Chapter 249 — Chapter 249
155 sections in this chapter.
ORS 249.002 Definitions. As used in this chapter
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(1) “Candidate” means an individual whose name is or is expected to be printed on the official ballot or a write-in candidate. (2) “County clerk” means the county clerk or the county official in charge of elections. (3) “Elector” means an individual qualified to vote under Articl…
ORS 249.004 Verification of documents. (1) A filing officer may verify the validity of the contents of the documents filed with the officer under this chapter
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(2) When a copy of any election document filed under this chapter is presented to the filing officer with whom the original document was filed and a request is made to have the copy compared and certified, the filing officer shall compare the copy with the original and, if necess…
ORS 249.005 Acceptance of petition or minutes without original signatures. (1) Notwithstanding ORS 249.008 and 249.875, a petition or minutes for which original signatures are otherwise required may be accepted by the county clerk or the Secretary of State for signature verification, or by another filing officer in the case of a recall petition, with photographic copies of one or more signature sheets if
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(a) The signature sheets containing the original signatures were stolen or destroyed by fire, a natural disaster or other act of God; and (b) The photographic copy of each original signature sheet contains the number of the original signature sheet prescribed by the Secretary of …
ORS 249.006 Official dating of petitions and declarations; certain information to be made publicly available on website. (1) Immediately upon being filed, a nominating petition, declaration of candidacy, withdrawal, certificate of nomination or other document required to be filed under this chapter must be dated and time stamped by the filing officer
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(2) Not more than five business days after a declaration of candidacy is filed under subsection (1) of this section, a county elections official or city elections officer shall make the name of the candidate and the office for which the candidate filed to be a candidate publicly …
ORS 249.007 [1985 c.508 §4; repealed by 1995 c.607 §91]
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[Repealed or reserved.]
ORS 249.008 Verification of signatures by county clerk or Secretary of State; removal of signatures prohibited after submittal; rules. (1) Except as provided in subsection (2) of this section, before a nominating petition, minutes of an assembly of electors or petition by individual electors is offered for filing, the county clerk of each county in which the signatures were secured or the Secretary of State shall compare the signatures of electors on the petition or minutes with the signatures of the electors on the elector registration cards. Any petition or minutes submitted for verification under this section shall contain only original signatures. The county clerk or the secretary shall attach to the petition or minutes a certificate stating the number of signatures believed to be genuine. The certificate is prima facie evidence of the facts stated in it. A signature not included in the number certified to be genuine shall not be counted by the officer with whom the petition is filed. No signature in violation of the provisions of this chapter shall be counted
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(2) If the total number of signatures presented to a county clerk or the Secretary of State for verification is 15,000 or more, the county clerk or secretary may use a statistical sampling technique authorized by the secretary to verify the signatures. The sample shall be drawn f…
ORS 249.009 Exclusive form of signature sheets for petitions; numbering of signature sheets; rules. (1) The Secretary of State by rule shall
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(a) Design the form of nominating or recall petitions, certificates of nomination by individual electors, minutes of an assembly of electors or minor political party formation petitions; and (b) Prescribe a system for numbering all signature sheets of nominating or recall petitio…
ORS 249.010 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 249.011 [1957 c.608 §65(1); repealed by 1979 c.190 §431]
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[Repealed or reserved.]
ORS 249.012 Preservation of certain records. Certificates of nomination, acceptances and withdrawals shall be preserved for two years after the election to which they relate. [1979 c.190 §99]
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[Repealed or reserved.]
ORS 249.013 Candidacy for more than one office; effect of filing petition or declaration for more than one office without prior withdrawal; district board and city offices. (1) A person may not be a candidate for more than one lucrative office to be filled at the same election
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(2)(a) A person may not file a nominating petition or declaration of candidacy for more than one lucrative office or more than one office of precinct committeeperson before the date of the election at which a person will be nominated or elected to each office unless the person fi…
ORS 249.014 [1961 c.64 §2; 1971 c.749 §76; 1979 c.190 §95; renumbered 249.004]
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[Repealed or reserved.]
ORS 249.015 [1979 c.190 §101; 1983 c.514 §6; repealed by 2005 c.797 §73]
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MAJOR POLITICAL PARTY NOMINATIONS AND NOMINATIONS TO NONPARTISAN OFFICE (Generally)
ORS 249.016 Nomination of candidates of major political party or for nonpartisan office. A candidate of a major political party for public office or a candidate for nonpartisan office shall be nominated only in the manner provided in ORS 249.016 to 249.205. [1957 c.608 §65 (2); 1979 c.190 §102; 1993 c.797 §7; 2001 c.721 §4]
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[Repealed or reserved.]
ORS 249.020 Filing of candidates’ nominating petition or declaration of candidacy. (1) An eligible elector may become a candidate for nonpartisan office, or for the nomination to an office by the major political party of which the elector is a member, by filing a nominating petition or a declaration of candidacy
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(2) At the time of filing, a declaration of candidacy shall be accompanied by the filing fee specified in ORS 249.056. (3) At the time of filing, a nominating petition shall contain the signature sheets described under ORS 249.064. [Amended by 1957 c.608 §66; 1975 c.779 §17; 1979…
ORS 249.021 Candidate and public office holder residence address; exceptions; rules. (1)(a) The Secretary of State by rule shall establish a new provision that must be added to every nominating petition or declaration of candidacy used for public office. The provision established under this section shall
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(A) Allow each candidate for public office to check a box indicating that the candidate does not want the residence address of the candidate to be disclosed on: (i) Publicly accessible versions of the nominating petition or declaration of candidacy used by the candidate; or (ii) …
ORS 249.023 Nomination of major political party candidates who attain age of 18 years after deadline for filing nominating petition or declaration of candidacy. Notwithstanding any provision of this chapter, and except as provided in section 8, Article IV, Oregon Constitution, and section 2, Article V, Oregon Constitution, an otherwise qualified person who will attain the age of 18 years after the deadline for filing a nominating petition or declaration of candidacy for nomination to any major political party office and on or before the date of the primary election, and who is registered as a member of the major political party not later than the date of the primary election, is eligible to file a nominating petition for nomination to any major political party office, to be listed on the ballot and to be nominated for the office, including by write-in votes. [1993 c.583 §4; 1995 c.712 §24]
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[Repealed or reserved.]
