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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 23 ELECTIONS
Chapter : Chapter 246 Administration of Election Laws; Vote Recording Systems
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As used in this chapter:
(1) “Ballot” means any material on which votes may be cast for
candidates or measures.
(2) “County clerk” means the county clerk or the county official in
charge of elections.
(3) “County governing body” means the county court sitting for the
transaction of county business or the board of county commissioners.
(4) “Election” means any election held within this state.
(5) “Elector” means an individual qualified to vote under section
2, Article II, Oregon Constitution.
(6) “Governing body” means the governing body of any subdivision of
the state.
(7) “Local elections official” means any person who is:
(a) An official of any election precinct or special district or
public corporation organized for public purposes; and
(b) Authorized or required by law to perform functions in
connection with elections held in the election precinct or special
district or public corporation organized for public purposes.
(8) “Measure” includes any of the following submitted to the people
for their approval 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.
(9) “Precinct” means any election precinct.
(10) “Vote tally system” means one or more pieces of equipment
necessary to examine and tally automatically the marked ballots.
(11) “Voting machine” means any device that will record every vote
cast on candidates and measures and that will either internally or
externally total all votes cast on that device. [1979 c.190 §1; 1983
c.392 §2; 2005 c.731 §1; 2005 c.797 §64]ORS 246.310, 246.320, 246.330, 246.335 and 246.420 apply only
to elections conducted at polling places as provided in ORS chapter 254.
[1999 c.410 §2](1) Except as provided in ORS 247.012, an election
document and an accompanying payment of fees required to be filed with
the Secretary of State, county clerk or other filing officer must be
delivered to and actually received at the office of the designated
officer not later than 5 p.m. of the day the document or fee is due or,
if the day due is a Saturday, Sunday or holiday, on the next business day.
(2) The exception to subsection (1) of this section is, when at 5
p.m. an individual is physically present in the office of the designated
officer and in line waiting to deliver a document, the individual shall
be considered as having begun the act of delivering the document and
shall be permitted to file it.
(3) Any election document required to be filed with the filing
officer other than ballots, voter registration cards or petitions
requiring signatures of electors may also be filed by means of an
electronic facsimile transmission machine. If an election document is
required to be filed by a specified time, the entire document must be
received in the office of the filing officer not later than 5 p.m. of the
day the document is due or, if the day due is a Saturday, Sunday or
holiday, on the next business day.
(4) Notwithstanding any provision of subsections (1) to (3) of this
section, if a statement is required to be filed in an electronic format
under ORS 260.159:
(a) The statement must be received in an electronic format at the
office of the Secretary of State not later than 5 p.m. of the day the
statement is due or, if the day due is a Saturday, Sunday or holiday, on
the next business day; and
(b) The Secretary of State shall not accept the filing of the
statement in any form other than an electronic format.
(5) As used in this section, “election document” includes, but is
not limited to, a declaration of candidacy for nomination for public or
political party office, completed nominating petitions, statements and
portraits for voters’ pamphlets, statements of election campaign
contributions and expenditures, and initiative, referendum or recall
petitions. [Formerly 246.510; 1967 c.228 §1; 1979 c.190 §2; 1991 c.719
§4; 1993 c.713 §27; 1999 c.824 §9]Note: The amendments to 246.021 by section 46, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user’s convenience.246.021. (1) Except as provided in ORS 247.012 and subsection (2)
of this section, an election document and an accompanying payment of fees
required to be filed with the Secretary of State, county clerk or other
filing officer must be delivered to and actually received at the office
of the designated officer not later than 5 p.m. of the day the document
or fee is due or, if the day due is a Saturday, Sunday or holiday, on the
next business day.
(2) If, at 5 p.m. of the day an election document is due, an
individual is physically present in the office of the secretary, county
clerk or other filing officer and in line waiting to deliver the
document, the individual is considered to have begun the act of
delivering the document and is permitted to file it.
(3) Any election document required to be filed with the filing
officer other than ballots, voter registration cards or petitions
requiring signatures of electors may also be filed by means of an
electronic facsimile transmission machine. If an election document is
required to be filed by a specified time, the entire document must be
received in the office of the filing officer not later than 5 p.m. of the
day the document is due or, if the day due is a Saturday, Sunday or
holiday, on the next business day.
