ORS 254.485 Tally of ballots; test of vote tally system; rules

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 vote tally system is used, the county clerk shall repeat the public certification test described under ORS 254.235 (1). The test shall be conducted immediately prior to scanning any ballots. The test may be observed by persons described in ORS 254.235 (2). The county clerk shall certify the results of the test.

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 counting board, after the tally has begun it shall continue until completed. Except as provided in paragraph (b) of this subsection, a counting board shall tally without adjournment and in the presence of the clerks and persons authorized to attend.

A counting board may be relieved by another board if the tally is not completed after 12 hours.

A counting board shall audibly announce the tally as it proceeds. The board shall use only pen and ink to tally.

For ballots cast using a voting machine, the county clerk shall:

Enter the ballots cast using the machine into the vote tally system; and

In the event of a recount, provide the paper record copy recorded by the machine to the counting board.

A person other than the county clerk, a member of a counting board or any other elections official designated by the county clerk may not tally ballots under this chapter.

The Secretary of State shall by rule establish a procedure for announcing the status of the tally of the ballots received after the date of the election. Rules adopted under this subsection must:

Consider the number of ballots being released in relation to the size of the district;

Prioritize voter anonymity; and

After prioritizing voter anonymity under paragraph (b) of this subsection, prioritize the importance of timely reporting election results.

chapter 220, Oregon Laws 2023, were referred to the people for their approval or rejection at the regular general election to be held throughout this state on November 5, 2024. If chapter 220, Oregon Laws 2023, is approved by the people, the amendments become operative January 1, 2028, and apply to elections and nominations occurring on or after January 1, 2028. See sections 18, 19 and 20, chapter 220, Oregon Laws 2023. 254.485, as amended by section 11, chapter 220, Oregon Laws 2023, is set forth for the user’s convenience.

Ballots may be tallied by a vote tally system, by a counting board or in the manner determined by the Secretary of State under ORS 246.200. A counting board may tally ballots at the precinct or in the office of the county clerk. Except as otherwise determined by the secretary under ORS 246.200, the ballots shall be tallied and returned by precinct.

If a vote tally system is used, the county clerk shall repeat the public certification test described under ORS 254.235 (1). The test shall be conducted immediately prior to scanning any ballots. The test may be observed by persons described in ORS 254.235 (2). The county clerk shall certify the results of the test.

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 counting board, after the tally has begun it shall continue until completed. Except as provided in paragraph (b) of this subsection, a counting board shall tally without adjournment and in the presence of the clerks and persons authorized to attend.

A counting board may be relieved by another board if the tally is not completed after 12 hours.

A counting board shall audibly announce the tally as it proceeds. The board shall use only pen and ink to tally.

For ballots cast using a voting machine, the county clerk shall:

Enter the ballots cast using the machine into the vote tally system; and

In the event of a recount, provide the paper record copy recorded by the machine to the counting board.

A person other than the Secretary of State, county clerk, a member of a counting board or any other elections official designated by the secretary or county clerk may not tally ballots under this chapter.

The Secretary of State shall by rule establish a procedure for announcing the status of the tally of the ballots received after the date of the election. Rules adopted under this subsection must:

Consider the number of ballots being released in relation to the size of the district;

Prioritize voter anonymity; and

After prioritizing voter anonymity under paragraph

of this subsection, prioritize the importance of timely reporting election results.