Chapter 246 — Chapter 246

ORS 246.420 [1957 c.608 §21; 1961 c.49 §1; 1961 c.174 §1; 1975 c.675 §6; 1977 c.179 §1; 1979 c.190 §22; 1989 c.224 §36; 1993 c.503 §11; 1999 c.410 §5; repealed by 2007 c.154 §67]

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ORS 246.510 [1955 c.246 §1; renumbered 246.021]

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ORS 246.520 Applicable laws; conflicting laws and ordinances inapplicable. All the provisions of the election laws and of any county or city charter or ordinance not inconsistent with ORS 246.520 to 246.600 apply to elections where voting machines or vote tally systems are used. Any provision of law or of any county or city charter or ordinance which conflicts with the use of voting machines or vote tally systems as provided in ORS 246.520 to 246.600 does not apply to elections in which voting machines or vote tally systems are used. [Formerly 258.025]

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ORS 246.530 Adoption, purchase or procurement of equipment; use thereafter. A governing body may adopt, purchase or otherwise procure, and provide for the use of, any voting machine or vote tally system approved by the Secretary of State in all or a portion of the precincts. Thereafter the voting machine or vote tally system may be used for voting at all elections for public and party offices and on all measures, and for receiving, registering and counting the votes in the precincts as the governing body directs. [Formerly 258.045]

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ORS 246.540 Joint purchase, maintenance and use. (1) In purchasing voting machines or vote tally systems, a governing body of any county and the governing bodies of any incorporated cities, districts or other municipalities in the county, may provide for the joint purchase and subsequent ownership of voting machines or vote tally systems and for the care, maintenance and use of the machines or systems

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ORS 246.550 Examination and approval of equipment by Secretary of State. (1) The Secretary of State shall publicly examine all makes of voting machines or vote tally systems submitted to the secretary and determine whether the machines or systems comply with the requirements of ORS 246.560, and can safely be used by electors

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ORS 246.560 Requirements for approval of equipment. (1) A voting machine may not be approved by the Secretary of State unless the voting machine is constructed so that it

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ORS 246.565 Audit of computerized voting system by Secretary of State; copy of instructions for operation and maintenance; maintenance log. (1) Any voting machine or vote tally system involving the use of computers, a computer network, computer program, computer software or computer system shall be subject to audit by the Secretary of State at any time for the purpose of checking the accuracy of the voting machine or vote tally system

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ORS 246.570 Sale of vote recording systems to counties; security interest. (1) The Secretary of State may enter into an agreement, for a term of not more than five years, with any county within the state for the sale to the county of approved voting machines or vote tally systems or computers or computer systems described in ORS 246.590. The agreement shall include a provision creating a security interest for the Secretary of State in the voting machines or vote tally systems or computers or computer systems. The security interest shall not be released until the sale is completed and the terms of the sale agreement are satisfied

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ORS 246.580 Content of vote recording system sale agreement. The sale agreement shall provide for

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ORS 246.590 Loans from State Treasurer for purchase of voting equipment or computers; Voting Machine Account. (1) The State Treasurer, in the capacity of investment officer for the Oregon Investment Council, may lend moneys in the investment funds as provided in ORS 293.701 to 293.857 for the acquisition of

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ORS 246.600 Deposits in Voting Machine Account; repayment to State Treasurer. All payments collected from the counties from the sale of voting machines, computers or vote tally or computer systems shall be deposited in the Voting Machine Account. An amount of money equal to the amount of payments collected from the counties from the sale of voting machines, computers or vote tally or computer systems during the calendar year, plus interest at a rate agreed upon by the State Treasurer and the Secretary of State, shall be paid to the State Treasurer as the repayment of money advanced for the acquisition of voting machines, computers or vote tally or computer systems. Payment shall be made to the State Treasurer not later than December 31 of each year. [Formerly 258.435; 1995 c.144 §18]

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ORS 246.610 [Formerly 258.445; 1995 c.144 §19; repealed by 2005 c.755 §59]

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ORS 246.710 Declaring county elections emergency; process; resumption of elections. (1) Notwithstanding ORS 246.200, if the governing body of a county, after consultation with the county clerk or county director of elections, believes that the county is in a state of fiscal distress that compromises the county’s ability to conduct elections at a minimally adequate level, the governing body may request that the Governor declare a county elections emergency

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ORS 246.810 [1957 c.608 §6; 1979 c.190 §35; repealed by 1985 c.448 §5]

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ORS 246.820 Order to compel county clerk, city elections officer or elections official to comply with interpretation, rule, directive or instruction. (1) Whenever it appears to the Secretary of State that a county clerk, city elections officer or a local elections official has failed to comply with an interpretation of any election law made by the Secretary of State under ORS 246.110 or has failed to comply with a rule, directive or instruction made by the Secretary of State under ORS 246.120, 246.140 or 246.150, the Secretary of State may apply to the appropriate circuit court for an order to compel the county clerk, city elections officer or local elections official to comply

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ORS 246.830 [1957 c.608 §13; 1979 c.190 §37; repealed by 1985 c.448 §5]

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ORS 246.910 Appeal from Secretary of State, county clerk or other elections official to courts; deadline for filing. (1) A person adversely affected by any act or failure to act by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, or by any order, rule, directive or instruction made by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, may appeal therefrom to the circuit court for the county in which the act or failure to act occurred or in which the order, rule, directive or instruction was made

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ORS 246.990 [Repealed by 1957 c.608 §231]

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ORS 246.991 [1967 c.338 §4; 1975 c.675 §7; repealed by 1979 c.190 §431]

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