Chapter 246 — Chapter 246
70 sections in this chapter.
ORS 246.010 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 246.011 [1957 c.608 §1; 1975 c.675 §1; repealed by 1979 c.190 §431]
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GENERAL PROVISIONS
ORS 246.012 Definitions. As used in this chapter
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(1) “Ballot” means any material on which votes may be cast for candidates or measures. (2) “County clerk” means the county clerk or the county official in charge of elections. (3) “County governing body” means the county court sitting for the transaction of county business or the…
ORS 246.015 [1999 c.410 §2; repealed by 2007 c.154 §67]
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[Repealed or reserved.]
ORS 246.020 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 246.021 Time within which election documents must be received by elections officer; electronic facsimile and electronic mail transmissions; electronic campaign finance statements. (1) Except as provided in ORS 247.012 and subsection (2) of this section, an election document and an accompanying payment of fees required to be filed with the Secretary of State, county clerk or other filing officer must be delivered to and actually received at the office of the designated officer not later than 5 p.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
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(2) If, at 5 p.m. of the day an election document is due, an individual is physically present in the office of the secretary, county clerk or other filing officer and in line waiting to deliver the document, the individual is considered to have begun the act of delivering the doc…
ORS 246.022 Secretary of State may alter language required in election documents; rules. Notwithstanding any other statute in ORS chapters 246 to 260, the Secretary of State may by rule alter the specific language required to be written in documents relating to an election, provided that the alteration in language does not materially change the meaning of the language being altered. [2023 c.600 §18]
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[Repealed or reserved.]
ORS 246.025 Use of signature stamp by person with disability. (1) A person with a disability who is unable because of the disability to sign any election document, including a voter registration card or ballot return envelope, may use a signature stamp or other indicator of the person’s signature, as specified by the Secretary of State by rule, whenever the signature of the person is required under any election law
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(2) A person who desires to use a signature stamp or other indicator of the person’s signature as described in subsection (1) of this section shall attest that the person needs to use the stamp or indicator due to a disability. The attestation shall be made at the time the person…
ORS 246.030 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 246.035 [1965 c.527 §4; repealed by 1971 c.267 §16]
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[Repealed or reserved.]
ORS 246.040 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 246.045 [1967 c.338 §§2,3; 1975 c.675 §2; 1979 c.190 §391; renumbered 260.705]
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[Repealed or reserved.]
ORS 246.046 Secretary of State and county clerks to seek out evidence of violations. The Secretary of State and each county clerk shall diligently seek out any evidence of violation of any election law. [Formerly 260.325]
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[Repealed or reserved.]
ORS 246.050 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 246.055 [1973 c.154 §1; repealed by 1979 c.190 §431]
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[Repealed or reserved.]
ORS 246.060 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 246.070 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 246.080 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 246.090 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 246.100 [Repealed by 1957 c.608 §231]
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SECRETARY OF STATE
ORS 246.110 Secretary of State as chief elections officer. The Secretary of State is the chief elections officer of this state, and it is the secretary’s responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws. [1957 c.608 §2; 1979 c.190 §5; 1995 c.607 §1]
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[Repealed or reserved.]
ORS 246.120 Directives, instructions and assistance to county clerks. In carrying out the responsibility under ORS 246.110, the Secretary of State shall prepare and distribute to each county clerk detailed and comprehensive written directives, and shall assist, advise and instruct each county clerk, on registration of electors and election procedures which are under the direction and control of the county clerk. The directives and instructions shall include relevant sample forms of ballots, documents, records and other materials and supplies required by the election laws. A county clerk affected thereby shall comply with the directives or instructions. [1957 c.608 §3; 1965 c.464 §1; 1979 c.190 §6]
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[Repealed or reserved.]
ORS 246.130 [1957 c.608 §4; repealed by 1979 c.190 §431]
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[Repealed or reserved.]
