Oregon Revised Statutes
As used in this chapter: “Ballot” means any material on which votes may be cast for candidates or measures. In the case of a recall election, “ballot” includes material posted in a voting compartment or delivered to an elector by mail. “Chief elections officer” means the: Secretary of State, regarding a candidate for a state office or an office to be vote…
Any primary election, general election or special election held in this state shall be conducted under the provisions of this chapter, unless specifically provided otherwise in the statute laws of this state.
Statutes applicable to primary elections shall be construed as though the primary elections are separate elections for each major political party nominating candidates. The primary elections shall be conducted as nearly as possible according to the theory expressed in the preamble to chapter 1, Oregon Laws 1905.
It is the intention of the Legislative Assembly to carry out the provisions of section 14a, Article II, Oregon Constitution. All elections for city officers shall be held at the same time and place as elections for state and county officers. Unless a city charter or ordinance provides otherwise, the ballots used for state and county elections, if the county…
If a city holds a special election on a date other than the primary election or general election, it shall bear the expense of the election.
The general election shall be held on the first Tuesday after the first Monday in November of each even-numbered year. Except as provided in ORS 254.650, at the general election officers of the state and subdivisions of the state, members of Congress and electors of President and Vice President of the United States as are to be elected in that year shall be …
When one person is to be nominated for or elected to an office, the person receiving the highest number of votes shall be nominated or elected. When more than one person is to be nominated for or elected to a single office, the persons receiving the higher number of votes shall be nominated or elected. This subsection does not apply to a candidate for electi…
On the date of any election, the county clerk may conduct a simulated election. As used in this section, “simulated election” means a demonstration election held for individuals under 18 years of age for the purpose of encouraging future voter participation.
Prior to each election, the county clerk shall make every reasonable effort to acquaint electors with the ballot format to be used in the election and the methods used to mark ballots to cast a valid vote.
Each county clerk shall file a county elections security plan with the Secretary of State not later than: A date established for each calendar year by the Secretary of State by rule; and One business day after any revision is made to the county elections security plan. A county elections security plan shall include, but is not limited to: A written secur…
PREPARATORY PROCEDURES
The chief elections officer shall keep a register of candidates for nomination at the primary election. The register, if applicable, shall contain for each major political party: The title of each office for which the major political party will nominate candidates at the primary election. The name and mailing address of each candidate for nomination at the…
The Secretary of State, not later than the 61st day before the date of a primary or general election, shall file with each county clerk a statement of the federal and state offices to be filled or for which candidates are to be nominated in the county at the election, information concerning all candidates for the offices, and the state measures to be voted o…
The chief elections officer of any city shall file with the county clerk of the county in which the city hall of the city is located, a statement of the city offices to be filled or for which candidates are to be nominated at the election and information concerning all candidates for the offices not later than the 61st day before the date of the election. T…
If, after the deadline for filing a statement under ORS 254.085 or 254.095, an electoral district requires a change in the information contained in the statement, the electoral district for which the change is made shall bear the expenses incurred as a result of the change. As used in this section, “electoral district” means the state in the case of a statem…
The governing body of a county shall file with the county clerk each measure referred by the county governing body, including the ballot title for each measure, not later than the 61st day before the date of the election. For each local option tax measure or general obligation bond measure placed on the ballot by a municipal corporation, the county clerk sh…
The county clerk shall number county, city and district measures consecutively and shall not repeat any number in any subsequent election. For each election, the numbers assigned shall begin with the number after the last number assigned under this section at the previous election. The measures shall be assigned numbers in the order in which the measures are…
The official primary election ballot shall be styled “Official Primary Nominating Ballot for the _____ Party.” and shall state: The name of the county for which it is intended. The date of the primary election. The names of all candidates for nomination at the primary election whose nominating petitions or declarations of candidacy have been made and file…
The names of candidates for a nonpartisan office at a nominating election held on the date of the primary election shall be listed without political party designation on a nominating ballot under the title, and department or position number if any, of the office. At the primary election or general election: The names of candidates who are opposed for nomin…
The official general or special election ballot shall be styled “Official Ballot” and shall state: The name of the county for which it is intended. The date of the election. The names of all candidates for offices to be filled at the election whose nominations have been made and accepted and who have not died, withdrawn or become disqualified. The ballot …
Except as provided in paragraph (b) of this subsection, the names of candidates for nomination for or election to each office shall be arranged on the ballot in the order determined under ORS 254.155. The names of candidates for the offices of President and Vice President of the United States shall be arranged in groups. Except as provided in ORS 254.125 a…
