246.010 [Repealed by 1957 c.608 §231]repealed
No operative statutory text appears at this designation in the selected edition.
Title 23 — Elections
Chapter 246 — Administration of Election Laws; Vote Recording Systems
70 sections246.011 [1957 c.608 §1; 1975 c.675 §1; repealed by 1979 c.190 §431]repealed
No operative statutory text appears at this designation in the selected edition.
246.012 Definitions
As used in this chapter: “Ballot” means any material on which votes may be cast for candidates or measures. “County clerk” means the county clerk or the county official in charge of elections. “County governing body” means the county court sitting for the transaction of county business or the board of county commissioners. “Election” means any election h…
246.015 [1999 c.410 §2; repealed by 2007 c.154 §67]repealed
No operative statutory text appears at this designation in the selected edition.
246.020 [Repealed by 1957 c.608 §231]repealed
No operative statutory text appears at this designation in the selected edition.
246.021 Time within which election documents must be received by elections officer; electronic facsimile and electronic mail transmissions; electronic campaign finance statements
Except as provided in ORS 247.012 and subsection (2) of this section, an election document and an accompanying payment of fees required to be filed with the Secretary of State, county clerk or other filing officer must be delivered to and actually received at the office of the designated officer not later than 5 p.m. of the day the document or fee is due or,…
246.022 Secretary of State may alter language required in election documents; rules
Notwithstanding any other statute in ORS chapters 246 to 260, the Secretary of State may by rule alter the specific language required to be written in documents relating to an election, provided that the alteration in language does not materially change the meaning of the language being altered.
246.025 Use of signature stamp by person with disability
A person with a disability who is unable because of the disability to sign any election document, including a voter registration card or ballot return envelope, may use a signature stamp or other indicator of the person’s signature, as specified by the Secretary of State by rule, whenever the signature of the person is required under any election law. A per…
246.030 [Repealed by 1957 c.608 §231]repealed
No operative statutory text appears at this designation in the selected edition.
246.035 [1965 c.527 §4; repealed by 1971 c.267 §16]repealed
No operative statutory text appears at this designation in the selected edition.
246.040 [Repealed by 1957 c.608 §231]repealed
No operative statutory text appears at this designation in the selected edition.
246.045 [1967 c.338 §§2,3; 1975 c.675 §2; 1979 c.190 §391; renumbered 260.705]renumbered
No operative statutory text appears at this designation in the selected edition.
246.046 Secretary of State and county clerks to seek out evidence of violations
The Secretary of State and each county clerk shall diligently seek out any evidence of violation of any election law.
246.050 [Repealed by 1957 c.608 §231]repealed
No operative statutory text appears at this designation in the selected edition.
246.055 [1973 c.154 §1; repealed by 1979 c.190 §431]repealed
No operative statutory text appears at this designation in the selected edition.
246.060 [Repealed by 1957 c.608 §231]repealed
No operative statutory text appears at this designation in the selected edition.
246.070 [Repealed by 1957 c.608 §231]repealed
No operative statutory text appears at this designation in the selected edition.
246.080 [Repealed by 1957 c.608 §231]repealed
No operative statutory text appears at this designation in the selected edition.
246.090 [Repealed by 1957 c.608 §231]repealed
No operative statutory text appears at this designation in the selected edition.
246.100 [Repealed by 1957 c.608 §231]repealed
No operative statutory text appears at this designation in the selected edition.
246.110 Secretary of State as chief elections officer
The Secretary of State is the chief elections officer of this state, and it is the secretary’s responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws.
246.120 Directives, instructions and assistance to county clerks
In carrying out the responsibility under ORS 246.110, the Secretary of State shall prepare and distribute to each county clerk detailed and comprehensive written directives, and shall assist, advise and instruct each county clerk, on registration of electors and election procedures which are under the direction and control of the county clerk. The directives…
246.130 [1957 c.608 §4; repealed by 1979 c.190 §431]repealed
No operative statutory text appears at this designation in the selected edition.