(4) Notwithstanding any provision of subsections (1) to (3) of this
section, if a statement is required to be filed electronically under ORS
260.057:
(a) The statement must be received electronically at the office of
the Secretary of State not later than 5 p.m. of the day the statement is
due or, if the day due is a Saturday, Sunday or holiday, on the next
business day; and
(b) The Secretary of State may not accept the filing of the
statement in any form other than an electronic format.
(5) As used in this section, “election document” includes, but is
not limited to, a declaration of candidacy for nomination for public or
political party office, completed nominating petitions, statements and
portraits for voters’ pamphlets, statements of election campaign
contributions and expenditures, and initiative, referendum or recall
petitions. (1) A
person with a disability who is unable because of the disability to sign
any election document, including a voter registration card, ballot return
envelope or poll book, may use a signature stamp or other indicator of
the person’s signature, as specified by the Secretary of State by rule,
whenever the signature of the person is required under any election law.
(2) A person who desires to use a signature stamp or other
indicator of the person’s signature as described in subsection (1) of
this section shall attest that the person needs to use the stamp or
indicator due to a disability. The attestation shall be made at the time
the person registers to vote or updates a registration and shall be made
on a form designed and supplied by the Secretary of State. [1997 c.189 §2]The Secretary of State and each county clerk shall
diligently seek out any evidence of violation of any election law.
[Formerly 260.325]SECRETARY OF STATE The
Secretary of State is the chief elections officer of this state, and it
is the secretary’s responsibility to obtain and maintain uniformity in
the application, operation and interpretation of the election laws. [1957
c.608 §2; 1979 c.190 §5; 1995 c.607 §1]
In carrying out the responsibility under ORS 246.110, the Secretary of
State shall prepare and distribute to each county clerk detailed and
comprehensive written directives, and shall assist, advise and instruct
each county clerk, on registration of electors and election procedures
which are under the direction and control of the county clerk. The
directives and instructions shall include relevant sample forms of
ballots, documents, records and other materials and supplies required by
the election laws. A county clerk affected thereby shall comply with the
directives or instructions. [1957 c.608 §3; 1965 c.464 §1; 1979 c.190 §6] (1) In carrying
out the responsibility under ORS 246.110, the Secretary of State, not
later than December 31 following the date of adjournment of the regular
session of the Legislative Assembly, shall organize and conduct at
convenient places and times in this state at least three conferences on
the administration of the election laws.
(2) The Secretary of State shall give written notice of the place
and time of each conference to each county clerk.
(3) Each county clerk or designated deputy shall attend at least
one of the conferences and shall comply with the instructions given under
the authority of the Secretary of State at each conference the county
clerk or deputy attends. [1957 c.608 §5; 1959 c.263 §1; 1979 c.190 §7;
1983 c.567 §3; 1991 c.719 §19; 2001 c.965 §49] The Secretary of State may adopt rules the secretary
considers necessary to facilitate and assist in achieving and maintaining
a maximum degree of correctness, impartiality and efficiency in
administration of the election laws. [1957 c.608 §8; 1979 c.190 §8; 1985
c.448 §1]The Secretary of
State shall:
(1) Prepare and print, in appropriate and convenient form, periodic
compilations and digests of the state election statutes.
(2) Distribute in appropriate quantities to the county clerks for
use by the county clerks and by election boards, copies of such
compilations and digests and such supplies and materials necessary to the
conduct of elections as the Secretary of State considers appropriate.
(3) Make the compilations and digests available for distribution,
(1) Notwithstanding ORS 246.250, the Secretary of
State shall reimburse each county clerk for necessary expenses of an
election described in subsection (2) of this section based on a claim
filed by the county clerk and approved by the Secretary of State. The
claim shall be made on a form designed by the Secretary of State. The
Secretary of State shall make the reimbursement from funds made available
to the Secretary of State by the Emergency Board.
(2) The Secretary of State shall reimburse each county clerk for
necessary expenses of:
(a) A special primary election or a special election to fill a
vacancy in the election or office of United States Senator or
Representative in Congress held on a date other than the date of the
primary election or the general election; or
(b) A recall election involving the holder of a state office. As
used in this subsection, “state office” has the meaning given that term
in ORS 249.002. [1983 c.567 §2; 1987 c.267 §2; 1993 c.194 §§1,2; 1995
c.712 §2] (1) The Elections Fund is established
separate and distinct from the General Fund of the State Treasury. Moneys
in the Elections Fund may be invested as provided in ORS 293.701 to
293.820. Interest earned by the Elections Fund and the earnings of any
investments shall be credited to the fund.
