Oregon Statute | Act | Code |Title 23 Elections| US Code - US Statute

As used in this chapter:

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

(2) "Ballot label" means the material containing the names of
candidates or the measures to be voted on.

(3) "Chief elections officer" means the:

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

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

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

(4) "County clerk" means the county clerk or the county official in
charge of elections.

(5) "Elector" means an individual qualified to vote under section
2, Article II, Oregon Constitution.

(6) "Major political party" means a political party that has
qualified as a major political party under ORS 248.006.

(7) "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.

(8) "Minor political party" means a political party that has
qualified as a minor political party under ORS 248.008.

(9) "Nonpartisan office" means the office of judge of the Supreme
Court, Court of Appeals, circuit court or the Oregon Tax Court,
Superintendent of Public Instruction, Commissioner of the Bureau of Labor
and Industries, any elected office of a metropolitan service district
under ORS chapter 268, justice of the peace, county clerk, county
assessor, county surveyor, county treasurer, county judge who exercises
judicial functions, sheriff, district attorney or any office designated
nonpartisan by a home rule charter.

(10) "Prospective petition" means the information, except
signatures and other identification of petition signers, required to be
contained in a completed petition.

(11) "Regular district election" means the election held each year
for the purpose of electing members of a district board as defined in ORS
255.005 (2).

(12) "Vote tally system" means one or more pieces of equipment
necessary to examine and tally automatically the marked ballots.

(13) "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 §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]ORS 254.205, 254.215, 254.226, 254.245, 254.265, 254.275,
254.295, 254.315, 254.325, 254.335, 254.345, 254.355, 254.385, 254.395,
254.405, 254.413, 254.419, 254.426, 254.435, 254.455, 254.483 and
254.525, apply only to elections conducted at polling places. [1999 c.410
§39; 2001 c.805 §4] Any primary
election, general election or special election held in this state shall
be conducted under the provisions of this chapter, unless specifically
provided otherwise in the statute laws of this state. [1979 c.190 §225;
1983 c.350 §69a; 1995 c.712 §51; 1999 c.999 §45]
(1) Statutes applicable to primary elections shall be construed as though
the primary elections are separate elections for each major political
party nominating candidates.

(2) The primary elections shall be conducted as nearly as possible
according to the theory 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]It is the intention of the
legislature to carry out the provisions of section 14a, Article II,
Oregon Constitution. All elections for city officers shall be held at the
same time and place as elections for state and county officers. The
election boards for state and county elections shall be the election
boards for the city elections. Unless a city charter or ordinance
provides otherwise, the ballots and ballot labels used for state and
county elections, if the county clerk considers it practicable, shall be
arranged to include city offices and measures. [Formerly 250.230] If a city holds a special
election on a date other than the primary election or general election,
it shall bear the expense of the election. [1979 c.190 §228; 1987 c.267
§38; 1995 c.712 §52]
(1) The general election shall be held on the first Tuesday after the
first Monday in November of each even-numbered year. Except as provided
in ORS 254.650, at the general election officers of the state and
subdivisions of the state, members of Congress and electors of President
and Vice President of the United States as are to be elected in that year
shall be elected.

(2) The primary election shall be held on the third Tuesday in May
of each even-numbered year. At the primary election precinct
committeepersons shall be elected and major political party candidates
shall be nominated for offices to be filled at the general election held
in that year. [1979 c.190 §229; 1979 c.316 §20a; 1987 c.267 §1; 1995
c.712 §1; 1999 c.59 §64; 1999 c.999 §28; 2001 c.965 §12; 2003 c.542 §7](1) When one person
is to be nominated for or elected to an office, the person receiving the
highest number of votes shall be nominated or elected. When more than one
person is to be nominated for or elected to a single office, the persons
receiving the higher number of votes shall be nominated or elected. This
subsection does not apply to a candidate for election to an office at a
general election if the election for the office must be held at a special
election as described in ORS 254.650.

(2) No measure shall be adopted unless it receives an affirmative
majority of the total votes cast on the measure. If two or more
conflicting laws, or amendments to the Constitution or charter, are
approved at the same election, the law, or amendment, receiving the
greatest number of affirmative votes shall be paramount regarding each
conflict, even though the law, or amendment, may not have received the
greatest majority of affirmative votes. [1979 c.190 §230; 2003 c.542 §8]
On the date of any election, the county clerk may conduct a simulated
election. As used in this section, "simulated election" means a
demonstration election held for individuals under 18 years of age for the
purpose of encouraging future voter participation. [1991 c.436 §2](1) An elector may not participate in more than
one nominating process for each partisan public office to be filled at
the general election.

(2) An elector is considered to have participated in the nominating
process for each partisan public office listed on the ballot at a primary
election if the elector returned a ballot of a major political party at
the primary election.

(3) An elector is considered to have participated in the nominating
process for a partisan public office listed on the ballot at the general
election if:

(a) A minor political party nominated a candidate for that office
in the manner specified by the party in documents filed under ORS 248.009
and the elector participated in the nominating process; or

(b) The elector participated in the nominating process for that
office by signing the minutes of an assembly of electors under ORS
249.735 or by signing a certificate of nomination made by individual
electors under ORS 249.740.

(4) If a filing officer described in ORS 249.722 determines that an
elector who has signed the minutes of an assembly of electors under ORS
249.735 or a certificate of nomination under ORS 249.740 has attempted to
participate in more than one nominating process for the same office to be
filled at the general election, the signature of the elector may not be
considered for purposes of ORS 249.735 or 249.740. [2005 c.593 §2]Prior to each election, the county clerk shall make every
reasonable effort to acquaint electors with the ballot format to be used
in the election and the methods used to mark or punch ballots to cast a
valid vote. [2001 c.965 §21] (1) Each county clerk shall
file a county elections security plan with the Secretary of State not
later than:

(a) January 31 of each calendar year; and

(b) One business day after any revision is made to the county
elections security plan.

(2) A county elections security plan shall include, but is not
limited to:

(a) A written security agreement entered into with any vendor
handling ballots;

(b) Security procedures for transporting ballots;

(c) Security procedures at official places of deposit for ballots;

(d) Security procedures for processing ballots;

(e) Security procedures governing election observers;

(f) Security procedures for ballots located in county elections
work areas, buildings and storage areas;

(g) Security procedures for vote tally systems, including computer
access to vote tally systems; and

(h) Post-election ballot security.

(3) A security plan developed and filed under this section is
confidential and not subject to disclosure under ORS 192.410 to 192.505.
[2001 c.965 §48]PREPARATORY PROCEDURES The chief elections
officer shall keep a register of candidates for nomination at the primary
election. The register, if applicable, shall contain for each major
political party:

(1) The title of each office for which the major political party
will nominate candidates at the primary election.

(2) The name and mailing address of each candidate for nomination
at the primary election.

(3) The name of the major political party with which the candidate
is registered as affiliated.

(4) The date of filing of the prospective petition for nomination
of the candidate.

(5) The date of filing of the completed petition for nomination of
the candidate, the number of valid signatures contained and the number of
signatures required.

(6) The date of filing of the declaration of candidacy of the
candidate.

(7) Such other information as may aid the chief elections officer
in arranging the official ballot or ballot label for the primary
election. [Formerly 249.070; 1987 c.267 §39; 1995 c.607 §38; 1995 c.712
§54; 1999 c.999 §47](1) The Secretary of State, not later than the 61st day before
the date of a primary or general election, shall file with each county
clerk a statement of the state and congressional district offices to be
filled or for which candidates are to be nominated in the county at the
election, information concerning all candidates for the offices, and the
state measures to be voted on.

(2) The information concerning candidates for the Supreme Court,
Court of Appeals, Oregon Tax Court and circuit court shall include a
designation of incumbent for each candidate who is the regularly elected
or appointed judge of the court to which the candidate seeks election. If
a candidate was regularly elected or appointed to a specific position or
department on the court, the candidate shall be designated as the
incumbent only if the person is a candidate for that position or
department.

(3) Included with each state measure shall be the measure number,
the ballot title prepared by the Attorney General under ORS 250.067 (2)
or, if the Supreme Court has reviewed the title under ORS 250.085, the
title certified by the court and the financial estimates under ORS
250.125. The Secretary of State shall keep a copy of the statement.
[Formerly 250.020; 1985 c.742 §1; 1991 c.971 §8; 1993 c.493 §28; 1995
c.712 §55; 1999 c.59 §65](1) The chief elections officer of any city shall file with
the county clerk of the county in which the city hall of the city is
located, a statement of the city offices to be filled or for which
candidates are to be nominated at the election and information concerning
all candidates for the offices not later than the 61st day before the
date of the election.

(2) Except as provided in subsection (3) of this section, the chief
elections officer of any city shall file with the county clerk of the
county in which the city hall is located, a statement of the city
measures to be voted on, including the ballot title for each measure, not
later than the 61st day before the date of the election.

