Oregon Law
Law as of Jan 1, 2026
Chapter contents
249.002Definitions 249.004Verification of documents 249.005Acceptance of petition or minutes without original signatures 249.006Official dating of petitions and declarations; certain information to be made publicly available on website 249.007[1985 c.508 §4; repealed by 1995 c.607 §91] 249.008Verification of signatures by county clerk or Secretary of State; removal of signatures prohibited after submittal; rules 249.009Exclusive form of signature sheets for petitions; numbering of signature sheets; rules 249.010[Repealed by 1957 c.608 §231] 249.011[1957 c.608 §65(1); repealed by 1979 c.190 §431] 249.012Preservation of certain records 249.013Candidacy for more than one office; effect of filing petition or declaration for more than one office without prior withdrawal; district board and city offices 249.014[1961 c.64 §2; 1971 c.749 §76; 1979 c.190 §95; renumbered 249.004] 249.015[1979 c.190 §101; 1983 c.514 §6; repealed by 2005 c.797 §73] 249.016Nomination of candidates of major political party or for nonpartisan office 249.020Filing of candidates’ nominating petition or declaration of candidacy 249.021Candidate and public office holder residence address; exceptions; rules 249.023Nomination of major political party candidates who attain age of 18 years after deadline for filing nominating petition or declaration of candidacy 249.025[1973 c.283 §2; repealed by 1979 c.190 §431] 249.030[Repealed by 1957 c.608 §231] 249.031Contents of petition or declaration 249.035Designated filing officer by specified office 249.037Time for filing petition or declaration 249.040[Repealed by 1957 c.608 §231] 249.041[1957 c.608 §69; 1975 c.779 §19; 1979 c.190 §113; renumbered 249.068] 249.042Declaration or petition as evidence of candidacy 249.046Party membership required for nomination of party; effect of inactive registration; exceptions 249.048Unsuccessful candidate not eligible as candidate 249.050[Repealed by 1957 c.608 §231] 249.051[1957 c.608 §70; 1979 c.190 §115; renumbered 249.076] 249.052Determination of inhabitancy of candidate for Legislative Assembly; verification of residence 249.055[1957 c.608 §71; 1959 c.177 §1; 1977 c.508 §4; 1979 c.190 §97; renumbered 249.008] 249.056Filing fees 249.060[Amended by 1957 c.608 §72; 1971 c.749 §77; 1973 c.827 §24c; 1979 c.190 §106; renumbered 249.037] 249.061One candidate per petition; prospective petition; statement regarding payment of petition circulators; certification of signature sheets 249.064Information required on petition; certification of petition 249.068Requirements regarding number and distribution of persons signing partisan petitions 249.070[1957 c.608 §73; 1979 c.190 §231; renumbered 254.076] 249.072Requirements regarding number and distribution of persons signing nonpartisan petitions 249.076Qualifications of signers of petitions 249.078Printing name of candidate for presidential nomination of major party on ballot; discretion of Secretary of State; nominating petition; petition requirements 249.080[Repealed by 1957 c.608 §231] 249.085[1979 c.190 §117; 1979 c.451 §4; 1979 c.587 §2; 1985 c.808 §14; repealed by 1989 c.218 §4] 249.088Nomination or election of candidate at nominating election 249.090[Amended by 1957 c.608 §74; 1975 c.766 §5; 1977 c.829 §6; repealed by 1979 c.190 §431] 249.091Nomination of certain nonpartisan candidates or candidates to fill a vacancy in nonpartisan office 249.100[Amended by 1975 c.675 §11; repealed by 1979 c.190 §431] 249.110[Amended by 1957 c.608 §75; 1961 c.121 §1; 1975 c.675 §12; repealed by 1979 c.190 §431] 249.120[Repealed by 1957 c.608 §231] 249.130[1967 c.126 §3; 1979 c.190 §96; renumbered 249.006] 249.150[Formerly 249.280; 1973 c.827 §24d; 1975 c.675 §13; repealed by 1979 c.190 §431] 249.160[1967 c.126 §§2,4; 1979 c.190 §119; 1987 c.267 §19; repealed by 1995 c.607 §91] 