(2) The Elections Fund consists of:
(a) Amounts appropriated or otherwise made available by the
Legislative Assembly or this state for carrying out the activities for
which payments are made to this state under the federal Help America Vote
Act of 2002 (P.L. 107-252);
(b) Payments made to this state under the federal Help America Vote
Act of 2002 (P.L. 107-252);
(c) Other amounts as may be appropriated by law; and
(d) Interest earned on deposits in the fund.
(3) Moneys deposited to the credit of the Elections Fund are
continuously appropriated to the Secretary of State for the purpose of
paying the expenses of carrying out the activities for which payments are
made to this state under the federal Help America Vote Act of 2002 (P.L.
107-252). [2003 c.64 §2; 2005 c.797 §70] (1) The
Secretary of State by rule shall establish administrative complaint
procedures that meet the requirements of the federal Help America Vote
Act of 2002 (P.L. 107-252).
(2) Complaints alleging violations of Title III of the federal Help
America Vote Act of 2002 (P.L. 107-252) must be filed as provided in
rules adopted under this section. Complaints alleging violations of Title
III of the federal Help America Vote Act of 2002 (P.L. 107-252) may not
be filed under ORS 260.345. [2003 c.64 §7]COUNTY CLERK (1) Except
as specifically provided otherwise in the statute laws of this state, the
county clerk shall be the only elections officer to conduct any election
in this state. For the purpose of this section, the conduct of an
election includes, but is not limited to, establishing precincts and
polling places, preparing ballots and sample ballots, and receiving and
processing votes.
(2) Notwithstanding subsection (1) of this section:
(a) The county clerk is not the only elections officer who may
accept and verify a filing for nomination or filing of a petition,
prepare a voters’ pamphlet or ballot title, or prepare or publish an
election notice; and
(b) The Secretary of State may receive ballots as provided in ORS
253.585. [1979 c.317 §1; 1983 c.350 §63a; 1987 c.535 §1; 2003 c.64 §3] (1)
Subject to the directives and instructions prepared and distributed or
given by the Secretary of State under ORS 246.120 or 246.140, a county
clerk may exercise general supervision of administration of election laws
by each local elections official in the county for the purpose of
achieving and maintaining a maximum degree of correctness, impartiality,
efficiency and uniformity in the administration by local elections
officials. In this regard the county clerk may assist local elections
officials in answering questions concerning the proper administration of
election laws.
(2) If under this section two or more county clerks exercise
general supervision of the same local elections official, the county
clerks shall cooperate and coordinate to insure uniformity of general
supervision. [1957 c.608 §9; 1979 c.190 §11; 1985 c.448 §2] If
the boundary of a city is changed, the city governing body immediately
shall send a certified copy of the order, resolution or other action
changing the boundary to the county clerk of each county in which the
city is located. [1979 c.190 §14](1) The county clerk may employ personnel
and procure equipment, supplies, materials, books, papers, records and
facilities of every kind as the clerk considers necessary to facilitate
and assist in administering the election laws.
(2) The necessary expenses incurred by the county clerk in
administering the election laws, including reasonable rental for polling
places, shall be allowed by the county governing body and paid out of the
county treasury.
(3) The county clerk and deputies may administer oaths and
affirmations in connection with the performance of their functions in
administering the election laws. [1957 c.608 §14; 1979 c.190 §15] On the day
of any primary election, general election or special election held
throughout the county, the county clerk’s office shall remain open for
business pertaining to the election from 7 a.m. to 8 p.m. of the same
day. [1957 c.608 §18; 1979 c.190 §16; 1987 c.267 §3; 1995 c.712 §3; 1999
c.410 §3; 1999 c.999 §29]PRECINCT ELECTION BOARDS (1) Not later than the 30th day
before the primary election:
(a) The county clerk shall appoint persons to serve on election
boards. There shall be at least one election board for each polling place.
(b) The county clerk may appoint more than one election board for
any precinct in which 100 or more ballots were cast at the last general
election or in which there are more than 200 electors.