(3) If a measure to be submitted to the electors of a city at an
election held on the first Tuesday after the first Monday in November was
submitted on the election date in ORS 221.230 (1) immediately preceding
the first Tuesday after the first Monday in November, the chief elections
officer of the city shall file the statement required for that measure in
subsection (2) of this section on the 47th day before an election held on
the first Tuesday after the first Monday in November.

(4) The chief elections officer of the city shall keep a copy of
each statement filed under this section.

(5) If a city is located in more than one county, the county clerk
under subsection (1) of this section shall immediately file the statement
and information required under subsection (1) of this section with the
county clerk of any other county in which the city is located. [Formerly
250.030; 1981 c.639 §2; 1987 c.707 §17; 1987 c.724 §5; 1989 c.503 §13;
1989 c.503 §14; 1989 c.923 §11; 1991 c.71 §8; 1993 c.493 §29; 1993 c.713
§57; 1995 c.712 §118]If, after the deadline for filing a statement under ORS
254.085 or 254.095, an electoral district requires a change in the
information contained in the statement, the electoral district for which
the change is made shall bear the expenses incurred as a result of the
change. As used in this section, "electoral district" means the state in
the case of a statement filed under ORS 254.085 and a city in the case of
a statement filed under ORS 254.095. [1991 c.74 §2; 1993 c.493 §30] (1)
The governing body of a county shall file with the county clerk each
measure referred by the county governing body not later than the 61st day
before the date of the election.

(2) If a measure to be submitted to the electors of a county at an
election held on the first Tuesday after the first Monday in November was
submitted on the election date in ORS 203.085 (1) immediately preceding
the first Tuesday after the first Monday in November, the county
governing body shall file the measure with the county clerk not later
than the 47th day before an election held on the first Tuesday after the
first Monday in November. [1983 c.15 §2; 1985 c.808 §35; 1987 c.707 §18;
1989 c.923 §12; 1991 c.71 §9; 1993 c.713 §58; 1995 c.712 §119] (1)
The county clerk shall number county, city and district measures
consecutively and shall not repeat any number in any subsequent election.
For each election, the numbers assigned shall begin with the number after
the last number assigned under this section at the previous election. The
measures shall be assigned numbers in the order in which the measures are
filed with the clerk and in a manner that will not confuse county, city
or district measures with state measures. The number assigned to each
county, city and district measure shall be preceded by a unique county
prefix number. The Secretary of State by rule shall assign a prefix
number to each county for the purpose of carrying out the provisions of
this subsection.

(2) If a district or city is located in more than one county, the
district elections officer under ORS 255.005 or the county clerk under
ORS 254.095 shall immediately certify a district or city measure to the
county clerk of any other county in which the district or city is
located. [1987 c.724 §4; 1993 c.493 §17; 2001 c.267 §2] (1) The official primary
election ballot or ballot label shall be styled "Official Primary
Nominating Ballot for the _____ Party." and shall state:

(a) The name of the county for which it is intended.

(b) The date of the primary election.

(c) The names of all candidates for nomination at the primary
election whose nominating petitions or declarations of candidacy have
been made and filed, and who have not died, withdrawn or become
disqualified.

(d) The names of candidates for election as precinct
committeeperson.

(e) The names of candidates for the party nomination for President
of the United States who qualified for the ballot under ORS 249.078.

(2) If the election is conducted at polling places as provided in
this chapter, any ballot to be issued at a polling place shall also state
the number or name of the precinct for which it is intended.

(3) The primary election ballot may include any city, county or
nonpartisan office or the number, ballot title and financial estimates
under ORS 250.125 of any measure.

(4) The ballot shall not contain the name of any person other than
those referred to in subsections (1) and (3) of this section. The name of
each candidate for whom a nominating petition or declaration of candidacy
has been filed shall be printed on the ballot in but one place. In the
event that two or more candidates for the same nomination or office have
the same or similar surnames, the location of their places of residence
shall be printed opposite their names to distinguish one from another.
[Formerly 249.354; 1983 c.7 §3; 1983 c.567 §16; 1987 c.267 §42; 1991
c.971 §§9,10; 1993 c.493 §§31,32; 1995 c.712 §56; 1999 c.410 §44; 1999
c.999 §48](1) The names of candidates for a nonpartisan office at
a nominating election held on the date of the primary election shall be
listed without political party designation on a nominating ballot or
ballot label under the title, and department or position number if any,
of the office.

(2) At the primary election or general election:

(a) The names of candidates who are opposed for nomination or
election to the Supreme Court, Court of Appeals, Oregon Tax Court and
circuit court shall be printed on the ballot before the names of
candidates for those offices who are unopposed; and

(b) The word "incumbent" shall follow the name of each candidate
for the Supreme Court, Court of Appeals, Oregon Tax Court or circuit
court who is designated the incumbent by the Secretary of State under ORS
254.085. [1979 c.190 §236; 1979 c.451 §6; 1979 c.587 §4; 1983 c.7 §4;
1985 c.742 §2; 1993 c.493 §§35,36; 1995 c.658 §99; 1995 c.712 §59; 1999
c.410 §45] (1) The
official general or special election ballot or ballot label shall be
styled "Official Ballot" and shall state:

(a) The name of the county for which it is intended.

(b) The date of the election.

(c) The names of all candidates for offices to be filled at the
election whose nominations have been made and accepted and who have not
died, withdrawn or become disqualified. The ballot or ballot label may
not contain the name of any other person.

(d) The number, ballot title and financial estimates under ORS
250.125 of any measure to be voted on at the election.

(2) If the election is conducted at polling places as provided in
this chapter, any ballot to be issued at a polling place shall also state
the number or name of the precinct for which it is intended.

(3) The names of candidates for President and Vice President of the
United States shall be printed in groups together, under their political
party designations. The names of the electors may not be printed on the
general election ballot. A vote for the candidates for President and Vice
President shall be a vote for the group of presidential electors
supporting those candidates and selected as provided by law. The general
election ballot shall state that electors of President and Vice President
are being elected and that a vote for the candidates for President and
Vice President shall be a vote for the electors supporting those
candidates.

(4)(a) The name of each candidate nominated shall be printed upon
the ballot or ballot label in but one place, without regard to how many
times the candidate may have been nominated. The name of a political
party shall be added opposite the name of a candidate for other than
nonpartisan office according to the following rules:

(A) For a candidate not affiliated with a political party who is
nominated by a minor political party, the name of the minor political
party shall be added opposite the name of the candidate;

(B) For a candidate not affiliated with a political party who is
nominated by more than one minor political party, the name of the minor
political party selected by the candidate shall be added opposite the
name of the candidate;

(C) For a candidate who is a member of a political party who is
nominated by a political party of which the candidate is not a member,
the name of the political party that nominated the candidate shall be
added opposite the name of the candidate;

(D) For a candidate who is a member of a political party who is
nominated by more than one political party of which the candidate is not
a member, the name of the political party selected by the candidate shall
be added opposite the name of the candidate; and

(E) For a candidate who is nominated by a political party of which
the candidate is a member, the name of the political party of which the
candidate is a member shall be added opposite the name of the candidate.

(b) If a candidate is required to select the name of a political
party to be added on the ballot under paragraph (a) of this subsection,
the candidate shall notify the filing officer of the selection not later
than the 61st day before the day of the election.

(c) The word "incumbent" shall follow the name of each candidate
for the Supreme Court, Court of Appeals, Oregon Tax Court or circuit
court who is designated the incumbent by the Secretary of State under ORS
254.085.

(d) The word "nonaffiliated" shall follow the name of each
candidate who is not affiliated with a political party and who is
nominated by an assembly of electors or individual electors.

(e) If two or more candidates for the same office have the same or
similar surnames, the location of their places of residence shall be
printed opposite their names to distinguish one from another. [Formerly
250.110; 1983 c.7 §5; 1985 c.742 §3; 1991 c.971 §12; 1993 c.493 §38; 1995
c.606 §7; 1999 c.410 §46; 2005 c.797 §46] (1) The names of
candidates for nomination for or election to each office shall be
arranged on the ballot or ballot label in the order determined under ORS
254.155. The names of candidates for the offices of President and Vice
President of the United States, however, shall be arranged in groups.
Except as provided in ORS 254.125, 254.135 and this section, no
information about the candidate, including any title or designation,
other than the candidate's name, shall appear on the ballot. In a
precinct in which voting machines are used, spaces shall be provided,
either on the ballot or on separate material delivered to the elector
with the ballot, in which the elector may write the names of persons for
any offices appearing on the ballot label. In other precincts, at the end
of the list of candidates for each office shall be a blank space in which
the elector may write the name of any person not printed on the ballot.
On the left margin of the ballot or ballot label the name of each group
or candidate may be numbered. The blank spaces shall not be numbered. A
particular number shall not be used to designate more than one candidate
at any election.

