Oregon Law
Law as of Jan 1, 2026
Chapter contents
254.005Definitions 254.007[1999 c.410 §39; 2001 c.805 §4; repealed by 2007 c.154 §67] 254.010[Repealed by 1957 c.608 §231] 254.015[1973 c.283 §4; 1977 c.487 §1; repealed by 1979 c.190 §431] 254.016Elections conducted under this chapter 254.020[Repealed by 1957 c.608 §231] 254.025Construction of statutes applicable to primary elections 254.030[Amended by 1957 c.608 §167; 1961 c.80 §1; 1969 c.42 §1; repealed by 1979 c.190 §431] 254.035Time and place of elections for city officers 254.040[Amended by 1957 c.608 §168; 1959 c.177 §2; 1967 c.141 §1; 1969 c.42 §2; repealed by 1973 c.392 §1 (254.042 enacted in lieu of 254.040)] 254.042[1973 c.392 §2 (enacted in lieu of 254.040); 1975 c.627 §1; 1977 c.487 §2; repealed by 1979 c.190 §431] 254.045[1967 c.141 §§3,4; repealed by 1973 c.392 §4] 254.046Expense of city election 254.050[Repealed by 1957 c.608 §231] 254.055[1973 c.481 §2; 1979 c.190 §145; 1979 c.345 §3; renumbered 250.065] 254.056Date and purpose of general election and primary election 254.060[Amended by 1953 c.359 §4; 1957 c.608 §169; 1967 c.364 §1; 1967 s.s. c.3 §1; 1973 c.481 §1; repealed by 1979 c.190 §431] 254.065Person receiving most votes nominated or elected; measure adopted by majority of votes; when measure conflicts 254.068Simulated election for individuals under 18 years of age 254.069[2005 c.593 §2; repealed by 2009 c.798 §1] 254.070[Amended by 1953 c.359 §4; 1957 c.608 §170; 1967 c.634 §7; 1973 c.481 §3; 1977 c.468 §1; repealed by 1979 c.190 §431] 254.071Information regarding ballot format and method of voting ballot 254.073[1967 c.364 §3; 1967 s.s. c.3 §2; 1977 c.468 §2; 1979 c.190 §146; 1979 c.345 §14; renumbered 250.075] 254.074County elections security plan; submission of ballot information to Secretary of State; rules 254.075[1967 c.364 §4; repealed by 1967 s.s. c.3 §4] 254.076Register of candidates for nomination 254.077[1967 c.364 §6; 1967 s.s. c.3 §3; 1973 c.481 §4; 1977 c.468 §3; 1979 c.190 §147; 1979 c.345 §5; renumbered 250.085] 254.080[Amended by 1953 c.359 §4; 1957 c.608 §171; repealed by 1967 c.364 §8] 254.083[1967 c.364 §6; repealed by 1967 s.s. c.3 §4] 254.085Secretary of State’s statement of offices, candidates and measures 254.090[Amended by 1953 c.632 §6; repealed by 1979 c.190 §431] 254.095City elections officers’ statements of offices, candidates and measures 254.098Expenses for change in information filed under ORS 254.085 or 254.095 254.100[Amended by 1953 c.632 §6; 1957 c.608 §172; repealed by 1979 c.190 §431] 254.103Filing of measures referred by county governing body 254.104[1953 c.632 §7; repealed by 1979 c.190 §431] 254.105[1969 c.299 §§1,2; repealed by 1979 c.190 §431] 254.106[1953 c.632 §5; 1957 c.608 §173; repealed by 1979 c.190 §431] 254.107[Formerly 250.070; 1981 c.639 §3; repealed by 1983 c.567 §22] 254.108Numbering county, city and district measures; rules 254.110[Repealed by 1979 c.190 §431] 254.115Contents of official primary election ballot 254.118[1995 c.712 §58; repealed by 1999 c.999 §59] 254.120[Amended by 1957 c.608 §174; 1979 c.317 §12; repealed by 1979 c.190 §431] 254.125Nominating ballot for candidates to nonpartisan office; listing of candidates for judge at primary and general elections; use of term “incumbent.” 254.130[Amended by 1957 c.608 §175; 1959 c.457 §7; 1975 c.766 §5a; 1979 c.317 §13; repealed by 1979 c.190 §431] 254.135Contents of official general or special election ballot 254.140[Amended by 1957 c.608 §176; 1973 c.392 §3; repealed by 1979 c.190 §431] 254.145Arrangement of candidate names and measures on ballot; voting square for elector designation 254.150[Amended by 1979 c.316 §14; repealed by 1979 c.190 §431] 254.155Order of candidate names on ballot 254.160[Amended by 1957 c.608 §177; 1979 c.190 §142; renumbered 250.025] 254.165Adjusting ballot when vacancy occurs; notice to Secretary of State; exception 254.170[Amended by 1957 c.608 §178; repealed