249.170Withdrawal of candidacy; refund of filing fee 249.180Withdrawal of candidacy by nominee 249.190Filling vacancy in nomination of major party; rules 249.200Nomination by major party to fill vacancy in partisan office; exceptions; rules 249.205Filling vacancy in nomination to nonpartisan office; nomination procedure to fill vacancy in nonpartisan office; rules 249.210[Amended by 1957 c.608 §76; 1975 c.675 §14; 1975 c.779 §20a; repealed by 1979 c.190 §431] 249.215Filling vacancy in state office at general election; remaining term of office 249.220[Repealed by 1957 c.608 §231] 249.221[1957 c.608 §78; 1961 c.336 §2; 1961 c.667 §6; 1969 c.245 §2; 1975 c.779 §21; repealed by 1979 c.190 §431] 249.230[Repealed by 1957 c.608 §231] 249.240[Repealed by 1957 c.608 §231] 249.250[Repealed by 1957 c.608 §231] 249.260[Amended by 1957 c.608 §79; 1971 c.749 §78; repealed by 1979 c.190 §431] 249.270[Repealed by 1957 c.608 §231] 249.271[1957 c.608 §80; 1973 c.152 §1; 1975 c.779 §22; 1977 c.665 §9; 1979 c.190 §110; renumbered 249.056] 249.280[Amended by 1957 c.608 §81; 1961 c.76 §1; renumbered 249.150] 249.310[Repealed by 1979 c.190 §431] 249.320[Amended by 1957 c.608 §87; repealed by 1979 c.190 §431] 249.330[Amended by 1955 c.726 §7; repealed by 1957 c.608 §231] 249.340[Amended by 1965 c.417 §1; repealed by 1979 c.190 §431] 249.350[Amended by 1957 c.608 §88; 1961 c.121 §2; repealed by 1979 c.190 §431] 249.352[Formerly 249.530; 1961 c.121 §3; repealed by 1979 c.190 §431] 249.354[Formerly 249.550; 1963 c.174 §1; subsection (7) enacted as 1967 c.26 §2; 1969 c.245 §3; 1973 c.154 §2; 1975 c.779 §23; 1977 c.508 §5; 1979 c.190 §235; 1979 c.409 §1; renumbered 254.115] 249.356[1957 c.608 §103; 1961 c.68 §1; 1975 c.675 §15; repealed by 1979 c.190 §431] 249.358[Formerly 249.540; 1961 c.74 §1; 1967 c.340 §1; repealed by 1979 c.190 §431] 249.360[Repealed by 1957 c.608 §231] 249.362[Formerly 249.570; 1979 c.190 §239; renumbered 254.155] 249.364[Formerly 249.580; 1979 c.190 §388; renumbered 260.675] 249.366[Formerly 249.510; 1979 c.190 §259; renumbered 254.365] 249.367[1969 c.101 §3; 1977 c.829 §7; repealed by 1979 c.190 §431] 249.368[Formerly 249.600; 1959 c.390 §1; 1961 c.170 §1; 1969 c.101 §1; repealed by 1979 c.190 §431] 249.369[1957 c.608 §107; 1961 c.114 §10; 1977 c.352 §3; repealed by 1979 c.190 §431] 249.370[Amended by 1957 c.608 §89; repealed by 1979 c.190 §431] 249.375[1963 c.345 §§2,3; repealed by 1979 c.190 §431] 249.380[Amended by 1957 c.608 §90; 1961 c.139 §1; repealed by 1979 c.190 §431] 249.385[1963 c.337 §2; repealed by 1979 c.190 §431] 249.390[Repealed by 1957 c.608 §231] 249.400[Amended by 1955 c.498 §12; repealed by 1957 c.608 §231] 249.410[Amended by 1957 c.608 §91; repealed by 1979 c.190 §431] 249.420[Amended by 1957 c.608 §92; 1979 c.190 §109; renumbered 249.048] 249.430[Amended by 1957 c.608 §93; repealed by 1979 c.190 §431] 249.440[Amended by 1957 c.608 §94; repealed by 1979 c.190 §431] 249.450[Amended by 1957 c.608 §95; repealed by 1979 c.190 §431] 249.460[Amended by 1957 c.608 §96; 1969 c.81 §1; 1975 c.675 §16; repealed by 1979 c.190 §431] 249.470[Amended by 1957 c.608 §97; 1975 c.675 §17; repealed by 1979 c.190 §431] 249.480[Amended by 1957 c.608 §98; 1975 c.675 §18; repealed by 1979 c.190 §431] 249.490[Repealed by 1957 c.608 §231] 249.491[1957 c.608 §99; 1979 c.190 §278; renumbered 254.565] 249.505[1971 c.29 §3; repealed by 1973 c.125 §1] 249.510[Amended by 1957 c.608 §100; renumbered 249.366] 249.515[1971 c.29 §4; repealed by 1973 c.125 §1] 249.520[Repealed by 1957 c.608 §231] 249.525[1971 c.29 §5; repealed by 1979 c.190 §431] 249.530[Amended by 1957 c.608 §101; renumbered 249.352] 249.535[1971 c.29 §6; repealed by 1973 c.125 §1] 249.540[Amended by 1957 c.608 §102; renumbered 249.358] 249.545[1971 c.29 §2; repealed by 1979 c.190 §431] 249.550[Amended by 1957 c.608 §104; renumbered 249.354] 249.560[Repealed