(2) The names of all candidates for the same office shall be listed
in the same column on the ballot or ballot label. If more than one column
is needed to list names of all candidates for that office, the names may
be arranged in one or more columns in block form. The block shall be set
apart by rulings under the title of the office. If a blank space follows
the list of candidates, the space shall be in the same column as the
names of candidates for that office. If blocks of columns are used, blank
spaces shall be included within the ruled block.

(3) In precincts using voting machines, the ballot label shall be
clearly marked to indicate when names of candidates for the office are
continued on the following page.

(4) When a measure is submitted to the people, the number, ballot
title and financial estimates under ORS 250.125 of each measure shall be
printed after the list of candidates. A measure referred by the
Legislative Assembly shall be designated "Referred to the People by the
Legislative Assembly." A state measure referred by petition shall be
designated "Referendum Order by Petition of the People." A state measure
proposed by initiative petition shall be designated "Proposed by
Initiative Petition."

(5) For an election conducted at polling places under this chapter,
each official ballot shall have a removable stub. The stub on the ballots
for a precinct shall be numbered consecutively.

(6) The ballot shall be printed to give the elector a clear
opportunity to designate the elector's choice for candidates and approval
or rejection of measures submitted. In precincts not using voting
machines the elector shall indicate a preference by making a cross or
check mark inside a voting square corresponding to the candidate or
answer for which the elector wishes to vote. A voting square may be
printed on the blank, write-in vote spaces. However, the elector is not
required to place a mark in the voting square corresponding to a name
written in a blank space. On the ballot or ballot label shall be printed
words to aid the elector, such as "Vote for one," "Vote for three," and
regarding measures, "Yes" and "No." [1979 c.190 §238; 1983 c.253 §2; 1991
c.719 §27; 1991 c.971 §13; 1993 c.493 §39; 1993 c.713 §48; 1995 c.607
§80; 1999 c.410 §47] (1) This section
governs the procedure for determining the order on the ballot of names of
candidates for nomination for or election to all offices at any election.

(2) Not later than the 69th day before the date of any election the
Secretary of State shall complete a random ordering of the letters of the
alphabet.

(3) Not later than the 68th day before the date of any election the
Secretary of State shall mail to each county clerk a copy of the random
ordering of the letters of the alphabet.

(4) The county clerk shall arrange by surname the names of the
candidates on the ballot or ballot label in the random order of the
letters of the alphabet completed by the Secretary of State under
subsection (2) of this section. [Formerly 249.362; 1983 c.253 §1; 1987
c.267 §47; 1993 c.713 §49](1) If the filing officer determines that a
candidate has died, withdrawn, become disqualified, or that the candidate
will not qualify in time for the office if elected, the name of the
candidate shall not be printed on the ballots or ballot labels or, if
they have already been printed, shall be erased or canceled before the
ballots are given to the electors. The name of a candidate nominated to
fill a vacancy in nomination or office shall be printed on the ballots or
ballot labels or, if they have already been printed, the county clerk
shall cause the name to appear on the ballots or ballot labels before the
ballots are given to the electors. A filing officer, other than the
Secretary of State, shall notify the Secretary of State of any action
taken under this section.

(2) Subsection (1) of this section does not apply if the filing
officer makes the determination under subsection (1) of this section on
or after the 30th day before the date of the election.

(3) As used in this section:

(a) "District" means a district defined in ORS 255.012.

(b) "Filing officer" means the:

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

(B) County clerk, regarding a candidate for a county office.

(C) County clerk of the county in which the administrative office
of the district is located, regarding a candidate for a district office
to be voted on in a district located in more than one county.

(D) County clerk, regarding a candidate for a district office to be
voted on in a district situated wholly within the county.

(E) City clerk, auditor or recorder, regarding a candidate for a
city office. [Formerly 250.161; 1983 c.514 §12; 1991 c.719 §28; 1999
c.410 §48](1) In lieu of printing the complete ballot title of any
measure, other than a state measure, the county clerk may print the
caption and the question of the ballot title and the measure number on
the ballot or ballot label. If the complete ballot title is omitted from
the ballots or ballot labels and the election is conducted at polling
places, the complete ballot title shall be printed in 14-point type or
larger and posted in each voting compartment within view of the elector.

(2) In lieu of printing the complete ballot title and financial
estimates of any state measure to be initiated or referred, the county
clerk may print the caption of the ballot title, the statements described
in ORS 250.035 (2)(b) and (c) and the measure number on the ballot or
ballot label. If the complete ballot title and financial estimates are
omitted from the ballots or ballot labels and the election is conducted
at polling places, they shall be printed in 14-point type or larger and
posted in each voting compartment within view of the elector.

(3) In the case of a recall election:

(a) If the election is conducted at polling places, the statements
described in section 18, Article II of the Oregon Constitution, and ORS
249.877 may be posted in each voting compartment within view of the
elector; and

(b) If the ballot is delivered by mail, the statements described in
section 18, Article II of the Oregon Constitution, and ORS 249.877 shall
be included with material delivered to the elector.

(4) The complete text of each ballot title and any financial
estimates shall be included with any absentee or mailed official ballot.

(5) Sample ballots and the publication of any facsimile sample
ballots shall include the full text of the ballot title and any financial
estimates. [Formerly 258.380; 1981 c.173 §31; 1981 c.391 §10; 1985 c.808
§36; 1991 c.971 §14; 1995 c.534 §1a; 1999 c.410 §49] The
county clerk shall print all the required ballots and ballot labels and
shall furnish them for use by electors in the county. Only these ballots
and ballot labels shall be used in an election. [Formerly 250.080](1) Official ballots and ballot labels shall be printed in
black ink upon good quality material. The primary election ballots or
ballot labels shall be of different colors for the major political
parties.

(2) If the election is conducted at polling places, sample ballots
shall be prepared for the information of the elector. The sample ballot
shall contain the offices, candidates, measures and other information on
the ballots or ballot labels of the precincts for which the sample ballot
is issued. The sample ballot need not contain the office of, or
candidates for, precinct committeeperson. The sample ballots shall be
identified as such, and printed on cheaper, colored paper to distinguish
them from official ballots. A sample ballot shall not be voted or counted.

(3) The governing body of a city, county or district may mail
sample ballots to all electors within the city, county or district to
assist the electors' preparation for voting. [Formerly 250.090; 1981
c.157 §1; 1985 c.471 §9; 1987 c.267 §48; 1995 c.712 §60; 1999 c.410 §50;
1999 c.999 §49] (1)
For any election conducted at polling places, the county clerk shall
produce a facsimile, except as to size, of the ballot in a manner
described in this section. For any primary election, a facsimile of the
ballot shall include the ballot of each major political party.

(2) The facsimile shall be:

(a) Published or inserted in one or more newspapers as described in
subsection (3) of this section; or

(b) Distributed to each residential postal mailing address within
the electoral district for which the election is being held.

(3) If the facsimile is published or inserted in a newspaper:

(a) The facsimile shall be published or inserted not later than the
fourth day nor earlier than the 15th day before the election.

(b) The facsimile shall be published or inserted in at least one
issue of one newspaper in each county with a population of less than
10,000, or in each county in which no more than one newspaper is
published. The facsimile shall be published or inserted in at least one
issue of two newspapers in each county with a population of 10,000 or
more in which more than one newspaper is published. The county governing
body, at the first regular meeting each year, shall select the newspaper
or newspapers of general circulation in the county in which the facsimile
shall be published or inserted and shall notify the county clerk of the
selection.

(c) The county governing body may require publication or insertion
of the facsimile in additional newspapers and shall select the newspapers
at the same time as provided in paragraph (b) of this subsection. The
county governing body shall notify the county clerk of any additional
selections.

(d) The facsimile shall not be published in any newspaper unless
the newspaper agrees that no paid political advertisement shall be placed
on the same page as the facsimile or on the page facing the facsimile. If
a newspaper selected under paragraph (b) or (c) of this subsection does
not so agree, the county governing body shall select another newspaper in
the county with as nearly as possible the same qualifications for the
publication of the facsimile.

(4) A facsimile distributed to each residential post office mailing
address within the electoral district for which the election is being
held shall have postage prepaid and shall be considered to give notice
when mailed. Facsimile ballots mailed under this subsection shall be
mailed not sooner than the 15th day nor later than the 10th day before
the election. Proof of mailing shall be by affidavit of the county clerk.

(5) A facsimile printed in a county voters' pamphlet prepared and
distributed in accordance with ORS chapter 251 shall be considered to
satisfy the requirements of this section.

(6) As used in this section, "electoral district" means a county,
city or district. [Formerly 250.121; 1989 c.171 §34; 1989 c.773 §1; 1991
c.107 §11; 1995 c.607 §§39,39a; 1999 c.999 §50] (1) The county
clerk shall provide each precinct with at least as many official ballots
as there are electors listed in the poll books of the precinct, and as
many additional ballots as may be expected to be required. The county
clerk shall provide as many sample ballots as the county clerk considers
necessary to supply persons requesting them at polling places and to
distribute to the public.

