Oregon Statutes - Chapter 254 - Conduct of Elections

• 254.005   Definitions.
  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...
• 254.007   [1999 c.410 §39; 2001 c.805 §4; repealed by 2007 c.154 §67]
• 254.010   [Repealed by 1957 c.608 §231]
• 254.015   [1973 c.283 §4; 1977 c.487 §1; repealed by 1979 c.190 §431]
• 254.016   Elections conducted under this chapter.
  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...
• 254.020   [Repealed by 1957 c.608 §231]
• 254.025   Construction of statutes applicable to primary elections.
  (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)...
• 254.030   [Amended by 1957 c.608 §167; 1961 c.80 §1; 1969 c.42 §1; repealed by 1979 c.190 §431]
• 254.035   Time and place of elections for city officers.
  (1) It is the intention of the Legislative Assembly to carry out the provisions of section 14a, Article II, Oregon Constitution. (2) All elections for...
• 254.040   [Amended by 1957 c.608 §168; 1959 c.177 §2; 1967 c.141 §1; 1969 c.42 §2; repealed by 1973 c.392 §1 (254.042 enacted in lieu of 254.040)]
• 254.042   [1973 c.392 §2 (enacted in lieu of 254.040); 1975 c.627 §1; 1977 c.487 §2; repealed by 1979 c.190 §431]
• 254.045   [1967 c.141 §§3,4; repealed by 1973 c.392 §4]
• 254.046   Expense of city election.
  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...
• 254.050   [Repealed by 1957 c.608 §231]
• 254.055   [1973 c.481 §2; 1979 c.190 §145; 1979 c.345 §3; renumbered 250.065]
• 254.056   Date and purpose of general election and primary election.
  (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...
• 254.060   [Amended by 1953 c.359 §4; 1957 c.608 §169; 1967 c.364 §1; 1967 s.s. c.3 §1; 1973 c.481 §1; repealed by 1979 c.190 §431]
• 254.065   Person receiving most votes nominated or elected; measure adopted by majority of votes; when measure conflicts.
  (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...
• 254.068   Simulated election for individuals under 18 years of age.
  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...
• 254.069   Participation in more than one nominating process for partisan public office.
  (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)...
• 254.070   [Amended by 1953 c.359 §4; 1957 c.608 §170; 1967 c.634 §7; 1973 c.481 §3; 1977 c.468 §1; repealed by 1979 c.190 §431]
• 254.071   Information regarding ballot format and method of voting ballot.
  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...
• 254.073   [1967 c.364 §3; 1967 s.s. c.3 §2; 1977 c.468 §2; 1979 c.190 §146; 1979 c.345 §14; renumbered 250.075]
• 254.074   County elections security plan.
  (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...
• 254.075   [1967 c.364 §4; repealed by 1967 s.s. c.3 §4]
• 254.076   Register of candidates for nomination.
  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...
• 254.077   [1967 c.364 §6; 1967 s.s. c.3 §3; 1973 c.481 §4; 1977 c.468 §3; 1979 c.190 §147; 1979 c.345 §5; renumbered 250.085]
• 254.080   [Amended by 1953 c.359 §4; 1957 c.608 §171; repealed by 1967 c.364 §8]
• 254.083   [1967 c.364 §6; repealed by 1967 s.s. c.3 §4]
• 254.085   Secretary of State’s statement of offices, candidates and measures.
  (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...
• 254.090   [Amended by 1953 c.632 §6; repealed by 1979 c.190 §431]
• 254.095   City elections officers’ statements of offices, candidates and measures.
  (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...
• 254.098   Expenses for change in information filed under ORS 254.085 or 254.095.
  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...
• 254.100   [Amended by 1953 c.632 §6; 1957 c.608 §172; repealed by 1979 c.190 §431]
• 254.103   Filing of measures referred by county governing body.
  (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...
• 254.104   [1953 c.632 §7; repealed by 1979 c.190 §431]
• 254.105   [1969 c.299 §§1,2; repealed by 1979 c.190 §431]
• 254.106   [1953 c.632 §5; 1957 c.608 §173; repealed by 1979 c.190 §431]
• 254.107   [Formerly 250.070; 1981 c.639 §3; repealed by 1983 c.567 §22]
• 254.108   Numbering county, city and district measures; rules.
  (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,...
