ORS Chapter 246
TITLE 23
ELECTIONS
Chapter 246. Administrationof Election Laws; Vote Recording Systems
247. Qualificationand Registration of Electors
248. PoliticalParties; Presidential Electors
249. Candidates;Recall
250. Initiativeand Referendum
251. Voters’Pamphlet
253. AbsentElectors
254. Conductof Elections
255. SpecialDistrict Elections
258. ElectionContests; Recounts
259. CampaignFinance
260. CampaignFinance Regulation; Election Offenses
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Chapter 246 — Administrationof Election Laws; Vote Recording Systems
2009 EDITION
ELECTIONLAWS; VOTE RECORDING SYSTEMS
ELECTIONS
GENERALPROVISIONS
246.012 Definitions
246.021 Timewithin which election documents must be received by elections officer;electronic facsimile transmissions; electronic campaign finance statements
246.025 Useof signature stamp by person with disability
246.046 Secretaryof State and county clerks to seek out evidence of violations
SECRETARYOF STATE
246.110 Secretaryof State as chief elections officer
246.120 Directives,instructions and assistance to county clerks
246.140 Electionlaw conferences for county clerks
246.150 Rules
246.160 Compilationsand digests of election laws; distribution of supplies and materials to countyclerks and others
246.170 Depositof moneys received under ORS 246.160 in Secretary of State MiscellaneousReceipts Account
246.179 Reimbursementof county clerk for special elections for United States Senator orRepresentative and for recall elections involving state office
246.185 ElectionsFund
246.190 HelpAmerica Vote Act complaint procedures; rules
COUNTYCLERK
246.200 Countyclerk to conduct elections; exceptions
246.210 Countyclerk to supervise local elections officials
246.245 Notificationto county clerk when city boundary changed
246.250 Personnel;equipment, materials and facilities; payment of expenses; administering oaths
246.270 Officehours of county clerk on election days
PRECINCTS
246.410 Establishmentand modification of precincts; maximum number of electors in precinct
VOTERECORDING SYSTEMS
246.520 Applicablelaws; conflicting laws and ordinances inapplicable
246.530 Adoption,purchase or procurement of equipment; use thereafter
246.540 Jointpurchase, maintenance and use
246.550 Examinationand approval of equipment by Secretary of State
246.560 Requirementsfor approval of equipment
246.565 Auditof computerized voting system by Secretary of State; copy of instructions foroperation and maintenance; maintenance log
246.570 Saleof vote recording systems to counties; security interest
246.580 Contentof vote recording system sale agreement
246.590 Loansfrom State Treasurer for purchase of voting equipment or computers; VotingMachine Account
246.600 Depositsin Voting Machine Account; repayment to State Treasurer
COMPELLINGOFFICERS, OFFICIALS TO PERFORM DUTIES
246.820 Orderto compel county clerk, city elections officer or elections official to complywith interpretation, rule, directive or instruction
APPEALSFROM OFFICERS, OFFICIALS
246.910 Appealfrom Secretary of State, county clerk or other elections official to courts;deadline for filing
246.010 [Repealed by1957 c.608 §231]
246.011 [1957 c.608 §1;1975 c.675 §1; repealed by 1979 c.190 §431]
GENERALPROVISIONS
246.012Definitions.As used in this chapter:
(1)“Ballot” means any material on which votes may be cast for candidates ormeasures.
(2)“County clerk” means the county clerk or the county official in charge ofelections.
(3)“County governing body” means the county court sitting for the transaction ofcounty business or the board of county commissioners.
(4)“Election” means any election held within this state.
(5)“Elector” means an individual qualified to vote under section 2, Article II,Oregon Constitution.
(6)“Governing body” means the governing body of any subdivision of the state.
(7)“Local elections official” means any person who is:
(a)An official of any election precinct or special district or public corporationorganized for public purposes; and
(b)Authorized or required by law to perform functions in connection with electionsheld in the election precinct or special district or public corporationorganized for public purposes.