(2) The county clerk, at the request of any person, candidate,
political party or political committee, shall furnish to them sample
ballots. The county clerk may collect from the requesting person the cost
of the sample ballots furnished. [Formerly 250.150; 1989 c.503 §15] (1) The county clerk shall prepare the
poll book of each precinct. The poll book shall list alphabetically the
electors in the precinct, and the residence address and political
affiliation of each. The poll book shall indicate clearly each electoral
district in which the elector is eligible to vote.

(2) If a person registers before the 20th day before the election,
the person's name shall be listed in the poll book of the person's
precinct.

(3) The poll book shall be ruled so that in a column for ballot
numbers sufficient space appears for inserting the number of the ballot
given to the elector.

(4) The county clerk shall have attached to, or printed in, the
poll book blank oaths of office for the election board clerks. [1979
c.190 §246; 1983 c.514 §13; 1985 c.448 §4; 1985 c.471 §10; 1999 c.410 §51](1) Not later than five business days before an election in
which voting machines or vote tally systems are used, the county clerk
shall:

(a) Conduct a preparatory test of the machine and system for logic
and accuracy to ensure that each ballot format, where appropriate,
correctly tallies ballots in each electoral contest by precinct; and

(b) Conduct a public certification test for the vote tally system
using a selection of precincts, ballot formats and electoral districts
from the preparatory test conducted under this subsection.

(2) Prior to the public certification test under subsection (1)(b)
of this section, the county clerk shall mail to each affiliate of a major
or minor political party within the county that has notified the clerk
that notice is desired, a notice of the time and place where the vote
tally system will be publicly tested. One representative of each party is
entitled to be present to ensure that the testing is done properly. In
nonpartisan elections each candidate may designate one representative who
has the same powers as the political party representatives. The party and
candidate representatives shall certify that they have witnessed the
testing. The certificates shall be filed with the county clerk.

(3) In an election where voting machines are used, the county clerk
shall prepare a certificate that the ballot labels have been properly
placed in the machine. [1979 c.190 §247; 1993 c.797 §23; 2001 c.965 §22] In sufficient
time before the election, the county clerk shall secure and take
possession of the places designated as polling places. The county clerk
shall provide suitable compartments, shelves or tables at which electors
are to mark their ballots. The arrangement shall insure that the ballot
boxes, compartments, shelves or tables, and the electors while marking
their ballots, shall not be hidden from view of the election board
clerks, yet they shall be so arranged that the elector may conveniently
mark the ballot with absolute secrecy. There shall be provided in each
polling place not less than one compartment, shelf or table for every 120
electors to vote at that polling place. A polling place shall have at
least three compartments, shelves or tables. [Formerly 250.610; 1987
c.707 §19]POLLING PLACES AND VOTING (1) In sufficient
time before opening of the polls, the county clerk shall deliver to each
election board the poll book, tally and return sheets, ballots, ballot
boxes and other equipment necessary for conduct of the election. The
county clerk also shall deliver to the election board a notice specifying
where the board is to return the equipment.

(2) The county clerk may provide a flag of the United States for
each polling place. In this event, the election board shall display the
flag at the polling place during voting hours.

(3) The county clerk shall keep a record of, and prepare a receipt
for, the equipment delivered. The election board clerk who receives the
equipment shall sign the receipt. The receipt immediately shall be
returned to the county clerk. [1979 c.190 §249; 1979 c.519 §19a] Before beginning their
duties, the election board clerks shall take the oath of office included
in the poll book. The oath shall be administered by any officer
authorized to administer oaths or by the board chairperson. If these
persons are not present, any clerk may administer the oaths. [1979 c.190
§250] If an
election board clerk is not present when required, the other clerks shall
elect a qualified person to act as clerk until the absent clerk arrives,
and if the absent clerk does not arrive within one-half hour, to serve in
that clerk's place. The substitute clerk need not be of the same
political affiliation as the absent clerk, unless all clerks of the board
would have the same political affiliation. The substitute clerk shall
take the official oath before acting. Compensation which would have been
paid to the absent clerk for the period served by the substitute clerk
shall be paid to the substitute clerk and deducted from the pay of the
absent clerk. [Formerly 250.330] The
election board clerks, when preparing a voting machine before the polls
open, shall:

(1) Place the voting machine where it can be conveniently attended
by the clerks and conveniently operated by the electors and where the
ballot labels on the machine can be plainly seen by the clerks and the
public when the machine is not in use.

(2) Place a model of a portion of the face of a voting machine
where an elector can conveniently operate it and receive instructions on
the manner of voting before proceeding to the voting compartment, shelf
or table.

(3) Determine that the ballot labels are in the proper places on
the machine.

(4) Certify the performance of these duties in the poll book.
[Formerly 258.245]At any election in
which the question of establishing or changing the exterior boundaries of
a county or city is submitted to a vote, the county clerk shall:

(1) Post in each voting compartment a map indicating the proposed
boundaries;

(2) Include with any mailed ballot a map indicating the proposed
boundaries; or

(3) Print in a voters' pamphlet prepared for the election a map
indicating the proposed boundaries. [1983 c.350 §69; 1999 c.410 §52]
(1) The polls shall be open from 7 a.m. to 8 p.m. of the same day except
that if federal law or regulations require a particular hour for poll
closure, the polls, for any election, shall close at that hour.

(2) The first election board shall meet not later than 6:30 a.m. at
the polling place on election day. It shall act until the count and tally
of ballots is completed, until the polls are closed and the ballots
removed for counting, or until relieved by an additional board. While the
polls are open, no more than one board clerk shall be out of the presence
of the others.

(3) The election board, immediately before the opening of the
polls, shall insure that the ballot boxes are empty. The boxes shall not
be reopened except to count the ballots.

(4) At 7 a.m. the board chairperson shall publicly announce the
opening of the polls. Thirty minutes before closing the polls the
chairperson shall publicly announce that the polls will be closed in half
an hour.

(5) The ballot boxes, poll book, ballot stubs, return sheets and
tally sheets shall be constantly kept together in view of the board
clerks and other persons permitted to be present from the opening of the
polls until the clerks complete their duties.

(6) If an elector attempts to vote at the wrong polling place, the
board shall assist the elector in locating the proper polling place.

(7) When the polls close, electors who are at the polling place
waiting to vote shall be considered to have begun the act of voting.
[Formerly 250.340; 1987 c.72 §1; 1987 c.727 §14] If voting machines
are used, the board clerks occasionally shall examine the face of the
machine and the ballot labels to determine that the machine or labels
have not been tampered with or damaged. [Formerly 258.295] (1) If a
voting machine becomes inoperative, a clerk immediately shall notify the
county clerk.

(2) If possible, the county clerk shall repair the voting machine
at once or substitute another machine.

(3) If no other machine can be procured and the inoperative machine
cannot be repaired in time for further use at the election, or when in
the discretion of a majority of the election board it is impracticable to
use the machine, the board clerks shall permit the electors to use paper
ballots. The paper ballots shall be furnished by the county clerk. The
ballots shall not be tallied and returned by the board clerks. Instead,
these ballots shall be delivered to the county clerk for tally and
canvass. [Formerly 258.305] The election
board shall write, and certify as correct, in the poll book the number of
ballots initially delivered and the number of ballots thereafter
delivered to the precinct. [1979 c.190 §258](1) An elector shall not be qualified or
permitted to vote at any primary election for any candidate of a major
political party, and it shall be unlawful for the elector to offer to do
so, unless:

(a) The elector is registered as being affiliated with one of the
major political parties nominating or electing its candidates for public
office at the primary election; or

(b) The elector is registered as not being affiliated with any
political party and wishes to vote in the primary election of a major
political party that has provided under subsection (3) of this section
for a primary election that admits electors not affiliated with any
political party.

(2) Except as provided in ORS 254.470 (4), any elector offering to
vote at the primary election shall be given a ballot of the major
political party with which the elector is registered as being affiliated.
The elector shall not be given a ballot of any other political party at
that primary election. An elector not affiliated with any political party
and offering to vote at the primary election shall be given the ballot of
the major political party in whose primary election the elector wishes to
vote if that party has provided under subsection (3) of this section for
a primary election that admits electors not affiliated with any political
party. An elector not affiliated with any political party who is given a
ballot of the major political party associates with the party for the
purpose of voting in that primary election.

(3) Not later than the 90th day before the date of the primary
election, a major political party may file with the Secretary of State a
certified copy of the current party rule allowing an elector not
affiliated with any political party to vote in the party's primary
election. The party shall not repeal the rule as filed during the 90 days
before the primary election. The rule shall continue to be effective
after the date of the primary election until the party gives written
notice to the Secretary of State that the rule has been repealed. A party
rule under this subsection may limit the candidates for whom an elector
who is not affiliated with any political party may vote. The party rule
shall, however, allow any elector who is permitted to vote for the most
numerous branch of the Legislative Assembly to also vote in federal
legislative elections, consistent with section 2, Article I, and the
Seventeenth Amendment to the United States Constitution.

