ORS 254.485 Tally of ballots; 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 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.