(8)“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.
(9)“Precinct” means any election precinct.
(10)“Vote tally system” means one or more pieces of equipment necessary to examineand tally automatically the marked ballots.
(11)“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 §1; 1983 c.392 §2; 2005 c.731 §1; 2005c.797 §64]
246.015 [1999 c.410 §2;repealed by 2007 c.154 §67]
246.020 [Repealed by1957 c.608 §231]
246.021Time within which election documents must be received by elections officer;electronic facsimile transmissions; electronic campaign finance statements. (1) Except asprovided in ORS 247.012 and subsection (2) of this section, an electiondocument and an accompanying payment of fees required to be filed with theSecretary of State, county clerk or other filing officer must be delivered toand actually received at the office of the designated officer not later than 5p.m. of the day the document or fee is due or, if the day due is a Saturday,Sunday or holiday, on the next business day.
(2)If, at 5 p.m. of the day an election document is due, an individual isphysically present in the office of the secretary, county clerk or other filingofficer and in line waiting to deliver the document, the individual isconsidered to have begun the act of delivering the document and is permitted tofile it.
(3)Except as provided in ORS 253.690, any election document required to be filedwith the filing officer other than ballots, voter registration cards orpetitions requiring signatures of electors may also be filed by means of anelectronic facsimile transmission machine. If an election document is requiredto be filed by a specified time, the entire document must be received in theoffice of the filing officer not later than 5 p.m. of the day the document isdue or, if the day due is a Saturday, Sunday or holiday, on the next businessday.
(4)Notwithstanding any provision of subsections (1) to (3) of this section, if astatement is required to be filed electronically under ORS 260.057:
(a)The statement must be received electronically at the office of the Secretary ofState not later than 11:59 p.m. of the day the statement is due or, if the daydue is a Saturday, Sunday or holiday, on the next business day; and
(b)The Secretary of State may not accept the filing of the statement in any formother than an electronic format.
(5)As used in this section, “election document” includes, but is not limited to, adeclaration of candidacy for nomination for public or political party office,completed nominating petitions, statements and portraits for voters’ pamphlets,statements of election campaign contributions and expenditures, and initiative,referendum or recall petitions. [Formerly 246.510; 1967 c.228 §1; 1979 c.190 §2;1991 c.719 §4; 1993 c.713 §27; 1999 c.824 §9; 2005 c.809 §46; 2007 c.570 §5;2008 c.41 §2; 2009 c.619 §3]
246.025Use of signature stamp by person with disability. (1) A personwith a disability who is unable because of the disability to sign any electiondocument, including a voter registration card or ballot return envelope, mayuse a signature stamp or other indicator of the person’s signature, asspecified by the Secretary of State by rule, whenever the signature of theperson is required under any election law.