(4) If the primary election ballot includes city, county or
nonpartisan offices or measures, and it is given to an elector who is not
eligible to vote for party candidates, the ballot shall be marked
The
county clerk shall maintain:

(1) A monthly registration record of all electors registered as not
being affiliated with any political party;

(2) At each primary election, a record of the number of electors
who voted from each major political party;

(3) A record of all electors registered as not being affiliated
with any political party who vote in a primary election of a major
political party that has provided under ORS 254.365 for a primary
election that admits electors not affiliated with any political party; and

(4) A record of all electors registered as not being affiliated
with any political party who vote in the general election. [1987 c.719
§3; 1991 c.719 §52; 1993 c.713 §31; 1995 c.712 §63; 1999 c.999 §52] In a district where circuit judges are
elected at large and not for departments or positions, an elector may
vote for as many candidates as there are offices to be filled. [1979
c.190 §260](1) An elector before receiving a ballot shall sign the poll
book following the elector's name.

(2) If the residence address of a person in the poll book is not
correct because of an error in preparation of the poll book, the
chairperson of the election board shall ascertain the correct address
from the person by a statement made under oath or affirmation before the
election board. Thereafter a correction shall be made in the poll book.
[Formerly 250.645; 1981 c.142 §3](1) For purposes of ensuring that
electors do not vote more than once at the same election, for each
election not conducted by mail, the county clerk shall identify electors
who applied for an absentee ballot or whose applications as absent
electors remain valid under ORS 253.030 (5). Electors described in this
subsection shall be identified in poll books or in another manner
specified by the Secretary of State by rule.

(2) If an elector offers to vote at a polling place and the elector
is identified in the poll book or in another manner under subsection (1)
of this section as having applied for an absentee ballot for that
election or as an elector whose application as an absent elector remains
valid under ORS 253.030 (5), the elector may cast a ballot but the ballot
shall not be counted until the county clerk determines whether the
elector has voted more than once at the same election. The Secretary of
State shall adopt rules specifying procedures for the handling of ballots
cast under this subsection. This subsection shall operate in each county
at the discretion of the county clerk.

(3) If an elector applies for an absentee ballot after the poll
book is printed, any absentee ballot cast by the elector at the election
shall not be opened and counted until the county clerk determines whether
the elector cast a ballot at a polling place. [1999 c.1002 §3](1) The stub number of each official
ballot given an elector shall be recorded in the poll book opposite the
name of the elector or on the registration certificate of the elector.

(2) If an elector is permitted to vote only on certain offices or
measures, the chairperson of the election board shall determine on which
offices or measures the elector is qualified to vote, and shall note the
determination on the ballot and in the poll book or on the registration
certificate of the elector.

(3) An election board clerk shall enter in the poll book the name
and residence address of an elector who is permitted to vote but is not
listed in the poll book and is not voting under a registration
certificate.

(4) If an elector votes under a registration certificate, the
elector shall sign the certificate in view of the board clerk. The signed
certificate shall be considered part of the poll book. [Formerly 250.631](1) On receiving a ballot, the
elector shall retire to a compartment, shelf or table provided and mark
or punch the ballot. Except as provided in ORS 254.445, not more than one
person at one time shall be permitted to occupy a compartment, shelf or
table. No elector shall occupy the compartment, shelf or table longer
than five minutes. If the elector refuses to leave at the end of that
time, the board clerks may remove the elector. However, the clerks may
grant the elector a longer time.

(2) An elector shall not place on the ballot a sticker bearing the
name of a person, or use any other method or device, except writing, to
vote for a person whose name is not printed on the ballot.

(3) The elector, without exposing the contents of the ballot, shall
deliver the ballot to a board clerk. The ballot shall be deposited in the
ballot box by a clerk in the presence of the elector or by the elector.

(4) The ballot stub shall be removed from the ballot by a board
clerk at any time after the stub number of the ballot is recorded in the
poll book and before the ballot is deposited in the ballot box. [Formerly
250.655; 1995 c.607 §40](1) A person offering to vote and who claims to be
an elector, but for whom no evidence of active or inactive registration
can be found, shall be granted the right to vote in the manner provided
in this section.

(2) Whenever an elector updates a registration at a polling place
on the date of the election, the elector shall vote in the manner
provided in this section.

(3) An elector voting under this section shall complete and sign a
registration card.

(4) The elector shall insert the ballot into a small envelope
provided by the election board and then insert the small envelope into a
larger envelope. The larger envelope shall be deposited in the ballot
box. When the ballot box is opened, the larger envelopes shall be
segregated and not counted until the registration of the elector is
verified under this section.

(5) The county clerk shall determine if the elector is validly
registered to vote and if the vote was properly cast. The ballot shall be
counted only if the county clerk determines the registration of the
elector is considered active or inactive.

(6) A vote shall be counted only if the elector is qualified to
vote for the particular office or on the measure. [Formerly 247.205; 1999
c.410 §53] (1) Any elector whose name has
been changed may vote once in the precinct in which the elector is
registered under the elector's former name.

(2) If the elector votes at a polling place, the election board
clerk shall enter into the poll book the fact that the elector's name has
changed.

(3) Following the election, the registration of the elector shall
be considered inactive.

(4) In order to vote at subsequent elections the elector whose name
has changed must update the elector's registration. [1987 c.733 §12; 1993
c.713 §32; 1999 c.410 §54](1) This section applies only to elections conducted at
polling places.

(2) The election board, if requested, shall permit authorized
persons to be at the polling place to challenge persons offering to vote
and to watch the receiving and counting of votes. The authorization shall
be in writing, shall be signed by an officer or its county affiliate of a
political party, a candidate or the county clerk and shall be filed with
the board. The board shall permit only so many persons as challengers or
watchers under this subsection as will not interfere with an orderly
procedure at the polling place. [2001 c.805 §2]The county clerk, a
member of an election board or any elector shall challenge the ballot of
any person offering to vote whom the clerk, member or elector knows or
suspects not to be qualified as an elector. The clerk, member or elector
challenging the ballot shall make, under oath or affirmation before a
county clerk or member of an election board, a written and numbered
statement of challenge. The statement shall contain the name and
residence address of the challenger, the name of the person challenged
and a statement of the facts upon which the challenge is based. For an
election conducted by mail, a person's ballot may be challenged at any
time before the ballot is removed from its return envelope for
processing. [Formerly 250.350; 1981 c.142 §4; 1985 c.808 §38; 1991 c.14
§1; 1995 c.607 §81; 1999 c.410 §55](1) At elections held at polling
places, an election board clerk or elector present shall challenge any
person offering to vote whom the clerk or elector knows or suspects not
to be qualified as an elector. The person's right to vote may be
challenged at any time before the ballot is actually deposited in the
ballot box.

(2) A person offering to vote under subsection (1) of this section
shall complete and sign a written statement containing the name,
residence address and mailing address of the person and the oath or
affirmation required by this subsection. The statement shall be printed
on the larger envelope described in this section.

(3) The oath or affirmation shall be signed before any member of
the election board and shall state that the person is registered and
qualified to vote and that the person has not already voted at the same
election. If the person signs the statement, the person shall be
permitted to vote, subject to ORS 254.426. If the person does not sign
the statement, the person shall not be permitted to vote.

(4) A person voting a ballot challenged under this section shall
insert the ballot into a small envelope provided by the election board
and then insert the small envelope into a larger envelope. The written
statement of challenge shall be attached to the larger envelope. The
larger envelope shall be deposited in the ballot box. When the ballot box
is opened, the larger envelopes shall be segregated and not counted until
the registration of the person is verified. [1995 c.607 §83] (1) Whenever any person
votes a challenged ballot, the county clerk shall ensure that the ballot
offered by the person includes the number of the written statement of
challenge so that the ballot may be identified in any future contest of
the election.

(2) The county clerk shall examine the challenge and determine if
the person is validly registered to vote and if the vote was properly
cast. The ballot shall be counted only if the county clerk determines the
person is validly registered.

(3) The county clerk shall ensure that the information on the
numbered written statement is treated as confidential so that in the
event of a recount of votes it cannot be determined how any challenged
person voted.

(4) The registration of any person voting under this section and
ORS 254.415 shall be verified not later than the last business day prior
to the last day for the official certification of election results
required by ORS 254.545 (3) and 255.295 (1) in order for the vote of the
person to be counted. [1991 c.14 §3; 1993 c.713 §33; 1995 c.607 §82](1) Subject to ORS 254.485, no
person shall take an official ballot from the polling place, except a
board clerk may take a ballot to a handicapped elector offering to vote
immediately outside the polling place.