• 254.110   [Repealed by 1979 c.190 §431]
• 254.115   Official primary election ballot.
  (1) The official primary election ballot shall be styled “Official Primary Nominating Ballot for the _____ Party.” and shall state: (a) The name of the...
• 254.118   [1995 c.712 §58; repealed by 1999 c.999 §59]
• 254.120   [Amended by 1957 c.608 §174; 1979 c.317 §12; repealed by 1979 c.190 §431]
• 254.125   Nominating ballot for candidates to nonpartisan office; listing of candidates for judge at primary and general elections; use of term “incumbent.”
  (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...
• 254.130   [Amended by 1957 c.608 §175; 1959 c.457 §7; 1975 c.766 §5a; 1979 c.317 §13; repealed by 1979 c.190 §431]
• 254.135   Official general or special election ballots.
  (1) The official general or special election ballot shall be styled “Official Ballot” and shall state: (a) The name of the county for which it...
• 254.140   [Amended by 1957 c.608 §176; 1973 c.392 §3; repealed by 1979 c.190 §431]
• 254.145   Design and contents of official ballots.
  (1)(a) Except as provided in paragraph (b) of this subsection, the names of candidates for nomination for or election to each office shall be arranged...
• 254.150   [Amended by 1979 c.316 §14; repealed by 1979 c.190 §431]
• 254.155   Order of candidate names on ballot.
  (1) Not later than the 69th day before the date of any election the Secretary of State shall complete a random ordering of the letters...
• 254.160   [Amended by 1957 c.608 §177; 1979 c.190 §142; renumbered 250.025]
• 254.165   Adjusting ballot when vacancy occurs; notice to Secretary of State; exception.
  (1) If the filing officer determines that a candidate has died, withdrawn or become disqualified, or that the candidate will not qualify in time for...
• 254.170   [Amended by 1957 c.608 §178; repealed by 1979 c.190 §431]
• 254.175   Providing ballot title and financial estimates in lieu of printing on ballot; statements in recall elections.
  (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...
• 254.180   [Amended by 1953 c.150 §2; 1957 c.608 §179; 1979 c.190 §151; renumbered 250.125]
• 254.185   Printing or furnishing of ballots by county clerk.
  The county clerk shall print or furnish all the required ballots and shall provide them for use by electors in the county. Only ballots printed...
• 254.190   [Repealed by 1979 c.190 §431]
• 254.195   Ballot specifications.
  (1) Official ballots shall be printed in black ink upon good quality material. The primary election ballots shall be of different colors for the major...
• 254.200   [Repealed by 1957 c.608 §231]
• 254.205   [Formerly 250.121; 1989 c.171 §34; 1989 c.773 §1; 1991 c.107 §11; 1995 c.607 §§39,39a; 1999 c.999 §50; repealed by 2007 c.154 §67]
• 254.210   [Amended by 1957 c.608 §180; 1965 c.290 §1; 1973 c.712 §1; 1975 c.766 §19; 1979 c.190 §190; renumbered 251.205]
• 254.215   [Formerly 250.150; 1989 c.503 §15; repealed by 2007 c.154 §67]
• 254.220   [Amended by 1957 c.608 §181; 1965 c.290 §2; repealed by 1973 c.712 §2 (254.222 enacted in lieu of 254.220)]
• 254.222   [1973 c.712 §3 (enacted in lieu of 254.220); 1975 c.766 §20; 1979 c.190 §191; renumbered 251.215]
• 254.225   [1975 c.766 §28; 1979 c.190 §192; renumbered 251.225]
• 254.226   [1979 c.190 §246; 1983 c.514 §13; 1985 c.448 §4; 1985 c.471 §10; 1999 c.410 §51; repealed by 2007 c.154 §67]
• 254.230   [1973 c.712 §4; 1979 c.190 §193; renumbered 251.235]
• 254.235   Testing of voting machines and vote tally systems; notice of test.
  (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)...