ORS 246.140 Election law conferences for county clerks. (1) In carrying out the responsibility under ORS 246.110, the Secretary of State biennially shall organize and conduct at convenient places and times in this state at least three conferences on the administration of the election laws
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(2) The Secretary of State shall conduct the conferences described in subsection (1) of this section not later than December 31 of an odd-numbered year following adjournment sine die of that year’s Legislative Assembly. (3) The Secretary of State shall give written notice of the …
ORS 246.150 Rules. The Secretary of State may adopt rules the secretary considers necessary to facilitate and assist in achieving and maintaining a maximum degree of correctness, impartiality and efficiency in administration of the election laws. [1957 c.608 §8; 1979 c.190 §8; 1985 c.448 §1]
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[Repealed or reserved.]
ORS 246.160 Compilations and digests of election laws; distribution of supplies and materials to county clerks and others. The Secretary of State shall
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(1) Prepare and print, in appropriate and convenient form, periodic compilations and digests of the state election statutes. (2) Distribute in appropriate quantities to the county clerks for use by the county clerks copies of the compilations and digests and any supplies and mate…
ORS 246.170 Deposit of moneys received under ORS 246.160 in Secretary of State Miscellaneous Receipts Account. All moneys received by the Secretary of State under ORS 246.160 shall be deposited into the Secretary of State Miscellaneous Receipts Account established under ORS 279A.290. All moneys received by the Secretary of State under ORS 246.160 and deposited in the account are appropriated continuously to the Secretary of State for the payment of expenses incurred in performing the functions 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]
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[Repealed or reserved.]
ORS 246.179 Reimbursement of county clerk for special elections for United States Senator or Representative and for recall elections involving state office. (1) Notwithstanding ORS 246.250, the Secretary of State shall reimburse each county clerk for necessary expenses of an election described in subsection (2) of this section based on a claim filed by the county clerk and approved by the Secretary of State. The claim shall be made on a form designed by the Secretary of State. The Secretary of State shall make the reimbursement from funds made available to the Secretary of State by the Emergency Board
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(2) The Secretary of State shall reimburse each county clerk for necessary expenses of: (a) A special primary election or a special election to fill a vacancy in the election or office of United States Senator or Representative in Congress held on a date other than the date of th…
ORS 246.180 [1973 c.283 §9; 1979 c.190 §98; renumbered 249.009]
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[Repealed or reserved.]
ORS 246.185 Elections Fund. (1) The Elections Fund is established separate and distinct from the General Fund of the State Treasury. Moneys in the Elections Fund may be invested as provided in ORS 293.701 to 293.857. Interest earned by the Elections Fund and the earnings of any investments shall be credited to the fund
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(2) The Elections Fund consists of: (a) Amounts appropriated or otherwise made available by the Legislative Assembly or this state for carrying out the activities for which payments are made to this state under the federal Help America Vote Act of 2002 (P.L. 107-252); (b) Payment…
ORS 246.190 Help America Vote Act complaint procedures; rules. (1) The Secretary of State by rule shall establish administrative complaint procedures that meet the requirements of the federal Help America Vote Act of 2002 (P.L. 107-252)
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(2) Complaints alleging violations of Title III of the federal Help America Vote Act of 2002 (P.L. 107-252) must be filed as provided in rules adopted under this section. Complaints alleging violations of Title III of the federal Help America Vote Act of 2002 (P.L. 107-252) may n…
ORS 246.200 County clerk to conduct elections; exceptions. (1) Except as otherwise provided by law, the county clerk is the only elections officer who may conduct an election in this state. For purposes of this section, the conduct of an election includes, but is not limited to, establishing precincts, preparing ballots and sample ballots, and receiving and processing votes
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(2) Notwithstanding subsection (1) of this section: (a) The county clerk is not the only elections officer who may accept and verify a filing for nomination or filing of a petition, prepare a voters’ pamphlet or ballot title, or prepare or publish an election notice; and (b) The …
ORS 246.210 County clerk to supervise local elections officials. (1) Subject to the directives and instructions prepared and distributed or given by the Secretary of State under ORS 246.120 or 246.140, a county clerk may exercise general supervision of administration of election laws by each local elections official in the county for the purpose of achieving and maintaining a maximum degree of correctness, impartiality, efficiency and uniformity in the administration by local elections officials. In this regard the county clerk may assist local elections officials in answering questions concerning the proper administration of election laws
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(2) If under this section two or more county clerks exercise general supervision of the same local elections official, the county clerks shall cooperate and coordinate to insure uniformity of general supervision. [1957 c.608 §9; 1979 c.190 §11; 1985 c.448 §2]
ORS 246.220 [1957 c.608 §10; 1979 c.190 §12; repealed by 1985 c.448 §5]
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[Repealed or reserved.]