(2) An elector who does not vote the ballot before leaving the
polling place shall return the ballot to a board clerk. The clerk shall
write on the stub "Not voted" and initial the stub. The clerk then shall
treat the stub and the ballot as a spoiled ballot. The clerk shall draw a
line with pen and ink in the poll book across the signature of the
elector and write the words "Not voted." [Formerly 250.700](1) Any elector who is within the
county and, because of a physical disability or an inability to read or
write, is unable to mark or punch the ballot, upon request, shall receive
the assistance of two persons of different parties provided by the clerk
or of some other person chosen by the elector in marking or punching the
ballot. The persons assisting the elector shall ascertain the wishes of
the elector and assist the elector in voting the ballot accordingly, and
thereafter shall give no information regarding the vote.

(2) A person may not assist an elector under subsection (1) of this
section if the person:

(a) Is an employer of the elector or an agent of the employer; or

(b) Is an officer or agent of the union of which the elector is a
member.

(3) If the election is conducted at polling places:

(a) The board chairperson may require a declaration of disability
to be made by the elector under oath. Whenever an elector receives
assistance in this manner, a clerk shall make a notation of it in the
poll book following the name of the elector.

(b) When any elector, because of a physical disability or an
inability to read or write, is unable to sign the poll book, a clerk,
under supervision of the chairperson, shall enter the words "unable to
sign" in the place provided for the elector's signature.

(4) In preparing the ballot, an elector may use or copy a sample
ballot, which may be marked in advance to assist the elector in marking
or punching the official ballot. [Formerly 250.690; 1985 c.471 §11; 1999
c.410 §56] If an elector by accident or mistake spoils
a ballot, the elector, on returning the spoiled ballot, shall receive
another. If the elector spoils three ballots, it shall be conclusive
evidence that the elector is unable to prepare a ballot without
assistance. When the elector spoils a ballot and returns it, a board
clerk shall immediately destroy the spoiled ballot without anyone
inspecting its contents. The clerk then shall issue another ballot to the
elector, and write the number of the spoiled ballot on the stub of the
new ballot. A notation of spoiling of a ballot shall be made in the poll
book following the name of the elector. [Formerly 250.680; 1995 c.607 §41]Notwithstanding any provision of ORS 254.419
or 254.470:

(1) A county clerk may apply to the Secretary of State for approval
of any procedure to be used in lieu of the envelope procedures described
in ORS 254.419 or 254.470; and

(2) The Secretary of State, upon receiving an application under
subsection (1) of this section, may approve a procedure to be used in
lieu of the envelope procedures described in ORS 254.419 or 254.470 if
the Secretary of State determines that the procedure will provide
substantially the same degree of secrecy as ORS 254.419 or 254.470. [1995
c.607 §84]VOTING BY MAIL
ORS 254.465, 254.470, 254.472, 254.476, 254.480 and 254.482 apply only to
elections conducted by mail. [1999 c.410 §40; 2003 c.14 §121]The following rules apply to elections conducted by mail:

(1) An election held on the date of the primary or general election
shall be conducted by mail.

(2) A state election not described in subsection (1) of this
section may be conducted by mail. The Secretary of State by rule shall
direct that a state election authorized to be conducted by mail under
this subsection be conducted uniformly by mail or at polling places.

(3) A county clerk may conduct an election not described in
subsections (1) and (2) of this section by mail in the county, in a city
or in a district defined in ORS 255.012, under the supervision of the
Secretary of State. In deciding to conduct an election by mail, the
county clerk may consider requests from the governing body of the county,
city or district and shall consider whether conducting the election by
mail will be economically and administratively feasible.

(4) The Secretary of State shall adopt rules to provide for
uniformity in the conduct of state elections by mail. [1981 c.805 §1;
1983 c.199 §1; 1985 c.575 §1; 1987 c.267 §80; 1987 c.357 §2; 1991 c.719
§12; 1993 c.493 §§41,42; 1995 c.712 §64; 1999 c.3 §1; 1999 c.999 §53] (1) An
election by mail shall be conducted as provided in this section. The
Secretary of State may adopt rules governing the procedures for
conducting an election by mail.

(2) The Secretary of State by rule shall establish requirements and
criteria for the designation of places of deposit for the ballots cast in
the election. The rules shall also specify the dates and times the places
of deposit must be open and the security requirements for the places of
deposit. At a minimum, the places designated under this section shall be
open on the date of the election for a period of eight or more hours, but
must be open until at least 8 p.m. At each place of deposit designated
under this section, the county clerk shall prominently display a sign
stating that the location is an official ballot drop site.

(3)(a) Except as provided in paragraphs (b), (c) and (d) of this
subsection, the county clerk shall mail by nonforwardable mail an
official ballot with a return identification envelope and a secrecy
envelope not sooner than the 18th day before the date of an election
conducted by mail and not later than the 14th day before the date of the
election, to each active elector of the electoral district as of the 21st
day before the date of the election.

(b) Notwithstanding paragraph (a) of this subsection, if the county
clerk determines that an active elector of the electoral district as of
the 21st day before the date of the election does not receive daily mail
service from the United States Postal Service, the county clerk shall
mail by nonforwardable mail an official ballot with a return
identification envelope and a secrecy envelope to the elector not sooner
than the 20th day before the date of an election conducted by mail and
not later than the 18th day before the date of the election.

(c) Notwithstanding paragraph (a) of this subsection, the Secretary
of State by rule shall specify the date on which all ballots shall be
mailed for any state election conducted by mail under ORS 254.465 (2).

(d) Notwithstanding paragraph (a) of this subsection, in the case
of ballots to be mailed to addresses outside this state to electors who
are not long-term absent electors, the county clerk may mail the ballots
not sooner than the 29th day before the date of the election.

(4) For an election held on the date of a primary election:

(a) The county clerk shall mail the official ballot of a major
political party to each elector who is registered as being affiliated
with the major political party as of the 21st day before the date of the
election.

(b) The county clerk shall mail the official ballot of a major
political party to an elector not affiliated with any political party if
the elector has applied for the ballot as provided in this subsection and
that party has provided under ORS 254.365 for a primary election that
admits electors not affiliated with any political party.

(c) An elector not affiliated with any political party who wishes
to vote in the primary election of a major political party shall apply to
the county clerk in writing. The application shall indicate which major
political party ballot the elector wishes to receive. Except for electors
described in subsection (5) of this section, and subject to ORS 247.203,
the application must be received by the county clerk not later than 5
p.m. of the 21st day before the date of the election.

(d) If the primary election ballot includes city, county or
nonpartisan offices or measures, an elector not eligible to vote for
party candidates shall be mailed a ballot limited to those offices and
measures for which the elector is eligible to vote.

(5) For each elector who updates a voter registration after the
deadline in ORS 247.025, the county clerk shall make the official ballot,
the return identification envelope and the secrecy envelope available
either by mail or at the county clerk's office or at another place
designated by the county clerk. An elector to whom this subsection
applies must request a ballot from the county clerk.

(6) The ballot or ballot label shall contain the following warning:

___________________________________________________________________________
___



Any person who, by use of force or other means, unduly influences
an elector to vote in any particular manner or to refrain from voting is
subject to a fine.

___________________________________________________________________________
___



(7) Upon receipt of any ballot described in this section, the
elector shall mark the ballot, sign the return identification envelope
supplied with the ballot and comply with the instructions provided with
the ballot. The elector may return the marked ballot to the county clerk
by United States mail or by depositing the ballot at the office of the
county clerk, at any place of deposit designated by the county clerk or
at any location described in ORS 254.472 or 254.474. The ballot must be
returned in the return identification envelope. If the elector returns
the ballot by mail, the elector must provide the postage. A ballot must
be received at the office of the county clerk, the designated place of
deposit or at any location described in ORS 254.472 or 254.474 not later
than the end of the period determined under subsection (2) of this
section on the date of the election.

(8) An elector may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost or not received by the elector. Replacement
ballots shall be issued and processed as described in this section and
ORS 254.480. The county clerk shall keep a record of each replacement
ballot provided under this subsection. Notwithstanding any deadline for
mailing ballots in subsection (3) or (4) of this section, a replacement
ballot may be mailed, made available in the office of the county clerk or
made available at one central location in the electoral district in which
the election is conducted. The county clerk shall designate the central
location. A replacement ballot need not be mailed after the fifth day
before the date of the election.

(9) A ballot shall be counted only if:

(a) It is returned in the return identification envelope;

(b) The envelope is signed by the elector to whom the ballot is
issued; and

(c) The signature is verified as provided in subsection (10) of
this section.

(10) The county clerk shall verify the signature of each elector on
the return identification envelope with the signature on the elector's
registration card, according to the procedure provided by rules adopted
by the Secretary of State. If the county clerk determines that an elector
to whom a replacement ballot has been issued has voted more than once,
the county clerk shall count only one ballot cast by that elector.