Not later than the 69th day before the date of any election the Secretary of State shall complete a random ordering of the letters of the alphabet. Not later than the 68th day before the date of any election the Secretary of State shall mail or deliver to each county clerk a copy of the random ordering of the letters of the alphabet. The county clerk shall…
If the filing officer determines that a candidate has died, withdrawn or become disqualified, or that the candidate will not qualify in time for the office if elected, the name of the candidate may not be printed on the ballots or, if ballots have already been printed, the ballots must be reprinted without the name of the candidate before the ballots are del…
In lieu of printing the complete ballot title of any measure, other than a state measure, the county clerk may print the caption and the question of the ballot title and the measure number on the ballot. In lieu of printing the complete ballot title and financial estimates of any state measure to be initiated or referred, the county clerk may print the capt…
The county clerk shall print or furnish all the required ballots and shall provide them for use by electors in the county. Only ballots printed or furnished under this section may be used in an election.
Official ballots shall be printed in black ink upon good quality material. The governing body of a city, county or district may mail sample ballots to all electors within the city, county or district to assist the electors’ preparation for voting.
Not later than seven days before an election in which voting machines or vote tally systems are used, the county clerk shall: Conduct a preparatory test of the machine and system for logic and accuracy to ensure that each ballot format, where appropriate, correctly tallies ballots in each electoral contest by precinct; and Conduct a public certification te…
At any election in which the question of establishing or changing the exterior boundaries of a county or city is submitted to a vote, the county clerk shall: Include with every mailed ballot a map indicating the proposed boundaries; or Print in a voters’ pamphlet prepared for the election a map indicating the proposed boundaries.
VOTING
An elector is not qualified or permitted to vote at any primary election for any candidate of a major political party, and it is unlawful for the elector to offer to do so, unless: The elector is registered as being affiliated with one of the major political parties nominating or electing its candidates for public office at the primary election; or The ele…
The county clerk shall maintain: A monthly registration record of all electors registered as not being affiliated with any political party; At each primary election, a record of the number of electors who voted from each major political party; A record of all electors registered as not being affiliated with any political party who vote in a primary electi…
A ballot shall be considered legally cast if the person casting the ballot is an elector at the time the ballot is cast. A vote for a particular candidate or on a measure shall be counted if the elector is qualified to vote for the particular candidate or on the measure. If an elector has voted in any election, the elector may not register or update a regi…
In each election, an elector has the right to cast the elector’s ballot in a confidential manner, with no other person knowing how the elector voted in the election. The Secretary of State or county clerk may not disclose as a public record under ORS 192.311 to 192.478 any information that would reveal how a particular elector voted in an election. As used…
A person offering to vote and who claims to be an elector, but for whom no evidence of active or inactive registration can be found, shall be granted the right to vote in the manner provided in this section. Whenever an elector updates a registration at a county clerk’s office after the ballots have been mailed under ORS 254.470, the elector shall vote in t…
Any elector whose name has been changed may vote once in the county in which the elector is registered under the elector’s former name. Following the election, the registration of the elector shall be considered inactive. The provisions of ORS 247.281 apply to an elector whose registration becomes inactive under this section. In order to vote at subsequent…
The county clerk, an elections official or any elector shall challenge the ballot of any person offering to vote whom the clerk, official or elector knows or suspects not to be qualified as an elector. The clerk, official or elector challenging the ballot shall make, under oath or affirmation before a county clerk or other elections official, a written and …
Whenever any person offers to vote a ballot challenged under ORS 254.415, the county clerk shall ensure that the ballot offered by the person includes the number of the written statement of challenge so that the ballot may be identified in any future contest of the election. The county clerk shall examine the challenge and determine if the person is validly…
If a ballot is challenged because it is returned in an unsigned return identification envelope or because the signature of an elector on a return identification envelope does not match the signature in the voter registration record for the elector, the county clerk shall mail to the elector a notice that describes the nature of the challenge. The Secretary o…
If an elector is within the county and, because of a physical disability or an inability to read or write, is unable to mark the ballot, the elector may request and shall receive the assistance of two persons of different parties provided by the clerk or of some other person chosen by the elector in marking the ballot. The persons assisting the elector shall…
Notwithstanding any provision of ORS 254.470: A county clerk may apply to the Secretary of State for approval of any procedure to be used in lieu of the secrecy envelope procedures described in ORS 254.470; and Upon receiving an application under paragraph (a) of this subsection, the secretary may approve a procedure to be used in lieu of the secrecy envel…
County clerks shall conduct all elections in this state by mail. The Secretary of State shall adopt rules to: Provide for uniformity in the conduct of state elections by mail; and Govern the procedures for conducting elections by mail.