(2) The election board shall consist of a day board to issue
ballots and may include a counting board to count ballots. A day board
shall consist of three or more clerks. A counting board shall consist of
four or more clerks. No election board clerk shall serve on the day board
and the counting board at the same time. The county clerk shall designate
one clerk of each day board and one clerk of each counting board as
chairperson.
(3) The county clerk shall appoint the election board clerks for a
term of two years. The county clerk may withdraw the appointment of a
clerk at any time. Clerks may be reappointed for more than one term.
(4) Except as provided in this subsection, an election board clerk
shall be an elector of the county, shall be able to read, write and speak
English and may not serve at a polling place in an electoral district in
which the election board clerk is a candidate for any office, except
precinct committeeperson, to be voted on in that election. The clerks of
a day board or a counting board may not all be members of the same
political party. The Secretary of State shall adopt by rule standards
under which county clerks may employ persons to serve as election board
clerks who are not electors of the county but who are residents of the
county and who are at least 16 years of age. A person who is the spouse,
child, son or daughter-in-law, parent, mother or father-in-law, sibling,
brother or sister-in-law, aunt, uncle, niece, nephew, stepparent or
stepchild of a candidate on the ballot at an election may not serve as
election board clerk at a polling place where the candidate may be voted
on, unless the candidate is a candidate for precinct committeeperson and
is the only such relative who is a candidate on the ballot in the same
election. The county clerk shall appoint board clerks who have the
necessary capacity and ability to carry out their functions with
sufficient skill and dispatch.
(5) In the event of a vacancy in the office of board clerk, the
county clerk shall appoint a qualified person to fill the vacancy. [1957
c.608 §22; 1959 c.317 §1; 1963 c.37 §1; 1963 c.159 §1; 1975 c.675 §4a;
1979 c.190 §17; 1983 c.514 §2; 1985 c.471 §1; 1991 c.69 §1; 1995 c.712
§4; 2005 c.797 §53](1) Immediately after the
appointment of election board clerks as provided in ORS 246.310 (1), the
county clerk shall:
(a) Make and certify a list of the persons appointed for each
precinct, make the list available for public inspection in the office for
five days and provide a copy of the list to each political party within
the county that is affiliated with a major political party as qualified
under ORS 248.006.
(b) Notify by mail each person appointed of the appointment, and
keep a record of all notifications.
(2) Not later than the fifth day after the list of appointees is
available to the public, any elector may file with the county clerk,
without charge, any objection or suggestion respecting the appointments.
The county clerk shall consider all objections and suggestions so filed.
(3) If the county clerk revises the list because of objections or
suggestions filed under subsection (2) of this section, notification of
these additions or deletions shall be delivered to each political party
within the county that is affiliated with a major political party. [1957
c.608 §23; 1979 c.190 §18; 1993 c.797 §20](1) Each election board clerk shall be compensated at a
rate not less than the federal or state minimum wage whichever is higher.
The specific compensation shall be fixed and allowed by the county
governing body and paid out of the county treasury.
(2) Nothing in subsection (1) of this section is intended to
prohibit an election board clerk from volunteering to serve and serving
without compensation. [1957 c.608 §24; 1973 c.588 §1; 1975 c.675 §5; 1975
c.678 §3; 1979 c.190 §19; 1979 c.519 §1a; 1995 c.607 §2] (1) Each county clerk shall
meet at a convenient place at least once each biennium with the election
board clerks. At the meeting, the county clerk shall advise and instruct
the board clerks concerning the proper election and voting procedures to
be followed by them. The county clerk’s advice and instruction shall
conform to applicable rules, directives and instructions of the Secretary
of State.
(2) The Secretary of State may require a county clerk to conduct a
meeting in addition to the meeting required by subsection (1) of this
section. [1979 c.749 §2 (enacted in lieu of 246.340); 1991 c.719 §20]PRECINCTS; POLLING PLACESThe county clerk, not later than the 30th day
before an election, may create, combine or divide one or more precincts.