• 254.245   [Formerly 250.610; 1987 c.707 §19; repealed by 2007 c.154 §67]
• 254.265   [1979 c.190 §249; 1979 c.519 §19a; repealed by 2007 c.154 §67]
• 254.275   [1979 c.190 §250; repealed by 2007 c.154 §67]
• 254.290   [Repealed by 1957 c.608 §231]
• 254.295   [Formerly 250.330; repealed by 2007 c.154 §67]
• 254.305   [Formerly 250.430; 1983 c.83 §29; 1985 c.808 §37; 1989 c.503 §40; 1991 c.436 §3; 1993 c.493 §40; 1993 c.797 §24a; repealed by 1999 c.318 §55]
• 254.310   [Amended by 1957 c.608 §182; 1959 c.457 §8; 1977 c.516 §1; repealed by 1979 c.190 §431]
• 254.315   [Formerly 258.245; repealed by 2007 c.154 §67]
• 254.320   [Amended by 1957 c.608 §183; 1975 c.675 §31b; repealed by 1979 c.190 §431]
• 254.321   Providing map of proposed boundaries for election on establishing or changing county or city boundaries.
  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...
• 254.325   [Formerly 250.340; 1987 c.72 §1; 1987 c.727 §14; repealed by 2007 c.154 §67]
• 254.330   [Amended by 1957 c.608 §184; repealed by 1979 c.190 §431 and by 1979 c.519 §38]
• 254.335   [Formerly 258.295; repealed by 2007 c.154 §67]
• 254.340   [Amended by 1957 c.608 §185; 1959 c.457 §9; 1979 c.519 §37; repealed by 1979 c.190 §431]
• 254.345   [Formerly 258.305; repealed by 2007 c.154 §67]
• 254.355   [1979 c.190 §258; repealed by 2007 c.154 §67]
• 254.365   Voting at primary election by major party members and nonaffiliated electors.
  (1) An elector is not qualified or permitted to vote at any primary election for any candidate of a major political party, and it is...
• 254.370   Record of nonaffiliated electors; record of voting in primary election of major political party and in general election.
  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...
• 254.375   [1979 c.190 §260; repealed by 2007 c.154 §67]
• 254.385   [Formerly 250.645; 1981 c.142 §3; repealed by 2007 c.154 §67]
• 254.390   [1999 c.1002 §3; repealed by 2007 c.154 §67]
• 254.395   [Formerly 250.631; repealed by 2007 c.154 §67]
• 254.405   [Formerly 250.655; 1995 c.607 §40; repealed by 2007 c.154 §67]
• 254.407   [1989 c.666 §2; repealed by 1993 c.713 §43]
• 254.408   Procedure for voting by person for whom no evidence of registration is found.
  (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...
• 254.409   [1989 c.666 §3; repealed by 1993 c.713 §43]
• 254.410   [Amended by 1957 c.608 §186; 1977 c.487 §3; repealed by 1979 c.190 §431]
• 254.411   Voting after name change.
  (1) Any elector whose name has been changed may vote once in the county in which the elector is registered under the elector’s former name....
• 254.413   [2001 c.805 §2; repealed by 2007 c.154 §67]
• 254.415   Challenging ballot of person offering to vote; statement of challenge.
  (1) The county clerk, an elections official or any elector shall challenge the ballot of any person offering to vote whom the clerk, official or...
• 254.419   [1995 c.607 §83; repealed by 2007 c.154 §67]
• 254.420   [Amended by 1975 c.627 §2; 1977 c.487 §4; 1979 c.190 §138; renumbered 249.875]
• 254.425   [Formerly 250.400; 1983 c.83 §30; repealed by 1991 c.14 §4]
• 254.426   Procedure on challenged ballot.
  (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...
• 254.430   [Repealed by 1973 c.392 §4]
• 254.435   [Formerly 250.700; 2007 c.70 §58; repealed by 2007 c.154 §§67,67a]
• 254.440   [Amended by 1975 c.683 §4; 1977 c.487 §5; repealed by 1979 c.190 §431]
• 254.445   Assistance in marking ballot; use of sample ballot as aid in voting.
  (1) If an elector is within the county and, because of a physical disability or an inability to read or write, is unable to mark...
• 254.450   [Amended by 1979 c.190 §137; renumbered 249.870]
• 254.455   [Formerly 250.680; 1995 c.607 §41; repealed by 2007 c.154 §67]
• 254.458   Alternatives to secrecy envelope procedures.
  Notwithstanding any provision of ORS 254.470: (1) A county clerk may apply to the Secretary of State for approval of any procedure to be used...
