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