The number of electors to be included in a precinct shall not exceed
5,000. The county clerk shall fix the boundaries of the precincts and
designate the precincts by numbers or names. [1957 c.608 §20; 1959 c.317
§2; 1965 c.109 §1; 1973 c.662 §1; 1977 c.301 §5; 1979 c.190 §21; 1979
c.427 §2; 1985 c.528 §1; 1987 c.267 §5; 1995 c.607 §3; 1995 c.712 §5;
1999 c.410 §4; 1999 c.999 §30](1) Not later than the 10th day before any election conducted at polling
places as provided in ORS chapter 254, the county clerk shall designate
one polling place for each precinct. The county clerk shall take into
account the desirability that a polling place have adequate parking and
lighting facilities and be accessible to individuals with disabilities in
accordance with rules adopted under ORS 447.231. The county clerk may
designate as a polling place any public building, including any
schoolhouse, owned or leased by the state or any political subdivision
thereof, and the public building may be used as a polling place without
expense to the county. No official in charge of the public building may
refuse its use as a polling place. If the public building has an entrance
free of architectural barriers as defined by rules adopted under ORS
447.231, that entrance shall be kept unlocked during the hours the polls
are open and its location clearly indicated at the main entrance of the
building. More than one polling place may be designated in the same
building.
(2) Any published list of polling places for use by electors shall
indicate by a uniform, nationally recognized symbol those polling places
which are accessible to electors with disabilities. [1957 c.608 §21; 1961
c.49 §1; 1961 c.174 §1; 1975 c.675 §6; 1977 c.179 §1; 1979 c.190 §22;
1989 c.224 §36; 1993 c.503 §11; 1999 c.410 §5]VOTE RECORDING SYSTEMSAll the provisions of the election laws and of any county
or city charter or ordinance not inconsistent with ORS 246.520 to 246.600
apply to elections where voting machines or vote tally systems are used.
Any provision of law or of any county or city charter or ordinance which
conflicts with the use of voting machines or vote tally systems as
provided in ORS 246.520 to 246.600 does not apply to elections in which
voting machines or vote tally systems are used. [Formerly 258.025]A governing body may adopt, purchase or otherwise procure,
and provide for the use of, any voting machine or vote tally system
approved by the Secretary of State in all or a portion of the precincts.
Thereafter the voting machine or vote tally system may be used for voting
at all elections for public and party offices and on all measures, and
for receiving, registering and counting the votes in the precincts as the
governing body directs. [Formerly 258.045] (1) In purchasing
voting machines or vote tally systems, a governing body of any county and
the governing bodies of any incorporated cities, districts or other
municipalities in the county, may provide for the joint purchase and
subsequent ownership of voting machines or vote tally systems and for the
care, maintenance and use of the machines or systems.
(2) The governing body of two or more counties may provide for the
joint use of voting machines or vote tally systems. [Formerly 258.105](1) The Secretary of State shall publicly examine all makes of
voting machines or vote tally systems submitted to the secretary and
determine whether the machines or systems comply with the requirements of
ORS 246.560, and can safely be used by electors.
(2) Any person owning or interested in a voting machine or vote
tally system may submit it to the secretary for examination. For the
purpose of assistance in examining the machine or system the secretary
may employ not more than three individuals who are expert in one or more
of the fields of data processing, mechanical engineering and public
administration. The compensation of these assistants shall be paid by the
person submitting the machine or system.
(3) Not later than the 30th day after completing the examination,
the secretary shall approve or reject the voting machine or vote tally
system. If the secretary approves the machine or system, the secretary
shall make a report on the machine or system, together with a written or
printed description, drawings and photographs clearly identifying the
machine or system and its operation. Upon request, the secretary shall
send a copy of the report to any governing body within the state.
(4) Any voting machine or vote tally system approved by the
secretary may be used for conducting elections. A machine or system
rejected by the secretary may not be used at any election. If a machine
or system is changed after the machine or system has been approved by the
secretary, the secretary is not required to reexamine or reapprove the
machine or system if the secretary determines that the change does not
impair the accuracy, efficiency or capacity of the machine or system.
(5) If, after consulting with county clerks, the secretary
determines that a voting machine or vote tally system approved by the
secretary does not comply with the requirements of ORS 246.560, the
secretary may revoke the approval. If the secretary revokes approval, the
machine or system may not be used in any election. [Formerly 258.155;
2005 c.731 §2; 2005 c.797 §65] (1) A voting
machine may not be approved by the Secretary of State unless the voting
machine is constructed so that it:
(a) Secures to the elector secrecy of voting.
