ORS Chapter 254

Chapter 254 — Conductof Elections

2009 EDITION

CONDUCTOF ELECTIONS

ELECTIONS

GENERALPROVISIONS

254.005 Definitions

254.016 Electionsconducted under this chapter

254.025 Constructionof statutes applicable to primary elections

254.035 Timeand place of elections for city officers

254.046 Expenseof city election

254.056 Dateand purpose of general election and primary election

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

254.068 Simulatedelection for individuals under 18 years of age

254.071 Informationregarding ballot format and method of voting ballot

254.074 Countyelections security plan

PREPARATORYPROCEDURES

254.076 Registerof candidates for nomination

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

254.095 Cityelections officers’ statements of offices, candidates and measures

254.098 Expensesfor change in information filed under ORS 254.085 or 254.095

254.103 Filingof measures referred by county governing body

254.108 Numberingcounty, city and district measures; rules

254.115 Officialprimary election ballot

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

254.135 Officialgeneral or special election ballots

254.145 Designand contents of official ballots

254.155 Orderof candidate names on ballot

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

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

254.185 Printingor furnishing of ballots by county clerk

254.195 Ballotspecifications

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

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

VOTING

254.365 Votingat primary election by major party members and nonaffiliated electors

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

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

254.411 Votingafter name change

254.415 Challengingballot of person offering to vote; statement of challenge

254.426 Procedureon challenged ballot

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

254.458 Alternativesto secrecy envelope procedures

254.465 Electionsto be conducted by mail; rules

254.470 Proceduresfor conducting election by mail; rules

254.471 Extensionof deadline for returning ballots in case of emergency

254.472 Compartmentsfor marking ballots

254.474 Votingbooths for primary and general elections

254.476 Personnelfor counting ballots

254.478 Preparationfor counting ballots; scanning ballots into vote tally system

254.480 Replacementballots

254.482 Personsauthorized to watch receiving and counting of votes

POST-ELECTIONPROCEDURES

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

254.485 Tallyof ballots; test of vote tally system

254.495 Tallyand return sheets; counting and tallying ballots

254.500 Tallyof write-in votes

254.505 Ballotsto be counted; void ballots; partially void ballots

254.515 Countingballots marked “Presidential only”

254.525 Testof vote tally system

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

254.535 Preservationof certain materials; retention of records

254.545 Dutiesof county clerk after election

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

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

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

254.565 Dutiesof city elections officer after election

254.568 Certificateof election required before taking oath of office

254.575 Procedurewhen tie vote

SPECIALELECTION IN CASE OF DEATH OF NOMINEE

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

254.655 Ordercalling special election; date

254.660 Conductof special election; rules

GENERALPROVISIONS

254.005Definitions.As used in this chapter:

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

(2)“Chief elections officer” means the:

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

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

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

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

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

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

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

(a)A proposed law.

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

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

(d)Local, special or municipal legislation.

(e)A proposition or question.

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

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

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

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

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

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

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

254.010 [Repealed by1957 c.608 §231]

254.015 [1973 c.283 §4;1977 c.487 §1; repealed by 1979 c.190 §431]

254.016Elections conducted under this chapter. Any primary election, general electionor special election held in this state shall be conducted under the provisionsof this chapter, unless specifically provided otherwise in the statute laws ofthis state. [1979 c.190 §225; 1983 c.350 §69a; 1995 c.712 §51; 1999 c.999 §45]

254.020 [Repealed by1957 c.608 §231]

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

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

254.030 [Amended by1957 c.608 §167; 1961 c.80 §1; 1969 c.42 §1; repealed by 1979 c.190 §431]

254.035Time and place of elections for city officers. (1) It is theintention of the Legislative Assembly to carry out the provisions of section14a, Article II, Oregon Constitution.

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

254.040 [Amended by1957 c.608 §168; 1959 c.177 §2; 1967 c.141 §1; 1969 c.42 §2; repealed by 1973 c.392§1 (254.042 enacted in lieu of 254.040)]

254.042 [1973 c.392 §2(enacted in lieu of 254.040); 1975 c.627 §1; 1977 c.487 §2; repealed by 1979c.190 §431]

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

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

254.050 [Repealed by1957 c.608 §231]

254.055 [1973 c.481 §2;1979 c.190 §145; 1979 c.345 §3; renumbered 250.065]

254.056Date and purpose of general election and primary election. (1) The generalelection shall be held on the first Tuesday after the first Monday in Novemberof each even-numbered year. Except as provided in ORS 254.650, at the generalelection officers of the state and subdivisions of the state, members ofCongress and