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WW recently reported that 11 candidates running for city office this November agreed in writing to swap donations with fellow candidates to unlock taxpayer funding for their campaigns.
The swaps occurred as candidates were attempting to log donations from 250 individual donors in order to qualify for at least $40,000 in matching taxpayer funds from the city’s Small Donor Elections program, which was created in 2016 to level the playing field for first-time candidates and take big money out of local politics.
Update, 11 am Sept. 13: WW now has evidence that 14 candidates asked or agreed to swap donations.
According to three elections experts and lawyers, reciprocal donations—where Candidate A agrees to contribute to Candidate B so long as Candidate B contributes to Candidate A—is likely a violation of Oregon Revised Statutes 260.665, which prohibits candidates for political office from soliciting donations using “undue influence.”
Campaign finance lawyer Jason Kafoury says the swapping undermines the intent of the city’s matching program. “To me, what needs to come about are new rules for banning collusion between candidates, their campaigns and their agents regarding any public funding.”
An email thread between candidates in August showed a number of them eagerly agreeing to take part in donation-swapping with any other candidate who might want to participate, seemingly without regard for each other’s policy platforms. Other emails show that several candidates reached out individually to other candidates to ask for swaps. A handful of candidates also offered to involve the partners of candidates in the donation-swapping agreements.
Donation data obtained from the Small Donor Elections program on Monday and analyzed by local elections watchdog Seth Woolley shows that across the current election cycle, more than 970 mutual transactions occurred between candidates.
The existence of those mutual transactions does not in and of itself prove that candidates explicitly agreed to swap donations; there’s only a potential legal issue, legal experts say, if the two candidates predicated donations on the other’s agreement to reciprocate.
The Secretary of State’s Office has yet to weigh in on whether any laws were violated.
Five of the 14 candidates qualified for $40,000 in matching taxpayer funds. Another three may have; the city’s Small Donor Elections program is still tallying donations.
Here are the 14 candidates who agreed to such swaps in writing.
Eric Zimmerman
Date: Aug. 9
Total donations from other candidates: 23
What he said in an email thread: “Happy to help and reciprocate folks.”
What he says now: “[The] Secretary of State’s Office is the only compliance authority that matters in this situation, and we need to hear from them.” Zimmerman says that on Sept. 5 he asked his campaign team to seek guidance on whether or not certain mutual donations were proper or improper.
Bob Weinstein
Date: Aug. 20
Total donations from other candidates: 15
What he said in an email thread: “I’d be glad to reciprocate with anyone who hasn’t already done so with me. Let me know directly.”
What he says now: Did not respond to a request for comment.
Chad Lykins
Date: Aug. 8
Total donations from other candidates: 27
What he said in an email thread: “Anyone willing to help me get to the next threshold by giving $5 gets $5 from me. If you can rassle a second $5 my campaign manager Jonathan will chip in too.”
What he says now: Lykins said he has sought guidance from the Secretary of State’s Office and goes to “great lengths to comply with city and state rules.” (He later pledged to return the donations at issue.)
Thomas Shervey
Date: Aug. 9
Total donations from candidates: 10
What he said in an email thread: “Just waiting for my paycheck to reciprocate!”
What he says now: Did not respond to a request for comment.
Michael Trimble
Date: Aug. 8
Total donations from candidates: 10
What he said in an email thread: “Done Chad! Anyone else want to do a $5 contribution match?”
What he says now: Trimble took issue with WW’s premise that his willingness to swap donations would appear to be illegal. “‘Would appear’ is not the same as ‘actually is,’” Trimble said in a text.
Mike DiNapoli
Date: Aug. 9
Total donations from candidates: 12
What he said in an email thread: “Anyone able and willing to support my campaign with a small dollar donation of $5-$20, I would most certainly reciprocate the favor.”
What he says now: DiNapoli said he was “confident in saying that there was no ‘undue influence’ in being asked for support and/or lending support for any other candidate.”
Liv Osthus, mayoral candidate
Date: Aug. 20
Total donations from candidates: 30
What she said in an email thread: “I’ll reciprocate donations! My campaign is SO close to 750.”
What she says now: She says she’s “certain no one who traded suspected they were doing anything wrong.”
Ben Hufford
Date: Aug. 9
Total donations from candidates: 14
What he said in an email thread: “Happy to do 1 or 2 at $5-$20. Let me know and I’m in.”
What he says now: Did not respond to a request for comment.
Sam Sachs
Date: Aug. 8
Total donations from candidates: 13
What he said in an email thread: “I’m in. I’ve already donated to several candidates and they reciprocated. If we haven’t connected this way let me know or donate and once I see it, I’ll donate back.
What he says now: Did not respond to a request for comment.
Cayle Tern
Date: Aug. 9
Total donations from candidates: 25
What he said in an email thread: “I can do the same.”
What he says now: “When folks asked, I decided to help. When I helped, I didn’t expect them to return the favor even if it was the proposed agreement. I just wanted to help those that needed help if they reached out.”
Luke Zak
Date: Aug. 8
Total donations from candidates: 35
What he said in an email thread: “Love to see the inter-campaign support! My partner and I are always happy to help with a symbiotic boost to get candidates closer to our goals as well.”
What he says now: Did not immediately respond to a request for comment.
William Mespelt
Date: Aug. 7
Total donations from candidates: 40
What he said in an email to another candidate: “Would you be interested in supporting each other with $5 and getting a step closer to the match?” and “Also if you have a spouse/partner we could have them help as well.” The Oregonian first reported on Mespelt’s donations.
What he says now: Did not immediately respond to a request for comment.
Chris Olson
Date: Aug. 3
Total donations from candidates: 26
What he said in an email to another candidate: “I’m so close to my 250 do you mind sending me $5 bucks. And I’lldonate $5 to your campaign. That should help us both get closer to our goals.”
What he says now: Did not immediately respond to a request for comment.
This story appeared in the Sept. 11 print edition of WW, but is being updated with more names.