(11) At 8 p.m. on election day, electors who are at the county
clerk's office, a site designated under subsection (2) of this section or
any location described in ORS 254.472 or 254.474 and who are in line
waiting to vote or deposit a voted ballot shall be considered to have
begun the act of voting. [1981 c.805 §2; 1983 c.199 §2; 1985 c.575 §2;
1987 c.357 §3; 1987 c.733 §7a; 1993 c.493 §44; 1995 c.607 §43; 1995 c.712
§65; 1995 c.742 §17; 1999 c.410 §57; 1999 c.999 §54a; 1999 c.1002 §11;
2001 c.104 §79; 2001 c.805 §7; 2001 c.965 §14; 2005 c.797 §47]The county clerk shall provide, at any location where
ballots are issued, at least three suitable compartments, shelves or
tables at which electors may mark their ballots. The arrangement of the
compartments, shelves or tables shall ensure that the elector may
conveniently mark the ballot with absolute secrecy. The compartments,
shelves or tables shall be available during the entire time that ballots
may be issued. [1999 c.410 §42] (1)
Notwithstanding ORS 254.465 (1), at each primary election and general
election, the county clerk shall maintain voting booths in the county as
follows:

(a) In each county with 35,000 or more electors in the county, the
county clerk shall maintain a number of voting booths equal to at least
one voting booth for every 20,000 electors in the county; and

(b) In each county with fewer than 35,000 electors in the county,
the county clerk shall maintain at least one voting booth.

(2) The county clerk may determine the location of the voting
booths required under this section. [1999 c.1002 §4; 1999 c.999 §54b]The county clerk may employ personnel as necessary to open
envelopes, prepare ballots for counting and count ballots. Such personnel
shall not all be members of the same political party. A person who is the
spouse, child, son-in-law, daughter-in-law, parent, mother-in-law,
father-in-law, sibling, brother-in-law, sister-in-law, aunt, uncle,
niece, nephew, stepparent or stepchild of a candidate on the ballot at an
election shall not be employed and may not serve as a volunteer in the
capacity described in this section. [1999 c.410 §41] Not
sooner than the seventh day before the date of an election, in
preparation for counting ballots delivered by mail, the county clerk may
begin opening return identification and secrecy envelopes of ballots
delivered by mail and received by the county clerk. The county clerk may
take any other actions that are necessary to allow the counting of
ballots delivered by mail to begin on election day. [1999 c.1002 §2; 2001
c.965 §15] (1) In
an election conducted by mail, an elector may obtain a replacement ballot
described in ORS 254.470 (8). To vote a replacement ballot, the elector
must complete and sign a replacement ballot request form. The request for
a replacement ballot may be made electronically, by telephone, in
writing, in person or by other means designated by the Secretary of State
by rule.

(2) The replacement ballot request form shall be mailed or made
available to the elector along with the replacement ballot.

(3) Upon receiving a request for a replacement ballot, the county
clerk shall:

(a) Verify the registration of the elector and ensure that another
ballot has not been returned by the elector;

(b) Note in the list of electors that the elector has requested a
replacement ballot;

(c) Mark the return identification envelope clearly so that it may
be readily identified as a replacement ballot; and

(d) Issue the replacement ballot by mail or other means.

(4) The completed and signed replacement ballot request form and
the voted replacement ballot must be received at the office of the county
clerk, a place of deposit designated by the county clerk or at any
location described in ORS 254.472 or 254.474 not later than the end of
the period determined under ORS 254.470 (2) on the date of the election.

(5) Upon receiving a voted replacement ballot, the county clerk
shall verify that a completed and signed replacement ballot request form
has been received by the county clerk or is included with the voted
replacement ballot. If a request form has been completed and signed by
the elector and received by the county clerk, the county clerk shall
process the ballot. If the request form is not completed or signed by the
elector or received by the county clerk, the county clerk may not process
the ballot. [2001 c.965 §27]After the date that ballots are mailed as
provided in ORS 254.470, the county clerk, if requested, shall permit
authorized persons to be at the office of the county clerk to watch the
receiving and counting of votes. The authorization shall be in writing,
shall be signed by an officer or its county affiliate of a political
party, a candidate or the county clerk and shall be filed with the county
clerk. The county clerk shall permit only so many persons as watchers
under this section as will not interfere with an orderly procedure at the
office of the county clerk. [2001 c.805 §3; 2005 c.797 §56]POST-ELECTION PROCEDURES
Immediately after the close of the polls:

(1) The names of electors who voted shall be counted and the number
written in the poll book.

(2) If the election board has unused ballots in its custody that
can be used for another election:

(a) The board, by an examination of the poll book, shall determine
the number of ballots voted and the number of ballots spoiled. These
totals shall be written in the poll book; and

(b) The board shall count the unused ballots in its custody and
shall write this number in the poll book.

(3) The election board shall destroy all unused ballots which are
printed or identified for a particular election.

(4) The board chairperson and clerks shall certify the accounting
as written in the poll book by signing the poll book.

(5) At a polling place in which ballot labels are used, the
election board shall seal the ballot labels closed.

(6) The county clerk shall destroy all unused absentee and regular
ballots in the county clerk's possession.

(7) Each county shall provide for the security of, and shall
account for, unused ballots. [Formerly 254.475]



(1) 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.

(2) 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 on the date of the election and prior to beginning the
tally of ballots. The test may be observed by persons described in ORS
254.235 (2). The county clerk shall certify the results of the test.

(3) If a vote tally system is used or if a counting board has been
appointed, the tally of ballots may begin before the polls close.

(4) If ballots are tallied by a counting board, after the tally has
begun it shall continue until completed. A counting board shall tally
without adjournment and in the presence of the clerks and persons
authorized to attend. However, the board may be relieved by another board
if the tally is not completed after 12 hours.

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

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

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

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

(7) 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. [1979 c.190 §270; 1995 c.607 §45;
1999 c.318 §37; 1999 c.410 §58; 2001 c.965 §23; 2005 c.731 §5; 2005 c.797
§68] The
election board, to tally ballots, shall use the tally sheets and two
copies of the return sheet. The completed sheets shall contain the
offices on the ballot, the number and name of each candidate who received
a vote, the total number of votes cast for each candidate and each
measure voted upon, and the total number of votes cast for and against
the measure. The tally and return sheets, when completed, shall be
certified correct by the election board which kept them. [Formerly
250.471] (1) This section governs the tally
of votes cast for persons whose names were not printed on the ballot but
are written in by electors. All such write-in votes for each office on
the ballot shall be tallied together, except as follows:

(a) If the total number of write-in votes for candidates for the
same nomination or office equals or exceeds the number of votes cast for
any candidate for the same nomination or office on the ballot who appears
to have been nominated or elected, the county clerk shall tally all
write-in votes cast for the office to show the total number of votes cast
for each write-in candidate.

(b) If no names of candidates are printed on the ballot for an
office, the county clerk shall tally the votes cast for each candidate
for the office who received a vote.

(2) No person other than the county clerk, a member of a counting
board or any other elections official designated by the county clerk may
tally write-in votes. [1985 c.508 §2; 1993 c.493 §45; 1995 c.607 §46;
1999 c.318 §38](1) Only official ballots shall be counted. Any vote from which
it is impossible to determine the elector's choice for the office or
measure shall not be counted. Any ballot that has a sticker or other
device in violation of ORS 254.405 (2) shall be void and shall not be
counted. Counting board clerks shall disregard misspelling or
abbreviations of the names of candidates if it can be ascertained from
the ballot for whom the vote was intended.

(2) When ballots are counted by counting boards, the board
chairperson, using ink, immediately shall initial the back of the wholly
or partially void ballot and write on it "Not counted for ______"
(stating the office or measure). The election board shall seal the wholly
void ballots in an envelope. [Formerly 250.510; 1999 c.410 §59]" Ballots marked
"Presidential only" may be counted only for the offices for which the
elector is entitled to vote. Votes on the ballot for other offices may
not be counted. [Formerly 250.520; 1999 c.410 §60; 2005 c.797 §57](1) Immediately after the tally of votes:

(a) The board chairperson shall count the regular and absentee
ballots either tallied or rejected, and write the number in the poll
book. The number shall be certified as correct by board members.

(b) If all votes cast at the polling place are tallied there, the
election board shall post one copy of the return sheet in a prominent
location outside the polling place.

(c) The election board shall deliver under seal to the county clerk
one copy of the return sheet, the tally sheet, ballots, ballot stubs,
ballot boxes and written challenge statements. The board also shall
deliver the other equipment to the county clerk.

(2) 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 after all the ballots are tallied but before the final
results of the election are certified or before the vote tally system is
shut down. The test may be observed by persons described in ORS 254.235
(2). The county clerk shall certify the results of the test. [1979 c.190
§274; 1993 c.713 §36; 1999 c.410 §61; 2001 c.965 §24]
(1) Except as provided in subsection (3) of this section, each poll book,
tally sheet, return sheet and ballot return identification envelope shall
be preserved for two years after the election to which it relates.

(2) Except as provided in subsection (3) of this section, the
county clerk shall destroy the ballots, ballot stubs and written
challenge statements not sooner than the 90th day after the final day
permitted for a contest of the election, unless otherwise ordered by the
court.