246.140 Election law conferences for county clerks
In carrying out the responsibility under ORS 246.110, the Secretary of State biennially shall organize and conduct at convenient places and times in this state at least three conferences on the administration of the election laws. The Secretary of State shall conduct the conferences described in subsection (1) of this section not later than December 31 of a…
246.150 Rules
The Secretary of State may adopt rules the secretary considers necessary to facilitate and assist in achieving and maintaining a maximum degree of correctness, impartiality and efficiency in administration of the election laws.
246.160 Compilations and digests of election laws; distribution of supplies and materials to county clerks and othersrenumbered
No operative statutory text appears at this designation in the selected edition.
246.170 Deposit of moneys received under ORS 246.160 in Secretary of State Miscellaneous Receipts Account
All moneys received by the Secretary of State under ORS 246.160 shall be deposited into the Secretary of State Miscellaneous Receipts Account established under ORS 279A.290. All moneys received by the Secretary of State under ORS 246.160 and deposited in the account are appropriated continuously to the Secretary of State for the payment of expenses incurred …
246.179 Reimbursement of county clerk for special elections for United States Senator or Representative and for recall elections involving state office
Notwithstanding ORS 246.250, the Secretary of State shall reimburse each county clerk for necessary expenses of an election described in subsection (2) of this section based on a claim filed by the county clerk and approved by the Secretary of State. The claim shall be made on a form designed by the Secretary of State. The Secretary of State shall make the r…
246.180 [1973 c.283 §9; 1979 c.190 §98; renumbered 249.009]renumbered
No operative statutory text appears at this designation in the selected edition.
246.185 Elections Fund
The Elections Fund is established separate and distinct from the General Fund of the State Treasury. Moneys in the Elections Fund may be invested as provided in ORS 293.701 to 293.857. Interest earned by the Elections Fund and the earnings of any investments shall be credited to the fund. The Elections Fund consists of: Amounts appropriated or otherwise ma…
246.190 Help America Vote Act complaint procedures; rules
The Secretary of State by rule shall establish administrative complaint procedures that meet the requirements of the federal Help America Vote Act of 2002 (P.L. 107-252). Complaints alleging violations of Title III of the federal Help America Vote Act of 2002 (P.L. 107-252) must be filed as provided in rules adopted under this section. Complaints alleging v…
246.200 County clerk to conduct elections; exceptions
Except as otherwise provided by law, the county clerk is the only elections officer who may conduct an election in this state. For purposes of this section, the conduct of an election includes, but is not limited to, establishing precincts, preparing ballots and sample ballots, and receiving and processing votes. Notwithstanding subsection (1) of this secti…
246.210 County clerk to supervise local elections officials
Subject to the directives and instructions prepared and distributed or given by the Secretary of State under ORS 246.120 or 246.140, a county clerk may exercise general supervision of administration of election laws by each local elections official in the county for the purpose of achieving and maintaining a maximum degree of correctness, impartiality, effic…
246.220 [1957 c.608 §10; 1979 c.190 §12; repealed by 1985 c.448 §5]repealed
No operative statutory text appears at this designation in the selected edition.
246.230 [1957 c.608 §11; 1965 c.527 §1; 1971 c.660 §1; 1975 c.675 §3; 1979 c.190 §13; repealed by 1985 c.448 §5]repealed
No operative statutory text appears at this designation in the selected edition.
246.235 [1965 c.527 §3; repealed by 1979 c.190 §431]repealed
No operative statutory text appears at this designation in the selected edition.
246.240 [1957 c.608 §12; repealed by 1965 c.527 §5]repealed
No operative statutory text appears at this designation in the selected edition.
246.245 Notification to county clerk when city boundary changed
If the boundary of a city is changed, the city governing body immediately shall send a certified copy of the order, resolution or other action changing the boundary to the county clerk of each county in which the city is located.
246.250 Personnel; equipment, materials and facilities; payment of expenses; administering oaths
The county clerk may employ personnel and procure equipment, supplies, materials, books, papers, records and facilities of every kind as the clerk considers necessary to facilitate and assist in administering the election laws. The necessary expenses incurred by the county clerk in administering the election laws shall be allowed by the county governing bod…
246.260 [1957 c.608 §15; repealed by 1979 c.190 §431]repealed
No operative statutory text appears at this designation in the selected edition.