(b) Provides facilities for voting for the candidates of as many
political parties or organizations as may make nominations and for or
against as many measures as may be submitted.
(c) Permits the elector to vote for any person and as many persons
for an office and upon any measure for which the elector has the right to
vote.
(d) Permits the elector, except at a primary election, to vote for
all the candidates of one party or in part for the candidates of one
party and in part for the candidates of one or more other parties.
(e) Correctly records on a separate ballot the votes cast by each
elector for any person and for or against any measure.
(f) Provides that a vote for more than one candidate cannot be cast
by one single operation of the voting machine or vote tally system except
for President and Vice President and electors for those offices.
(g) Provides that straight party pointers shall be disconnected
from all candidate pointers.
(h) Contains a device that will duplicate the votes cast by each
elector onto a paper record copy.
(i) Contains a device that will allow each elector to view the
elector’s paper record copy while preventing the elector from directly
handling the paper record copy.
(2) A vote tally system shall be:
(a) Capable of correctly counting votes on ballots on which the
proper number of votes have been marked for any office or measure that
has been voted.
(b) Capable of ignoring the votes marked for any office or measure
if more than the allowable number of votes have been marked, but shall
correctly count the properly voted portions of the ballot.
(c) Capable of accumulating a count of the specific number of
ballots tallied for a precinct, accumulating total votes by candidate for
each office, and accumulating total votes for and against each measure of
the ballots tallied for a precinct.
(d) Capable of tallying votes from ballots of different political
parties, from the same precinct, in a primary election.
(e) Capable of accommodating the procedure established under ORS
254.155.
(f) Capable of automatically producing precinct totals in either
printed, marked, or punched form, or combinations thereof. [Formerly
258.165; 1987 c.267 §6; 1993 c.713 §47; 1995 c.712 §6; 1999 c.999 §31;
2005 c.731 §3; 2005 c.797 §66](1)
Any voting machine or vote tally system involving the use of computers, a
computer network, computer program, computer software or computer system
shall be subject to audit by the Secretary of State at any time for the
purpose of checking the accuracy of the voting machine or vote tally
system.
(2) The county clerk shall obtain a copy of the written
instructions for the operation and maintenance of any component of a vote
tally system described in subsection (1) of this section. The clerk shall
obtain the copy from the manufacturer or vendor of any component and
shall retain the copy.
(3) The county clerk shall keep a log of all maintenance performed
on any component of a vote tally system after the component is purchased
and installed. The county clerk shall distinguish maintenance performed
during the period that occurs after the preparatory test conducted under
ORS 254.235 (1) and before the public certification test conducted under
ORS 254.525 (4).
(4) As used in this section:
(a) “Computer” means, but is not limited to, an electronic device
which performs logical, arithmetic or memory functions by the
manipulations of electronic or magnetic impulses and includes all input,
output, processing, storage, software or communication facilities which
are connected or related to such a device in a system or network.
(b) “Computer network” means, but is not limited to, the
interconnection of communication lines, including microwave or other
means of electronic communication, with a computer through remote
terminals or a complex consisting of two or more interconnected computers.
(c) “Computer program” means, but is not limited to, a series of
instructions or statements, in a form acceptable to a computer, which
permits the functioning of a computer system in a manner designed to
provide appropriate products from such computer system.
(d) “Computer software” means, but is not limited to, computer
programs, procedures and associated documentation concerned with the
operation of a computer system.
(e) “Computer system” means, but is not limited to, a set of
related, connected or unconnected computer equipment, devices and
software. [1989 c.959 §2; 2001 c.965 §25](1) The Secretary of State may enter into an agreement, for a
term of not more than five years, with any county within the state for
the sale to the county of approved voting machines or vote tally systems
or computers or computer systems described in ORS 246.590. The agreement
shall include a provision creating a security interest for the Secretary
of State in the voting machines or vote tally systems or computers or
computer systems. The security interest shall not be released until the
sale is completed and the terms of the sale agreement are satisfied.
(2) The Secretary of State on having entered into an agreement with
a county may purchase the necessary voting machines or vote tally systems
or computers or computer systems using money made available under the
provisions of ORS 246.590. [Formerly 258.405; 1995 c.144 §15] The sale
agreement shall provide for:
(1) Annual payments of not less than 20 percent of the cost of the
voting machines or vote tally systems or computers or computer systems,
plus interest, payable on or before December 15.