(2)A person who desires to use a signature stamp or other indicator of the person’ssignature as described in subsection (1) of this section shall attest that the personneeds to use the stamp or indicator due to a disability. The attestation shallbe made at the time the person registers to vote or updates a registration andshall be made on a form designed and supplied by the Secretary of State. [1997c.189 §2; 2007 c.154 §2]
246.030 [Repealed by1957 c.608 §231]
246.035 [1965 c.527 §4;repealed by 1971 c.267 §16]
246.040 [Repealed by1957 c.608 §231]
246.045 [1967 c.338 §§2,3;1975 c.675 §2; 1979 c.190 §391; renumbered 260.705]
246.046Secretary of State and county clerks to seek out evidence of violations. The Secretaryof State and each county clerk shall diligently seek out any evidence ofviolation of any election law. [Formerly 260.325]
246.050 [Repealed by1957 c.608 §231]
246.055 [1973 c.154 §1;repealed by 1979 c.190 §431]
246.060 [Repealed by1957 c.608 §231]
246.070 [Repealed by1957 c.608 §231]
246.080 [Repealed by1957 c.608 §231]
246.090 [Repealed by1957 c.608 §231]
246.100 [Repealed by1957 c.608 §231]
SECRETARYOF STATE
246.110Secretary of State as chief elections officer. The Secretaryof State is the chief elections officer of this state, and it is the secretary’sresponsibility to obtain and maintain uniformity in the application, operationand interpretation of the election laws. [1957 c.608 §2; 1979 c.190 §5; 1995c.607 §1]
246.120Directives, instructions and assistance to county clerks. In carrying outthe responsibility under ORS 246.110, the Secretary of State shall prepare anddistribute to each county clerk detailed and comprehensive written directives,and shall assist, advise and instruct each county clerk, on registration ofelectors and election procedures which are under the direction and control ofthe county clerk. The directives and instructions shall include relevant sampleforms of ballots, documents, records and other materials and supplies requiredby the election laws. A county clerk affected thereby shall comply with thedirectives or instructions. [1957 c.608 §3; 1965 c.464 §1; 1979 c.190 §6]
246.130 [1957 c.608 §4;repealed by 1979 c.190 §431]
246.140Election law conferences for county clerks. (1) In carrying out theresponsibility under ORS 246.110, the Secretary of State, not later thanDecember 31 following the date of adjournment of the regular session of theLegislative Assembly, shall organize and conduct at convenient places and timesin this state at least three conferences on the administration of the electionlaws.
(2)The Secretary of State shall give written notice of the place and time of eachconference to each county clerk.
(3)Each county clerk or designated deputy shall attend at least one of theconferences and shall comply with the instructions given under the authority ofthe Secretary of State at each conference the county clerk or deputy attends. [1957c.608 §5; 1959 c.263 §1; 1979 c.190 §7; 1983 c.567 §3; 1991 c.719 §19; 2001c.965 §49]
246.150Rules.The Secretary of State may adopt rules the secretary considers necessary tofacilitate and assist in achieving and maintaining a maximum degree ofcorrectness, impartiality and efficiency in administration of the electionlaws. [1957 c.608 §8; 1979 c.190 §8; 1985 c.448 §1]
246.160Compilations and digests of election laws; distribution of supplies andmaterials to county clerks and others. The Secretary of State shall:
(1)Prepare and print, in appropriate and convenient form, periodic compilationsand digests of the state election statutes.
(2)Distribute in appropriate quantities to the county clerks for use by the countyclerks copies of the compilations and digests and any supplies and materialsnecessary to the conduct of elections as the Secretary of State considersappropriate.
(3)Make the compilations and digests available for distribution, free or at cost,to interested persons. [1957 c.608 §125; 1963 c.455 §1; part renumbered246.170; 1979 c.190 §9; 1991 c.719 §46; 2007 c.154 §3]
246.170Deposit of moneys received under ORS 246.160 in Secretary of State MiscellaneousReceipts Account.All moneys received by the Secretary of State under ORS 246.160 shall bedeposited into the Secretary of State Miscellaneous Receipts Accountestablished under ORS 279A.290. All moneys received by the Secretary of Stateunder ORS 246.160 and deposited in the account are appropriated continuously tothe Secretary of State for the payment of expenses incurred in performing thefunctions described in ORS 246.160. [Formerly part of 246.160; 1973 c.162 §3;1979 c.190 §10; 1995 c.144 §7; 2003 c.794 §220]
246.179Reimbursement of county clerk for special elections for United States Senatoror Representative and for recall elections involving state office. (1)Notwithstanding ORS 246.250, the Secretary of State shall reimburse each countyclerk for necessary expenses of an election described in subsection (2) of thissection based on a claim filed by the county clerk and approved by theSecretary of State. The claim shall be made on a form designed by the Secretaryof State. The Secretary of State shall make the reimbursement from funds madeavailable to the Secretary of State by the Emergency Board.