246.265 [1977 c.829 §12; repealed by 1979 c.190 §431]repealed
No operative statutory text appears at this designation in the selected edition.
246.270 Office hours of county clerk on election days
On the day of any primary election, general election or special election held throughout the county, the county clerk’s office shall remain open for business pertaining to the election from 7 a.m. to 8 p.m. of the same day.
246.300 [1957 c.608 §17; repealed by 1975 c.675 §36]repealed
No operative statutory text appears at this designation in the selected edition.
246.310 [1957 c.608 §22; 1959 c.317 §1; 1963 c.37 §1; 1963 c.159 §1; 1975 c.675 §4a; 1979 c.190 §17; 1983 c.514 §2; 1985 c.471 §1; 1991 c.69 §1; 1995 c.712 §4; 2005 c.797 §53; repealed by 2007 c.154 §67]repealed
No operative statutory text appears at this designation in the selected edition.
246.320 [1957 c.608 §23; 1979 c.190 §18; 1993 c.797 §20; repealed by 2007 c.154 §67]repealed
No operative statutory text appears at this designation in the selected edition.
246.330 [1957 c.608 §24; 1973 c.588 §1; 1975 c.675 §5; 1975 c.678 §3; 1979 c.190 §19; 1979 c.519 §1a; 1995 c.607 §2; repealed by 2007 c.154 §67]repealed
No operative statutory text appears at this designation in the selected edition.
246.335 [1979 c.749 §2 (enacted in lieu of 246.340); 1991 c.719 §20; repealed by 2007 c.154 §67]repealed
No operative statutory text appears at this designation in the selected edition.
246.340 [1957 c.608 §25; 1959 c.89 §1; 1979 c.190 §20; repealed by 1979 c.749 §1 (246.335 enacted in lieu of 246.340)]repealed
No operative statutory text appears at this designation in the selected edition.
246.350 [1975 c.678 §1; repealed by 1979 c.190 §431]repealed
No operative statutory text appears at this designation in the selected edition.
246.410 Directives for fixing precinct and other electoral district boundaries; maximum number of electors in precinct
After each federal decennial census, the Secretary of State shall prepare detailed and comprehensive directives providing guidelines for fixing precinct and other electoral district boundaries based on census population figures. After the federal decennial census and before the Legislative Assembly or Secretary of State, whichever is applicable, apportions …
246.420 [1957 c.608 §21; 1961 c.49 §1; 1961 c.174 §1; 1975 c.675 §6; 1977 c.179 §1; 1979 c.190 §22; 1989 c.224 §36; 1993 c.503 §11; 1999 c.410 §5; repealed by 2007 c.154 §67]repealed
No operative statutory text appears at this designation in the selected edition.
246.510 [1955 c.246 §1; renumbered 246.021]renumbered
No operative statutory text appears at this designation in the selected edition.