(2) Payment by the county of maintenance, supplies, storage and
transportation costs of the voting machines or vote tally systems or
computers or computer systems. [Formerly 258.415; 1985 c.808 §1; 1995
c.144 §16](1) The State Treasurer, in the
capacity of investment officer for the Oregon Investment Council, may
lend moneys in the investment funds as provided in ORS 293.701 to 293.820
for the acquisition of:
(a) The voting machines or vote tally systems that the Secretary of
State has contracted to sell to a county.
(b) Computers or computer systems for the purpose of maintaining
and updating elector registration files or for establishing cross-county
elector registration files, including those that the Secretary of State
has contracted to sell to a county.
(2) The Voting Machine Account is established in the General Fund.
The account consists of moneys lent to the Secretary of State under this
section and payments collected from counties under ORS 246.600. Moneys in
the account are continuously appropriated to the secretary for:
(a) The purchase of voting machines or vote tally systems or
computers or computer systems described in subsection (1) of this
section; and
(b) Repayment of moneys lent under this section, plus interest.
(3) Moneys lent under this section shall be repaid within five
years together with interest at a rate agreed upon by the State Treasurer
and the Secretary of State. [Formerly 258.425; 1993 c.713 §62; 1995 c.144
§17; 2005 c.755 §6]All payments collected from the counties from the sale of
voting machines, computers or vote tally or computer systems shall be
deposited in the Voting Machine Account. An amount of money equal to the
amount of payments collected from the counties from the sale of voting
machines, computers or vote tally or computer systems during the calendar
year, plus interest at a rate agreed upon by the State Treasurer and the
Secretary of State, shall be paid to the State Treasurer as the repayment
of money advanced for the acquisition of voting machines, computers or
vote tally or computer systems. Payment shall be made to the State
Treasurer not later than December 31 of each year. [Formerly 258.435;
1995 c.144 §18]COMPELLING OFFICERS, OFFICIALS TO PERFORM DUTIES(1) Whenever it appears to the Secretary of State that a
county clerk, city elections officer or a local elections official has
failed to comply with an interpretation of any election law made by the
Secretary of State under ORS 246.110 or has failed to comply with a rule,
directive or instruction made by the Secretary of State under ORS
246.120, 246.140 or 246.150, the Secretary of State may apply to the
appropriate circuit court for an order to compel the county clerk, city
elections officer or local elections official to comply.
(2) The court shall dispose of the matter under subsection (1) of
this section as soon as possible, but in any case not later than the
fifth day after the Secretary of State applies for an order.
(3) The remedy provided in this section is cumulative and does not
exclude any other remedy against a county clerk, city elections officer
or local elections official who fails to comply with an interpretation of
any election law or the rule, directive or instruction. [1957 c.608 §7;
1979 c.190 §36; 1985 c.448 §3; 1995 c.607 §9]APPEALS FROM OFFICERS, OFFICIALS(1) A person adversely
affected by any act or failure to act by the Secretary of State, a county
clerk, a city elections officer or any other county, city or district
official under any election law, or by any order, rule, directive or
instruction made by the Secretary of State, a county clerk, a city
elections officer or any other county, city or district official under
any election law, may appeal therefrom to the circuit court for the
county in which the act or failure to act occurred or in which the order,
rule, directive or instruction was made.
(2) An appeal described in subsection (1) of this section of an
order of the Secretary of State approving or disapproving a state
initiative petition for circulation for the purpose of obtaining
signatures of electors must be filed within 60 days following the date
the order is served.
(3) Any party to the appeal proceedings in the circuit court under
subsection (1) of this section may appeal from the decision of the
circuit court to the Court of Appeals.
(4) The circuit courts and Court of Appeals, in their discretion,
may give precedence on their dockets to appeals under this section as the
circumstances may require.
(5) The remedy provided in this section is cumulative and does not
exclude any other remedy against any act or failure to act by the
Secretary of State, a county clerk, a city elections officer or any other
county, city or district official under any election law or against any
order, rule, directive or instruction made by the Secretary of State, a
county clerk, a city elections officer or any other county, city or
district official under any election law. [1957 c.608 §19; 1975 c.227 §2;
1979 c.190 §38; 1983 c.514 §3; 1995 c.607 §10; 2005 c.797 §26]
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