The Secretary of State by rule shall establish requirements and criteria for the designation of places of deposit for the ballots cast in an election. The rules shall also specify the dates and times the places of deposit must be open and the security requirements for the places of deposit. At a minimum, the places designated under this section shall be open…
Notwithstanding ORS 171.185, 203.085, 221.230, 221.621, 254.056, 254.470, 254.655, 255.335, 255.345, 258.075, 545.135 and 568.520, the Governor by written proclamation may extend the deadline for returning ballots in any state, county, city or district election if the Governor receives a written request for the extension from the Secretary of State. The secr…
The county clerk shall provide, at any location where ballots are issued, at least three suitable compartments, shelves or tables at which electors may mark their ballots. The arrangement of the compartments, shelves or tables shall ensure that the elector may conveniently mark the ballot with absolute secrecy. The compartments, shelves or tables shall be av…
Except as provided in subsection (2) of this section, for each election held in this state, electors shall be provided with a return identification envelope that may be returned by business reply mail. The state shall bear the cost of complying with this subsection. The Secretary of State may require that the return identification envelopes provided to elec…
At each primary election and general election, the county clerk shall maintain voting booths in the county as follows: In each county with 35,000 or more electors in the county, the county clerk shall maintain a number of voting booths equal to at least one voting booth for every 20,000 electors in the county; and In each county with fewer than 35,000 elec…
The county clerk may employ personnel as necessary to open envelopes, handle ballots, prepare ballots for counting and count ballots. The personnel may not all be members of the same political party. A candidate on the ballot at an election, other than an incumbent candidate for county clerk, or a person who is a member of the household, spouse, domestic par…
Subject to ORS 260.705, upon receipt of ballots, the county clerk may: Begin opening return identification envelopes of ballots and any used secrecy envelopes of ballots; and In accordance with a security plan approved by the Secretary of State under ORS 254.074, begin scanning ballots into a vote tally system. The county clerk may take any other actions …
An elector may obtain a replacement ballot described in ORS 254.470. To vote a replacement ballot, the elector must complete and sign a replacement ballot request form. The request for a replacement ballot may be made electronically, by telephone, in writing, in person or by other means designated by the Secretary of State by rule. The replacement ballot re…
After the date that ballots are mailed as provided in ORS 254.470, the county clerk, if requested, shall permit authorized persons to be at the office of the county clerk to watch the receiving and counting of votes. The authorization shall be in writing, shall be signed by an officer or its county affiliate of a political party, a candidate or the county cl…
Each county clerk is responsible for the safekeeping, disposition and security of all ballots. As soon as practicable after the final day permitted for a contest of the election or for filing a demand for a recount, the county clerk shall destroy all unused ballots.
Ballots may be tallied by a vote tally system or by a counting board. A counting board may tally ballots at the precinct or in the office of the county clerk. In any event, the ballots shall be tallied and returned by precinct. If a counting board has been appointed, the tally of ballots may begin on the date of the election. If ballots are tallied by a co…
To tally ballots by hand, the counting board shall use the tally sheets and two copies of the return sheet. The completed tally and return sheets shall contain: The offices on the ballot; The number and name of each candidate who received a vote; The total number of votes cast for each candidate and each measure voted upon; and The total number of votes…
This section governs the tally of votes cast for persons whose names were not printed on the ballot but are written in by electors. All such write-in votes for each office on the ballot shall be tallied together, except as follows: If the total number of write-in votes for candidates for the same nomination or office equals or exceeds the number of votes ca…
Only official ballots may be counted. Any vote from which it is impossible to determine the elector’s choice for the office or measure may not be counted. An elector may not place on the ballot a sticker bearing the name of a person to vote for a person whose name is not printed on the ballot. Any ballot that has a sticker or other device is void and may not…
Ballots marked “Federal only” may be counted only for the offices for which the elector is entitled to vote. Votes on the ballot for other offices may not be counted.