ORS 246.230 [1957 c.608 §11; 1965 c.527 §1; 1971 c.660 §1; 1975 c.675 §3; 1979 c.190 §13; repealed by 1985 c.448 §5]
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[Repealed or reserved.]
ORS 246.235 [1965 c.527 §3; repealed by 1979 c.190 §431]
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[Repealed or reserved.]
ORS 246.240 [1957 c.608 §12; repealed by 1965 c.527 §5]
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[Repealed or reserved.]
ORS 246.245 Notification to county clerk when city boundary changed. If the boundary of a city is changed, the city governing body immediately shall send a certified copy of the order, resolution or other action changing the boundary to the county clerk of each county in which the city is located. [1979 c.190 §14]
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[Repealed or reserved.]
ORS 246.250 Personnel; equipment, materials and facilities; payment of expenses; administering oaths. (1) The county clerk may employ personnel and procure equipment, supplies, materials, books, papers, records and facilities of every kind as the clerk considers necessary to facilitate and assist in administering the election laws
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(2) The necessary expenses incurred by the county clerk in administering the election laws shall be allowed by the county governing body and paid out of the county treasury. (3) The county clerk and deputies may administer oaths and affirmations in connection with the performance…
ORS 246.260 [1957 c.608 §15; repealed by 1979 c.190 §431]
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[Repealed or reserved.]
ORS 246.265 [1977 c.829 §12; repealed by 1979 c.190 §431]
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[Repealed or reserved.]
ORS 246.270 Office hours of county clerk on election days. On the day of any primary election, general election or special election held throughout the county, the county clerk’s office shall remain open for business pertaining to the election from 7 a.m. to 8 p.m. of the same day. [1957 c.608 §18; 1979 c.190 §16; 1987 c.267 §3; 1995 c.712 §3; 1999 c.410 §3; 1999 c.999 §29]
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[Repealed or reserved.]
ORS 246.300 [1957 c.608 §17; repealed by 1975 c.675 §36]
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[Repealed or reserved.]
ORS 246.310 [1957 c.608 §22; 1959 c.317 §1; 1963 c.37 §1; 1963 c.159 §1; 1975 c.675 §4a; 1979 c.190 §17; 1983 c.514 §2; 1985 c.471 §1; 1991 c.69 §1; 1995 c.712 §4; 2005 c.797 §53; repealed by 2007 c.154 §67]
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[Repealed or reserved.]
ORS 246.320 [1957 c.608 §23; 1979 c.190 §18; 1993 c.797 §20; repealed by 2007 c.154 §67]
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[Repealed or reserved.]
ORS 246.330 [1957 c.608 §24; 1973 c.588 §1; 1975 c.675 §5; 1975 c.678 §3; 1979 c.190 §19; 1979 c.519 §1a; 1995 c.607 §2; repealed by 2007 c.154 §67]
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[Repealed or reserved.]
ORS 246.335 [1979 c.749 §2 (enacted in lieu of 246.340); 1991 c.719 §20; repealed by 2007 c.154 §67]
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[Repealed or reserved.]
ORS 246.340 [1957 c.608 §25; 1959 c.89 §1; 1979 c.190 §20; repealed by 1979 c.749 §1 (246.335 enacted in lieu of 246.340)]
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[Repealed or reserved.]
ORS 246.350 [1975 c.678 §1; repealed by 1979 c.190 §431]
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PRECINCTS
ORS 246.410 Directives for fixing precinct and other electoral district boundaries; maximum number of electors in precinct. (1)(a) After each federal decennial census, the Secretary of State shall prepare detailed and comprehensive directives providing guidelines for fixing precinct and other electoral district boundaries based on census population figures
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(b) After the federal decennial census and before the Legislative Assembly or Secretary of State, whichever is applicable, apportions the state into congressional and legislative districts, the secretary shall deliver the directives to: (A) Each county clerk; and (B) Any local go…