Complaint Questions Sam Adams' Eligibility in May Council Race

Sam Adams speaking to reporters in 2012. Denis Theraiult

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A Portlander has filed a complaint with the city questioning former mayor Sam Adams' eligibility to run in the May 16 Portland City Council race. Adams joined the race for city commissioner, position 4, on January 15.

"I believe the determination that Sam Adams is eligible to run for City Council was based upon a misinterpretation of the applicable law," writes Bob Weinstein, a Portlander who previously filed a complaint against the city for not enforcing its e-scooter rules.

Weinstein sent this complaint on January 29 to City Auditor Mary Hull Caballero, who oversees the city's election department.

To enter a Portland City Council election, candidates must prove that they've lived in Portland for at least one year prior to election day. Adams, who served as Portland mayor from 2008 to 2012, has been living in Washington, DC until recently. Last week, Adams told the Mercury that he moved back to Portland in May 2019. In a July 2019 interview with Willamette Week, however, Adams said he was moving back to Portland "full time" in August 2019. Adams has not responded to the Mercury's request for clarification (but we'll update this post when he does).

Last week, city elections officer Deborah Scroggin told Willamette Week that Adams has been registered to vote in Portland for at least a year—meaning, in the eyes of the city, he's met the state qualifications.

Weinstein disagrees, and argues that being a resident of Portland is different than being a voter in Portland. In his complaint, Weinstein cites the WW article in which Adams said he was moving to Portland in August, writing: "Mr. Adams is therefore ineligible to be a candidate in the May primary election because he did not maintain residency within the City of Portland’s limits since May 19, 2019."

In Oregon state statue, "residency" is defined as a "place in which habitation is fixed and to which, when the person is absent, the person intends to return." Weinstein, meanwhile, offers his own definition: "'The word 'residency' means physical presence."

Scroggin declined to comment on the complaint "due to its preliminary nature." According to the elections office, Adams has yet to gather enough signatures to be formally qualified for the May ballot—meaning there's no actual decision to appeal at this point.

What's more, any complaints against city election decisions must be filed through Multnomah County Circuit Court, not the City Auditor's office.

Weinstein ends his complaint by suggesting the city is unfairly biased towards Adams: "Finally, this preliminary determination appears to be a very favorable decision for a former mayor that in all likelihood would not be available to an average citizen."