by 1957 c.608 §231] 249.570[Amended by 1957 c.608 §105; renumbered 249.362] 249.580[Amended by 1957 c.608 §106; renumbered 249.364] 249.590[Repealed by 1957 c.608 §231] 249.600[Amended by 1957 c.608 §108; renumbered 249.368] 249.610[Repealed by 1957 c.608 §231] 249.640[1975 c.779 §24; 1977 c.829 §8; repealed by 1979 c.190 §431] 249.650[1957 c.608 §82; repealed by 1975 c.799 §28] 249.652[1973 c.527 §5; repealed by 1975 c.799 §28] 249.654[1973 c.527 §§6,7,8; 1975 c.779 §25; 1979 c.190 §394; renumbered 188.120] 249.655[1957 c.608 §83; repealed by 1973 c.527 §10] 249.656[1973 c.527 §9; repealed by 1975 c.799 §28] 249.660[1957 c.608 §84; 1973 c.773 §6; repealed by 1975 c.799 §28] 249.665[1957 c.608 §85; 1973 c.773 §7; repealed by 1975 c.799 §28] 249.670[1957 c.608 §86; repealed by 1975 c.799 §28] 249.680[1961 c.73 §2; 1975 c.779 §26; 1979 c.190 §121; renumbered 249.180] 249.705Nomination by other than major party 249.710[Amended by 1957 c.608 §109; 1963 c.176 §1; 1977 c.829 §9; repealed by 1979 c.190 §431] 249.712Acceptance of nomination 249.715[1977 c.324 §2; 1979 c.190 §130; renumbered 249.735] 249.720Information to be contained in certificate of nomination 249.722Time for filing certificate; filing officers; rules 249.730[Amended by 1957 c.608 §111; 1963 c.176 §2; 1977 c.324 §3; repealed by 1979 c.190 §431] 249.732[1979 c.190 §129; 1983 c.756 §6; 1989 c.923 §28; repealed by 1993 c.493 §113 and 1993 c.797 §33] 249.735Qualification as assembly of electors; records; notice; nomination by assembly 249.737Filing officer for nomination by assembly of electors 249.740Certificates of nomination made by individual electors; statement regarding payment of petition circulators; certification of signature sheets 249.750[Amended by 1957 c.608 §113; 1979 c.190 §100; renumbered 249.013] 249.760[Amended by 1979 c.190 §126; renumbered 249.712] 249.770[Amended by 1957 c.608 §114; 1971 c.749 §79; 1977 c.324 §4; repealed by 1979 c.190 §431] 249.780[Amended by 1957 c.608 §115; 1961 c.49 §2; 1971 c.749 §80; 1977 c.324 §5; repealed by 1979 c.190 §431] 249.790[Amended by 1977 c.829 §11; repealed by 1979 c.190 §431] 249.810Entries in register of nominations upon filing certificates 249.820[Repealed by 1979 c.190 §431] 249.830Procedure for withdrawing nomination 249.840[Amended by 1957 c.608 §118; repealed by 1979 c.190 §431] 249.842Filling vacancy in nomination; rules 249.850Filing of certificate to fill vacancy in nomination; notifying proper officials to make changes in general election ballots 249.860[1963 c.176 §4; repealed by 1979 c.190 §431] 249.865Filing prospective petition; contents of petition; statement regarding payment of petition circulators; certification of signature sheets; effect of violation 249.870Number of signers on recall petition 249.875Time for completing filing; verification of signatures 249.876Removal of signature after petition submitted for verification 249.877Statement of justification by public officer 249.880[Formerly 254.460; 1985 c.808 §23; repealed by 1987 c.210 §3] 249.990[Repealed by 1979 c.190 §431]

Chapter 249 — CANDIDATES; RECALL

ORS 249.088 Nomination or election of candidate at nominating election

(1)

Except as provided in ORS 249.091, at the nominating election held on the date of the primary election:

(a)

Unless a candidate for nonpartisan office receives a majority of the votes cast for the office, the two candidates who receive the highest number of votes are nominated.

(b)

If a candidate for nonpartisan office receives a majority of votes cast for the office, that candidate is elected.

(2)

The application of this section is subject to the provisions of a home rule charter.

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Online copy of the published ORS edition

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Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.