(3) In accordance with 42 U.S.C. 1974, any ballot, voter
registration records and any other materials relating to any election at
which a candidate is nominated or elected to federal office shall be
retained for not less than 22 months following the date of the election.
[1979 c.190 §275; 1999 c.410 §62] Subject to ORS
254.548, the county clerk:

(1) As soon as possible after any election, shall prepare abstracts
of votes. The abstract for election of Governor shall be on a sheet
separate from the abstracts for other offices and measures.

(2) On completion of the abstracts, shall record a complete summary
of votes cast in the county for each office, candidate for office and
measure. The county clerk shall sign and certify this record.

(3) Not later than the 20th day after the election, shall deliver a
copy of the abstracts for other than county offices to the appropriate
elections officials. The abstract for election of Governor shall be
delivered separately to the Secretary of State as provided in section 4,
Article V, Oregon Constitution.

(4) Not later than the 30th day after the election, shall proclaim
which county measure is paramount, if two or more approved county
measures contain conflicting provisions.

(5) Shall prepare and deliver a certificate of nomination or
election to each candidate having the most votes for nomination for or
election to county or precinct offices.

(6) Shall prepare, and file with the county governing body, a
certificate stating the compensation to which the board clerks are
entitled. The county governing body shall order the compensation paid by
county funds. [1979 c.190 §276; 1987 c.267 §52; 1995 c.712 §66; 1999
c.410 §63; 1999 c.999 §55; 2005 c.157 §2; 2005 c.797 §48](1) In the case of a recall
election held on a date other than the date of the primary election or
general election, the county clerk shall prepare an abstract of the votes
and deliver it to the elections official authorized to order the recall
election not later than the 20th day after the election.

(2) Except as provided in subsection (3) of this section, for
purposes of section 18, Article II, Oregon Constitution, the result of
the recall election referred to in subsection (1) of this section shall
be considered officially declared on the date the abstract of the votes
is delivered.

(3) If the elections official authorized to order the recall
election is the Secretary of State, the Secretary of State shall
officially declare the result of the election not later than the 30th day
after the election. [1999 c.318 §36; 2005 c.797 §49](1) An individual nominated or elected to a public office by
write-in votes shall sign and file a form indicating that the individual
accepts the nomination or office before the filing officer may issue a
certificate of nomination or election. The Secretary of State by rule
shall prescribe the form to be used under this section.

(2) In the case of an individual nominated or elected by write-in
votes to a public office:

(a) Not later than the 30th day after the election, the filing
officer shall prepare and deliver the form described in subsection (1) of
this section to the individual;

(b) Not later than the 45th day after the election, if the
individual accepts the nomination or office, the individual shall sign
and file the form with the filing officer; and

(c) Not later than the 50th day after the election, if the
individual files the form by the deadline specified in paragraph (b) of
this subsection, the filing officer shall prepare and deliver a
certificate of nomination or election to the individual and, if
applicable, issue a proclamation declaring the election of the candidate
to the office. [1991 c.719 §56; 2005 c.157 §1](1) Except as provided in ORS 254.548, not later than the
30th day after any election, the Secretary of State, regarding offices
for which the secretary receives filings for nomination, shall:

(a) Canvass the votes for the offices, except the office of
Governor after the general election.

(b) Enter in a register of nominations after the primary election
the name and, if applicable, major political party of each candidate
nominated, the office for which the candidate is nominated, and the date
of entry.

(c) Prepare and deliver a certificate of nomination or election to
each candidate having the most votes for nomination for or election to
the office. The Secretary of State shall sign the certificate under the
seal of the state.

(d) Issue a proclamation declaring the election of candidates to
the offices.

(2) Not later than the 30th day after the election:

(a) The Secretary of State, regarding measures for which the
secretary as the filing officer, shall canvass the votes for each measure.

(b) The Governor shall issue a proclamation giving the number of
votes cast for or against each such measure, and declaring the approved
measures as the law on the effective date of the measure. If two or more
approved measures contain conflicting provisions, the Governor shall
proclaim which is paramount. [1979 c.190 §277; 1987 c.267 §53; 1995 c.712
§67; 1997 c.249 §76; 1999 c.999 §56; 2005 c.157 §3] Subject to
ORS 254.548, the chief city elections officer:

(1) After the primary election, shall enter in a register of
nominations:

(a) The name of each candidate for city office nominated at the
primary election.

(b) The office for which the candidate is nominated.

(c) If applicable, the name of the major political party nominating
the candidate.

(d) The date of the entry.

(2) After the general election, shall prepare and deliver a
certificate of election to each qualified candidate having the most votes
for election to a city office.

(3) Not later than the 30th day after any election, shall canvass
the vote on each city measure, and if two or more of the approved
measures contain conflicting provisions, proclaim which is paramount.
[Formerly 249.491; 1987 c.267 §54; 1995 c.712 §68; 1999 c.318 §39; 2005
c.157 §4]When a candidate elected to public office is required by law to
take, file, subscribe or indorse an oath of office before entering upon
the duties of the office, the candidate shall not take, file, subscribe
or indorse the oath until the candidate has been granted a certificate of
election. [1993 c.493 §101] 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.
[1979 c.190 §279; 2001 c.965 §43]SPECIAL ELECTION IN CASE OF DEATH OF NOMINEE(1) If the Secretary
of State determines that a vacancy exists in the nomination of a
candidate of a major political party for state office, that the vacancy
is due to the death of the candidate and that the vacancy occurred after
the 30th day before the date of the general election:

(a) The election for that state office may not be held at the
general election;

(b) The county clerks may not count ballots cast for candidates for
that state office at the general election; and

(c) The Secretary of State shall order a special election as
provided in ORS 254.655.

(2) The candidates listed on the ballot at the special election
shall be:

(a) The candidates who were listed on the general election ballot,
other than the candidate whose nomination became vacant; and

(b) The candidate selected to fill the vacancy in the nomination as
provided in ORS 249.190 or 249.205.

(3) As used in this section "state office" means the office of
Governor, Secretary of State, State Treasurer, Attorney General, state
Senator or state Representative. [2003 c.542 §2] (1) If the Secretary
of State determines that a special election is necessary under ORS
254.650, the secretary shall issue an order calling the election. The
secretary shall issue the order not later than the fifth business day
after the date of the general election.

(2) The date of the special election shall be determined by the
Secretary of State by rule. The special election shall be held not sooner
than January 2 of the odd-numbered year following the date of the general
election and not later than the Friday before the second Monday in
January of the odd-numbered year.

(3) Notwithstanding ORS 254.465, the special election shall be held
by mail as provided in ORS 254.470.

(4) There shall be no state voters' pamphlet for any special
election called under this section. [2003 c.542 §3] (1) Notwithstanding ORS
253.045 and 253.065, for a special election called under ORS 254.655,
long-term absentee ballots shall be mailed not later than the 30th day
before the date of the election. County clerks shall make other absentee
ballots available not later than the 28th day before the date of the
special election.

(2) Notwithstanding ORS 254.545, not later than 5 p.m. of the third
day after the date of the special election, the county clerk shall
deliver to the Secretary of State a copy of the abstracts for the offices
voted upon at the special election. The abstract for election of Governor
shall be delivered separately to the secretary as provided in section 4,
Article V of the Oregon Constitution.

(3) Notwithstanding ORS 253.135, not later than 5 p.m. of the first
day after the date of the special election, a county clerk who received a
ballot originating in another county shall forward the ballot by
overnight mail or delivery or by the most expeditious means available to
the county clerk of the county from which the ballot originated.

(4) Notwithstanding ORS 254.555, not later than 5 p.m. of the
fourth business day after the date of the special election, the Secretary
of State shall issue a proclamation declaring the election of candidates
to offices or shall order recounts of the votes cast as provided in ORS
258.280.

(5)(a) Notwithstanding ORS 258.161, a recount may not be conducted
for any special election under this section unless the recount is
required by ORS 258.280.

(b) If a recount for any special election is required by ORS
258.280, the Secretary of State shall complete the recount as
expeditiously as possible to minimize disruption to the sessions of the
Legislative Assembly and shall issue a proclamation declaring the
election of a candidate to office upon completion of the recount.

(6) The cost of all special elections called under ORS 254.655
shall be paid by the state.

(7) The ballot at a special election described in this section may
not contain:

(a) Any measure; or

(b) Any candidate other than those candidates for which a special
election is necessary.

(8) If there is a vacancy in the nomination of a candidate at a
special election called under ORS 254.655, the vacancy in the nomination
shall be filled in the manner provided in ORS chapter 249 and the special
election shall be held as scheduled.

(9) When the office of state Senator or state Representative is
vacant at the beginning of a session of the Legislative Assembly due to a
special election called under ORS 254.655, the vacancy may not be filled
as provided in ORS 171.051 unless, before entering upon the duties of the
office to which the person was elected, the person elected at the special
election dies, resigns or is declared disqualified by the house to which
the person was elected.

(10) The Secretary of State may adopt rules governing the
procedures for conducting a special election required by ORS 254.650.
[2003 c.542 §4]

_______________

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