If a vote tally system is used, the county clerk shall repeat the public certification test described under ORS 254.235 (1) for the vote tally system used to conduct the election. The test shall be conducted after all the ballots are tallied but before the final results of the election are certified or before the vote tally system is shut down. The test may …
At each primary election, general election and special election, the county clerk shall make a determination on whether to conduct: A hand count of ballots as described in this section and compare the tally of votes for those ballots produced by a vote tally system with the tally of votes for those ballots produced by the hand count; or A risk-limiting aud…
As used in this section: “Incorrect election outcome” means an election outcome that differs from the election outcome that would result from an accurate hand count of all validly cast ballots. “Risk” means the probability that an audit procedure would fail to detect an incorrect election outcome. “Risk limit” means the largest acceptable risk. “Risk-lim…
Except as provided in subsection (3) of this section, each tally sheet, return sheet, record relating to a risk-limiting audit conducted under ORS 254.532, record relating to a hand count of ballots conducted under ORS 254.529 and ballot return identification envelope shall be preserved for two years after the election to which it relates. Except as provide…
Subject to ORS 254.548, the county clerk: As soon as possible after any election, shall prepare abstracts of votes. The abstract for election of Governor shall be on a sheet separate from the abstracts for other offices and measures. On completion of the abstracts, shall record a complete summary of votes cast in the county for each office, candidate for o…
In the case of a recall election held on a date other than the date of the primary election or general election, the county clerk shall prepare an abstract of the votes and deliver it to the elections official authorized to order the recall election not later than the 27th day after the election. Except as provided in subsection (3) of this section, for pur…
An individual nominated or elected to a public office by write-in votes shall sign and file a form indicating that the individual accepts the nomination or office before the filing officer may issue a certificate of nomination or election. The Secretary of State by rule shall prescribe the form to be used under this section. In the case of an individual nom…
Except as provided in ORS 254.548 or as necessary to comply with federal law concerning the issuance of a certificate of ascertainment of presidential electors, not later than the 37th day after any election, the Secretary of State, regarding offices for which the secretary receives filings for nomination, shall: Canvass the votes for the offices, except th…
Subject to ORS 254.548, the chief city elections officer: After the primary election, shall enter in a register of nominations: The name of each candidate for city office nominated at the primary election. The office for which the candidate is nominated. If applicable, the name of the major political party nominating the candidate. The date of the entry…
When a candidate elected to public office is required by law to take, file, subscribe or indorse an oath of office before entering upon the duties of the office, the candidate shall not take, file, subscribe or indorse the oath until the candidate has been granted a certificate of election.
When two or more candidates for the same office, after a full recount of votes, have an equal and the highest number of votes: For election to state Senator or Representative, a party office, or a public office for which the elections officer is other than the Secretary of State, the elections officer shall have the candidates meet publicly to decide by lot…
SPECIAL ELECTION IN CASE OF DEATH OF NOMINEE
If the Secretary of State determines that a vacancy exists in the nomination of a candidate of a major political party for state office, that the vacancy is due to the death of the candidate and that the vacancy occurred after the 47th day before the date of the general election: The election for that state office may not be held at the general election; T…
If the Secretary of State determines that a special election is necessary under ORS 254.650, the secretary shall issue an order calling the election. The secretary shall issue the order not later than the fifth business day after the date of the general election. The date of the special election shall be determined by the Secretary of State by rule. The spe…
Notwithstanding ORS 253.065, for a special election called under ORS 254.655, ballots shall be mailed to military or overseas electors not later than the 30th day before the date of the election. County clerks shall make ballots available to other absent electors not later than the 28th day before the date of the special election. Notwithstanding ORS 254.54…
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