by 1979 c.190 §431] 254.175Providing ballot title and financial estimates in lieu of printing on ballot; contents of ballot in recall elections 254.180[Amended by 1953 c.150 §2; 1957 c.608 §179; 1979 c.190 §151; renumbered 250.125] 254.185Printing or furnishing of ballots by county clerk 254.190[Repealed by 1979 c.190 §431] 254.195Ballot printing specifications; sample ballots 254.200[Repealed by 1957 c.608 §231] 254.205[Formerly 250.121; 1989 c.171 §34; 1989 c.773 §1; 1991 c.107 §11; 1995 c.607 §§39,39a; 1999 c.999 §50; repealed by 2007 c.154 §67] 254.210[Amended by 1957 c.608 §180; 1965 c.290 §1; 1973 c.712 §1; 1975 c.766 §19; 1979 c.190 §190; renumbered 251.205] 254.215[Formerly 250.150; 1989 c.503 §15; repealed by 2007 c.154 §67] 254.220[Amended by 1957 c.608 §181; 1965 c.290 §2; repealed by 1973 c.712 §2 (254.222 enacted in lieu of 254.220)] 254.222[1973 c.712 §3 (enacted in lieu of 254.220); 1975 c.766 §20; 1979 c.190 §191; renumbered 251.215] 254.225[1975 c.766 §28; 1979 c.190 §192; renumbered 251.225] 254.226[1979 c.190 §246; 1983 c.514 §13; 1985 c.448 §4; 1985 c.471 §10; 1999 c.410 §51; repealed by 2007 c.154 §67] 254.230[1973 c.712 §4; 1979 c.190 §193; renumbered 251.235] 254.235Testing of voting machines and vote tally systems; notice of test 254.245[Formerly 250.610; 1987 c.707 §19; repealed by 2007 c.154 §67] 254.265[1979 c.190 §249; 1979 c.519 §19a; repealed by 2007 c.154 §67] 254.275[1979 c.190 §250; repealed by 2007 c.154 §67] 254.290[Repealed by 1957 c.608 §231] 254.295[Formerly 250.330; repealed by 2007 c.154 §67] 254.305[Formerly 250.430; 1983 c.83 §29; 1985 c.808 §37; 1989 c.503 §40; 1991 c.436 §3; 1993 c.493 §40; 1993 c.797 §24a; repealed by 1999 c.318 §55] 254.310[Amended by 1957 c.608 §182; 1959 c.457 §8; 1977 c.516 §1; repealed by 1979 c.190 §431] 254.315[Formerly 258.245; repealed by 2007 c.154 §67] 254.320[Amended by 1957 c.608 §183; 1975 c.675 §31b; repealed by 1979 c.190 §431] 254.321Providing map of proposed boundaries for election on establishing or changing county or city boundaries 254.325[Formerly 250.340; 1987 c.72 §1; 1987 c.727 §14; repealed by 2007 c.154 §67] 254.330[Amended by 1957 c.608 §184; repealed by 1979 c.190 §431 and by 1979 c.519 §38] 254.335[Formerly 258.295; repealed by 2007 c.154 §67] 254.340[Amended by 1957 c.608 §185; 1959 c.457 §9; 1979 c.519 §37; repealed by 1979 c.190 §431] 254.345[Formerly 258.305; repealed by 2007 c.154 §67] 254.355[1979 c.190 §258; repealed by 2007 c.154 §67] 254.365Voting at primary election by major party members and nonaffiliated electors 254.370Record of nonaffiliated electors; record of voting in primary election of major political party and in general election 254.375[1979 c.190 §260; repealed by 2007 c.154 §67] 254.385[Formerly 250.645; 1981 c.142 §3; repealed by 2007 c.154 §67] 254.390[1999 c.1002 §3; repealed by 2007 c.154 §67] 254.395[Formerly 250.631; repealed by 2007 c.154 §67] 254.399When ballot considered legally cast; when vote counted; prohibition on voting more than once in same election 254.400Elector right to cast vote in confidential manner; elector vote information not public record; rules 254.405[Formerly 250.655; 1995 c.607 §40; repealed by 2007 c.154 §67] 254.407[1989 c.666 §2; repealed by 1993 c.713 §43] 254.408Procedure for voting by person for whom no evidence of registration is found 254.409[1989 c.666 §3; repealed by 1993 c.713 §43] 254.410[Amended by 1957 c.608 §186; 1977 c.487 §3; repealed by 1979 c.190 §431] 254.411Voting after name change 254.413[2001 c.805 §2; repealed by 2007 c.154 §67] 254.415Challenging ballot of person offering to vote; statement of challenge 254.419[1995 c.607 §83; repealed by 2007 c.154 §67] 254.420[Amended by 1975 c.627 §2; 1977 c.487 §4; 1979 c.190 §138; renumbered 249.875] 254.425[Formerly 250.400; 1983 c.83 §30; repealed by 1991 c.14 §4] 254.426Procedure on challenged ballot 254.430[Repealed by 1973 c.392 §4] 254.431Special