The Oregon Secretary of State's Office determined Multnomah County Commissioner Loretta Smith meets the definition of a candidate for Portland City Council under state election laws.
The county says the state's decision will not inform the county attorney's interpretation of the county charter, which says county commissioners running for another elected office must resign when they file for another office before the final year of their term.
In a final ruling on a complaint alleging possible violations by Smith of Oregon election laws, the Secretary of State's Office said Thursday that Smith is in fact a candidate for office, despite not having formally filed.
Related: Complaint Accuses Loretta Smith Of Violating Campaign Laws In Portland Council Race
While Smith hasn't turned in paperwork, she has raised thousands of dollars for the race since October.
The secretary of state's final determination in the complaint against Smith cites her Sept. 12 announcement in Willamette Week to run for Portland City Council, and the homepage of her Facebook stating "Loretta Smith for Portland City Council."
The Secretary of State's Office will issue a $250 civil penalty to Smith for violating Oregon election laws that require amendments to candidate statements of organization so they reflect the intention to run for office.
This story was updated to include a response from the county.