ORS Chapter 254

Chapter 254 — Conductof Elections

 

2009 EDITION

 

CONDUCTOF ELECTIONS

 

ELECTIONS

 

GENERALPROVISIONS

 

254.005     Definitions

 

254.016     Electionsconducted under this chapter

 

254.025     Constructionof statutes applicable to primary elections

 

254.035     Timeand place of elections for city officers

 

254.046     Expenseof city election

 

254.056     Dateand purpose of general election and primary election

 

254.065     Personreceiving most votes nominated or elected; measure adopted by majority ofvotes; when measure conflicts

 

254.068     Simulatedelection for individuals under 18 years of age

 

254.071     Informationregarding ballot format and method of voting ballot

 

254.074     Countyelections security plan

 

PREPARATORYPROCEDURES

 

254.076     Registerof candidates for nomination

 

254.085     Secretaryof State’s statement of offices, candidates and measures

 

254.095     Cityelections officers’ statements of offices, candidates and measures

 

254.098     Expensesfor change in information filed under ORS 254.085 or 254.095

 

254.103     Filingof measures referred by county governing body

 

254.108     Numberingcounty, city and district measures; rules

 

254.115     Officialprimary election ballot

 

254.125     Nominatingballot for candidates to nonpartisan office; listing of candidates for judge atprimary and general elections; use of term “incumbent”

 

254.135     Officialgeneral or special election ballots

 

254.145     Designand contents of official ballots

 

254.155     Orderof candidate names on ballot

 

254.165     Adjustingballot when vacancy occurs; notice to Secretary of State; exception

 

254.175     Providingballot title and financial estimates in lieu of printing on ballot; ballot inrecall elections

 

254.185     Printingor furnishing of ballots by county clerk

 

254.195     Ballotspecifications

 

254.235     Testingof voting machines and vote tally systems; notice of test

 

254.321     Providingmap of proposed boundaries for election on establishing or changing county orcity boundaries

 

VOTING

 

254.365     Votingat primary election by major party members and nonaffiliated electors

 

254.370     Recordof nonaffiliated electors; record of voting in primary election of majorpolitical party and in general election

 

254.408     Procedurefor voting by person for whom no evidence of registration is found

 

254.411     Votingafter name change

 

254.415     Challengingballot of person offering to vote; statement of challenge

 

254.426     Procedureon challenged ballot

 

254.445     Assistancein marking ballot; use of sample ballot as aid in voting

 

254.458     Alternativesto secrecy envelope procedures

 

254.465     Electionsto be conducted by mail; rules

 

254.470     Proceduresfor conducting election by mail; rules

 

254.471     Extensionof deadline for returning ballots in case of emergency

 

254.472     Compartmentsfor marking ballots

 

254.474     Votingbooths for primary and general elections

 

254.476     Personnelfor counting ballots

 

254.478     Preparationfor counting ballots; scanning ballots into vote tally system

 

254.480     Replacementballots

 

254.482     Personsauthorized to watch receiving and counting of votes

 

POST-ELECTIONPROCEDURES

 

254.483     Proceduresafter 8 p.m. on election day; unused ballots

 

254.485     Tallyof ballots; test of vote tally system

 

254.495     Tallyand return sheets; counting and tallying ballots

 

254.500     Tallyof write-in votes

 

254.505     Ballotsto be counted; void ballots; partially void ballots

 

254.515     Countingballots marked “Presidential only”

 

254.525     Testof vote tally system

 

254.529     Handcount of ballots at general election; comparison with tally of vote tallysystem; procedures

 

254.535     Preservationof certain materials; retention of records

 

254.545     Dutiesof county clerk after election

 

254.546     Dutiesof county clerk after recall election; official declaration of result of recallelection

 

254.548     Individualnominated or elected by write-in votes; form; rules

 

254.555     Secretaryof State’s duties after election; Governor’s proclamation

 

254.565     Dutiesof city elections officer after election

 

254.568     Certificateof election required before taking oath of office

 

254.575     Procedurewhen tie vote

 

SPECIALELECTION IN CASE OF DEATH OF NOMINEE

 

254.650     Specialelection in case of death of nominee of major political party within 47 days ofgeneral election

 

254.655     Ordercalling special election; date

 

254.660     Conductof special election; rules

 

GENERALPROVISIONS

 

      254.005Definitions.As used in this chapter:

      (1)“Ballot” means any material on which votes may be cast for candidates ormeasures. In the case of a recall election, “ballot” includes material postedin a voting compartment or delivered to an elector by mail.

