentially says that anyone who spends or receives money for a campaign is considered a candidate. But the city code is more complicated.
Blackmer ruled that Dozono didn’t become a candidate — and subject to that cap on in-kind donations — until he filed official paperwork stating he would try to collect the 1,500, $5 contributions required to win public cash. That was Jan. 7.
So Dozono wasn’t a candidate when he paid for the Web site or sent the first e-mail announcing “the beginning of our grassroots campaign.” He wasn’t a candidate on Dec. 20, when one of his daughters and Bergstein tried to form a political action committee, Friends of Sho Dozono. He wasn’t a candidate on Jan. 2, when he and his wife visited City Hall to learn more about public financing and set up a training session with city regulators. He wasn’t a candidate on Jan. 4 when they picked up the forms used to collect qualifying donations or later that day when one of his aides called the city elections officer to ask if, “hypothetically,” it would be a problem if someone had donated a poll to his campaign.
Adams and fellow candidates Craig Gier and Beryl McNair disagree with Blackmer’s take. Dozono, they said, was a candidate when he got the poll results Dec. 21. And in the hearing, they raised another point of contention:
Even if Dozono didn’t meet city standards for candidacy when he got the poll, didn’t he continue to benefit from its information once he became one?
Again city policy and state law differ. State law is specific about the value of a poll — for the 15 days after a candidate receives the final campaign results, a survey is worth 100 percent of its cost. After that, the value drops over time.
Even if Dozono wasn’t a candidate until Jan. 7, Adams and the others contended, the poll’s value to him still exceeded the city cap on in-kind donations when he became one.
“Our point is to say that there’s a substantial continuing value,” said Roy Pulvers, Adams’ attorney. “The primary value of the poll is to help craft strategy and message in a campaign, not to decide whether to run.”
Blackmer, who spent a tense three hours smiling tightly on the witness stand, acknowledged that it’s difficult to state the value of a poll. But he said he considered the survey’s questions — which were read to him over the phone after Dozono declined to give him a printed version — a legitimate part of an attempt to “test the water.” Attorneys for the city and Dozono’s campaign said Blackmer should be given the benefit of the doubt — he is, after all, an independently elected official whose job is to interpret and enforce city code.
“What I was listening for was something in that poll that indicated, first of all, that he was a candidate, some declaration. I didn’t hear anything like that,” Blackmer said. “If someone had given Mr. Dozono $27,000 worth of lawn signs, he could simply have refused them. Knowledge is a little harder to give back.”
Judge David Gerstenfeld will decide later this week whether that knowledge costs Dozono $161,000 in public money.
Back when he was trying to qualify for public financing, Dozono said he wouldn’t run if he didn’t receive city money. Last week, in an interview with KATU, he seemed to be reconsidering:
“I think the campaign has already started,” Dozono said. “Whether I can actually run a competitive race with only the $40,000 I’ve raised — that is money I have available. I would hope that citizens might come to my aid and support me in some other significant way.”
Anna Griffin: 503-412-7053; annagriffin@news.oregonian.com