246.520 Applicable laws; conflicting laws and ordinances inapplicable
All the provisions of the election laws and of any county or city charter or ordinance not inconsistent with ORS 246.520 to 246.600 apply to elections where voting machines or vote tally systems are used. Any provision of law or of any county or city charter or ordinance which conflicts with the use of voting machines or vote tally systems as provided in ORS…
246.530 Adoption, purchase or procurement of equipment; use thereafter
A governing body may adopt, purchase or otherwise procure, and provide for the use of, any voting machine or vote tally system approved by the Secretary of State in all or a portion of the precincts. Thereafter the voting machine or vote tally system may be used for voting at all elections for public and party offices and on all measures, and for receiving, …
246.540 Joint purchase, maintenance and use
In purchasing voting machines or vote tally systems, a governing body of any county and the governing bodies of any incorporated cities, districts or other municipalities in the county, may provide for the joint purchase and subsequent ownership of voting machines or vote tally systems and for the care, maintenance and use of the machines or systems. The go…
246.550 Examination and approval of equipment by Secretary of State
The Secretary of State shall publicly examine all makes of voting machines or vote tally systems submitted to the secretary and determine whether the machines or systems comply with the requirements of ORS 246.560, and can safely be used by electors. Any person owning or interested in a voting machine or vote tally system may submit it to the secretary for …
246.560 Requirements for approval of equipment
A voting machine may not be approved by the Secretary of State unless the voting machine is constructed so that it: Secures to the elector secrecy of voting. Provides facilities for voting for the candidates of as many political parties or organizations as may make nominations and for or against as many measures as may be submitted. Permits the elector to…
246.565 Audit of computerized voting system by Secretary of State; copy of instructions for operation and maintenance; maintenance log
Any voting machine or vote tally system involving the use of computers, a computer network, computer program, computer software or computer system shall be subject to audit by the Secretary of State at any time for the purpose of checking the accuracy of the voting machine or vote tally system. The county clerk shall obtain a copy of the written instruction…
246.570 Sale of vote recording systems to counties; security interest
The Secretary of State may enter into an agreement, for a term of not more than five years, with any county within the state for the sale to the county of approved voting machines or vote tally systems or computers or computer systems described in ORS 246.590. The agreement shall include a provision creating a security interest for the Secretary of State in …
246.580 Content of vote recording system sale agreement
The sale agreement shall provide for: Annual payments of not less than 20 percent of the cost of the voting machines or vote tally systems or computers or computer systems, plus interest, payable on or before December 15. Payment by the county of maintenance, supplies, storage and transportation costs of the voting machines or vote tally systems or compute…
246.590 Loans from State Treasurer for purchase of voting equipment or computers; Voting Machine Account
The State Treasurer, in the capacity of investment officer for the Oregon Investment Council, may lend moneys in the investment funds as provided in ORS 293.701 to 293.857 for the acquisition of: The voting machines or vote tally systems that the Secretary of State has contracted to sell to a county. Computers or computer systems for the purpose of maintai…
246.600 Deposits in Voting Machine Account; repayment to State Treasurer
All payments collected from the counties from the sale of voting machines, computers or vote tally or computer systems shall be deposited in the Voting Machine Account. An amount of money equal to the amount of payments collected from the counties from the sale of voting machines, computers or vote tally or computer systems during the calendar year, plus int…
246.610 [Formerly 258.445; 1995 c.144 §19; repealed by 2005 c.755 §59]repealed
No operative statutory text appears at this designation in the selected edition.
246.710 Declaring county elections emergency; process; resumption of elections
Notwithstanding ORS 246.200, if the governing body of a county, after consultation with the county clerk or county director of elections, believes that the county is in a state of fiscal distress that compromises the county’s ability to conduct elections at a minimally adequate level, the governing body may request that the Governor declare a county election…
246.810 [1957 c.608 §6; 1979 c.190 §35; repealed by 1985 c.448 §5]repealed
No operative statutory text appears at this designation in the selected edition.
246.820 Order to compel county clerk, city elections officer or elections official to comply with interpretation, rule, directive or instruction
Whenever it appears to the Secretary of State that a county clerk, city elections officer or a local elections official has failed to comply with an interpretation of any election law made by the Secretary of State under ORS 246.110 or has failed to comply with a rule, directive or instruction made by the Secretary of State under ORS 246.120, 246.140 or 246.…
246.830 [1957 c.608 §13; 1979 c.190 §37; repealed by 1985 c.448 §5]repealed
No operative statutory text appears at this designation in the selected edition.
246.910 Appeal from Secretary of State, county clerk or other elections official to courts; deadline for filing
A person adversely affected by any act or failure to act by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, or by any order, rule, directive or instruction made by the Secretary of State, a county clerk, a city elections officer or any other county, city or district offic…
246.990 [Repealed by 1957 c.608 §231]repealed
No operative statutory text appears at this designation in the selected edition.
246.991 [1967 c.338 §4; 1975 c.675 §7; repealed by 1979 c.190 §431]repealed
No operative statutory text appears at this designation in the selected edition.