• 254.460   [Amended by 1979 c.190 §139; renumbered 249.880]
• 254.462   [1999 c.410 §40; 2003 c.14 §121; repealed by 2007 c.154 §67]
• 254.465   Elections to be conducted by mail; rules.
  (1) County clerks shall conduct all elections in this state by mail. (2) The Secretary of State shall adopt rules to: (a) Provide for uniformity...
• 254.470   Procedures for conducting election by mail; rules.
  (1) The Secretary of State by rule shall establish requirements and criteria for the designation of places of deposit for the ballots cast in an...
• 254.471   Extension of deadline for returning ballots in case of emergency.
  (1) Notwithstanding ORS 171.185, 203.085, 221.230, 221.621, 254.056, 254.470, 254.655, 255.335, 255.345, 258.075, 545.135 and 568.520, the Governor by written proclamation may extend the deadline...
• 254.472   Compartments for marking ballots.
  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...
• 254.474   Voting booths for primary and general elections.
  (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...
• 254.475   [Formerly 250.225; 1987 c.267 §51; 1993 c.713 §35; 1995 c.607 §44; renumbered 254.483 in 1999]
• 254.476   Personnel for counting ballots.
  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...
• 254.478   Preparation for counting ballots.
  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...
• 254.480   Replacement ballots.
  (1) An elector may obtain a replacement ballot described in ORS 254.470. To vote a replacement ballot, the elector must complete and sign a replacement...
• 254.482   Persons authorized to watch receiving and counting of votes.
  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...
• 254.483   Procedures after 8 p.m. on election day; unused ballots.
  Immediately after 8 p.m. on the day of an election: (1) The county clerk shall destroy all unused absentee and regular ballots in the county...
• 254.485   Tally of ballots; test of vote tally system.
  (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...
• 254.495   Tally and return sheets; counting and tallying ballots.
  (1) To tally ballots by hand, the counting board shall use the tally sheets and two copies of the return sheet. (2) The completed tally...
• 254.500   Tally of write-in votes.
  (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....
• 254.505   Ballots to be counted; void ballots; partially void ballots.
  (1) Only official ballots may be counted. Any vote from which it is impossible to determine the elector’s choice for the office or measure may...
• 254.510   [Repealed by 1979 c.190 §431]
• 254.515   Counting ballots marked “Presidential only.”
  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...
• 254.520   [Repealed by 1979 c.190 §431]
• 254.525   Test of vote tally system.
  If a vote tally system is used, the county clerk shall repeat the public certification test described under ORS 254.235 (1) for the vote tally...
• 254.529   Hand count of ballots at general election; comparison with tally of vote tally system; procedures.
  (1) At each general election, the county clerk shall conduct a hand count of ballots as described in this section and compare the tally of...
• 254.530   [Amended by 1957 c.608 §187; repealed by 1979 c.190 §431]
• 254.535   Preservation of certain materials; retention of records.
  (1) Except as provided in subsection (3) of this section, each tally sheet, return sheet and ballot return identification envelope shall be preserved for two...
• 254.540   [Repealed by 1979 c.190 §431]
• 254.545   Duties of county clerk after election.
  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...
• 254.546   Duties of county clerk after recall election; official declaration of result of recall election.
  (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...
• 254.548   Individual nominated or elected by write-in votes; form; rules.
  (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...
• 254.550   [Repealed by 1979 c.190 §431]
• 254.555   Secretary of State’s duties after election; Governor’s proclamation.
  (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...
• 254.560   [Repealed by 1979 c.190 §431]
• 254.565   Duties of city elections officer after election.
  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...
• 254.568   Certificate of election required before taking oath of office.
  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...
• 254.570   [Repealed by 1979 c.190 §431]
• 254.575   Procedure when tie vote.
  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)...
• 254.580   [Amended by 1957 c.608 §188; 1979 c.190 §378; renumbered 260.575]
• 254.590   [Amended by 1979 c.190 §377; renumbered 260.565]
• 254.600   [Amended by 1975 c.683 §5; 1977 c.178 §1; 1979 c.190 §379; 1979 c.519 §28; renumbered 260.585]
• 254.650   Special election in case of death of nominee of major political party within 30 days of general election.
  (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,...
• 254.655   Order calling special election; date.
  (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....
• 254.660   Conduct of special election; rules.
  (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...
• 254.990   [Repealed by 1979 c.190 §431]

Last modified: August 7, 2008