      (2)“Chief elections officer” means the:

      (a)Secretary of State, regarding a candidate for a state office or an office to bevoted on in the state at large or in a congressional district, or a measure tobe voted on in the state at large.

      (b)County clerk, regarding a candidate for a county office, or a measure to bevoted on in a county only.

      (c)City clerk, auditor or recorder, regarding a candidate for a city office, or ameasure to be voted on in a city only.

      (3)“County clerk” means the county clerk or the county official in charge ofelections.

      (4)“Elector” means an individual qualified to vote under section 2, Article II,Oregon Constitution.

      (5)“Major political party” means a political party that has qualified as a majorpolitical party under ORS 248.006.

      (6)“Measure” includes any of the following submitted to the people for theirapproval or rejection at an election:

      (a)A proposed law.

      (b)An Act or part of an Act of the Legislative Assembly.

      (c)A revision of or amendment to the Oregon Constitution.

      (d)Local, special or municipal legislation.

      (e)A proposition or question.

      (7)“Minor political party” means a political party that has qualified as a minorpolitical party under ORS 248.008.

      (8)“Nonpartisan office” means the office of judge of the Supreme Court, Court ofAppeals, circuit court or the Oregon Tax Court, Superintendent of PublicInstruction, Commissioner of the Bureau of Labor and Industries, any electedoffice of a metropolitan service district under ORS chapter 268, justice of thepeace, county clerk, county assessor, county treasurer, county judge whoexercises judicial functions, sheriff, district attorney or any officedesignated nonpartisan by a home rule charter.

      (9)“Prospective petition” means the information, except signatures and otheridentification of petition signers, required to be contained in a completedpetition.

      (10)“Regular district election” means the election held each year for the purposeof electing members of a district board as defined in ORS 255.005 (2).

      (11)“Vote tally system” means one or more pieces of equipment necessary to examineand tally automatically the marked ballots.

      (12)“Voting machine” means any device that will record every vote cast oncandidates and measures and that will either internally or externally total allvotes cast on that device. [1979 c.190 §224; 1983 c.392 §5; 1983 c.567 §15;1985 c.324 §2; 1987 c.707 §16; 1993 c.493 §95; 1995 c.92 §5; 1995 c.107 §2;1995 c.607 §79; 1999 c.410 §43; 2001 c.430 §2; 2005 c.731 §4; 2005 c.797 §67;2007 c.154 §19; 2009 c.491 §7]

 

      254.007 [1999 c.410 §39;2001 c.805 §4; repealed by 2007 c.154 §67]

 

      254.010 [Repealed by1957 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. Any primary election, general electionor special election held in this state shall be conducted under the provisionsof this chapter, unless specifically provided otherwise in the statute laws ofthis state. [1979 c.190 §225; 1983 c.350 §69a; 1995 c.712 §51; 1999 c.999 §45]

 

      254.020 [Repealed by1957 c.608 §231]

 

      254.025Construction of statutes applicable to primary elections. (1) Statutesapplicable to primary elections shall be construed as though the primaryelections are separate elections for each major political party nominatingcandidates.

      (2)The primary elections shall be conducted as nearly as possible according to thetheory expressed in the preamble to chapter 1, Oregon Laws 1905. [1979 c.190 §226;1987 c.267 §37; 1995 c.712 §53; 1999 c.999 §46]

 

      254.030 [Amended by1957 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. (1) It is theintention of the Legislative Assembly to carry out the provisions of section14a, Article II, Oregon Constitution.

      (2)All elections for city officers shall be held at the same time and place aselections for state and county officers. Unless a city charter or ordinanceprovides otherwise, the ballots used for state and county elections, if thecounty clerk considers it practicable, shall be arranged to include cityoffices and measures. [Formerly 250.230; 2007 c.154 §20]

 

      254.040 [Amended by1957 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 1979c.190 §431]

 

      254.045 [1967 c.141 §§3,4;repealed by 1973 c.392 §4]

 

      254.046Expense of city election. If a city holds a special election on a date otherthan the primary election or general election, it shall bear the expense of theelection. [1979 c.190 §228; 1987 c.267 §38; 1995 c.712 §52]

 

      254.050 [Repealed by1957 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. (1) The generalelection shall be held on the first Tuesday after the first Monday in Novemberof each even-numbered year. Except as provided in ORS 254.650, at the generalelection officers of the state and subdivisions of the state, members ofCongress and