procedure for ballots challenged due to failure to sign return envelope or nonmatching signature; public record limitation 254.435[Formerly 250.700; 2007 c.70 §58; repealed by 2007 c.154 §§67,67a] 254.440[Amended by 1975 c.683 §4; 1977 c.487 §5; repealed by 1979 c.190 §431] 254.445Assistance in marking ballot; use of sample ballot as aid in voting 254.450[Amended by 1979 c.190 §137; renumbered 249.870] 254.455[Formerly 250.680; 1995 c.607 §41; repealed by 2007 c.154 §67] 254.458Alternatives to secrecy envelope procedures 254.460[Amended by 1979 c.190 §139; renumbered 249.880] 254.462[1999 c.410 §40; 2003 c.14 §121; repealed by 2007 c.154 §67] 254.465Elections to be conducted by mail; rules 254.470Procedures for conducting election by mail; rules 254.471Extension of deadline for returning ballots in case of emergency 254.472Spaces for marking ballots to be made available 254.473State payment for return of ballots by mail 254.474Voting booths for primary and general elections 254.475[Formerly 250.225; 1987 c.267 §51; 1993 c.713 §35; 1995 c.607 §44; renumbered 254.483 in 1999] 254.476Personnel for counting ballots 254.478Preparation for counting ballots; scanning ballots into vote tally system 254.480Replacement ballots 254.482Persons authorized to watch receiving and counting of votes 254.483Ballot security; destruction of unused ballots 254.485Tally of ballots; rules 254.495Tally and return sheets; counting and tallying ballots 254.500Tally of write-in votes 254.505Ballots to be counted; void ballots; partially void ballots 254.510[Repealed by 1979 c.190 §431] 254.515Counting ballots marked “Federal only.” 254.520[Repealed by 1979 c.190 §431] 254.525Test of vote tally system 254.529Choice of conducting hand recount of ballots or risk-limiting audit; procedures for hand recount 254.530[Amended by 1957 c.608 §187; repealed by 1979 c.190 §431] 254.532Risk-limiting audit; procedures; rules 254.535Preservation of certain materials; retention of records 254.540[Repealed by 1979 c.190 §431] 254.545Duties of county clerk after election 254.546Duties of county clerk after recall election; official declaration of result of recall election 254.548Individual nominated or elected by write-in votes; form; rules 254.550[Repealed by 1979 c.190 §431] 254.555Duties of Secretary of State after election; Governor’s proclamation 254.560[Repealed by 1979 c.190 §431] 254.565Duties of city elections officer after election 254.568Certificate of election required before taking oath of office 254.570[Repealed by 1979 c.190 §431] 254.575Procedure when tie vote 254.580[Amended by 1957 c.608 §188; 1979 c.190 §378; renumbered 260.575] 254.590[Amended by 1979 c.190 §377; renumbered 260.565] 254.600[Amended by 1975 c.683 §5; 1977 c.178 §1; 1979 c.190 §379; 1979 c.519 §28; renumbered 260.585] 254.650Special election in case of death of nominee of major political party within 47 days of general election 254.655Order calling special election; date 254.660Conduct of special election; rules 254.990[Repealed by 1979 c.190 §431]

Chapter 254 — Conduct of Elections

ORS 254.575 Procedure when tie vote

When two or more candidates for the same office, after a full recount of votes, have an equal and the highest number of votes:

(1)

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 who is elected.

(2)

For election to a public office other than Governor or those referred to in subsection (1) of this section, the Secretary of State by proclamation shall order a new election to fill the office.

(3)

For election to Governor, the Legislative Assembly at the beginning of the next regular session shall meet jointly and elect one of the candidates.

(4)

For nomination by one major political party to an office, the elections officer who receives filings for nomination to the office shall have the candidates meet publicly to decide by lot who is nominated.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.