ORS 249.025 [1973 c.283 §2; repealed by 1979 c.190 §431]
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[Repealed or reserved.]
ORS 249.030 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 249.031 Contents of petition or declaration. (1) Except as provided in subsection (2) of this section, a nominating petition or declaration of candidacy shall contain
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(a) The name by which the candidate is commonly known. A candidate may use a nickname in parentheses in connection with the candidate’s full name. (b) Address information as required by the Secretary of State by rule. (c) The office and department or position number, if any, for …
ORS 249.035 Designated filing officer by specified office. A nominating petition, write-in form prepared under ORS 248.019 or 248.021 or declaration of candidacy relating to a candidate for
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(1) State office, United States Senator or Representative in Congress shall be filed with the Secretary of State. (2) County office or precinct committeeperson shall be filed with the county elections official. (3) City office shall be filed with the chief city elections officer.…
ORS 249.037 Time for filing petition or declaration. (1) Except as otherwise provided in this section, a nominating petition or declaration of candidacy shall be filed not sooner than the 250th day and not later than the 70th day before the date of the nominating election
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(2) If a vacancy occurs in a partisan elective office after the 80th day and before the 70th day before the nominating election, a nominating petition or declaration of candidacy for that office may be filed not later than the 65th day before the nominating election. (3) A declar…
ORS 249.040 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 249.041 [1957 c.608 §69; 1975 c.779 §19; 1979 c.190 §113; renumbered 249.068]
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[Repealed or reserved.]
ORS 249.042 Declaration or petition as evidence of candidacy. When an elector files with the appropriate filing officer the statement and prospective petition under ORS 249.061, or a declaration of candidacy, it is conclusive evidence that the elector is a candidate for nomination or election by the elector’s political party or to the nonpartisan office stated in the petition or declaration. [1979 c.190 §107; 2007 c.155 §2]
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[Repealed or reserved.]
ORS 249.046 Party membership required for nomination of party; effect of inactive registration; exceptions. (1) If a candidate has not been a member of the major political party for at least 180 days before the deadline for filing a nominating petition or declaration of candidacy, the candidate shall not be entitled to receive the nomination of that major political party. If a candidate’s registration becomes inactive, the inactive status shall not constitute a lapse of membership in the party if, immediately before the registration became inactive, the candidate was a member of the party and was not a member of any other political party within the 180 days preceding the deadline for filing a nominating petition or declaration of candidacy
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(2) The requirement that the candidate be qualified by length of membership does not apply to: (a) Any candidate whose 18th birthday falls within the period of 180 days; (b) A write-in candidate; or (c) Any candidate for the office of precinct committeeperson who becomes a United…
ORS 249.048 Unsuccessful candidate not eligible as candidate. A candidate for nomination of a major political party to a public office who fails to receive the nomination may not be the candidate of any other political party or a nonaffiliated candidate for the same office at the succeeding general election. The filing officer may not certify the name of the candidate. [Formerly 249.420; 2005 c.797 §62]
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[Repealed or reserved.]
ORS 249.050 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 249.051 [1957 c.608 §70; 1979 c.190 §115; renumbered 249.076]
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[Repealed or reserved.]
ORS 249.052 Determination of inhabitancy of candidate for Legislative Assembly; verification of residence. (1) For purposes of determining whether a candidate for the office of state Representative or state Senator has been an inhabitant of the district from which the Senator or Representative may be chosen as required by section 8, Article IV of the Oregon Constitution, an elections official may consider, but is not limited to considering, the following factors
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(a) Where the candidate receives personal mail; (b) Where the candidate is licensed to drive; (c) Where the candidate registers motor vehicles for personal use; (d) Where any immediate family members of the candidate reside; (e) The address from which the candidate pays for utili…
ORS 249.055 [1957 c.608 §71; 1959 c.177 §1; 1977 c.508 §4; 1979 c.190 §97; renumbered 249.008]
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(Declarations of Candidacy)
ORS 249.056 Filing fees. (1) At the time of filing a declaration of candidacy a candidate for the following offices shall pay to the officer with whom the declaration is filed the following fee
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(a) United States Senator, $150. (b) Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, Representative in Congress, judge of the Supreme Court, Court of Appeals or Oregon Tax Court, or executive officer or auditor …
ORS 249.060 [Amended by 1957 c.608 §72; 1971 c.749 §77; 1973 c.827 §24c; 1979 c.190 §106; renumbered 249.037]
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(Nominating Petitions)
ORS 249.061 One candidate per petition; prospective petition; statement regarding payment of petition circulators; certification of signature sheets. (1) A petition for nomination may not contain the name of more than one candidate
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(2) Before circulating a nominating petition, the candidate shall deliver to the officer with whom the petition will be filed: (a) A statement signed by the candidate indicating that the candidacy is by prospective petition; and (b) A copy of the prospective petition. (3) The can…
ORS 249.064 Information required on petition; certification of petition. (1) A nominating petition of a candidate seeking the nomination of a major political party shall contain a statement that each elector whose signature appears on the petition is a member of the same major political party as is the candidate
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(2) A nominating petition of any candidate shall contain the number of signatures of electors required by ORS 249.068 or 249.072 and the residence or mailing address and name or number of the precinct, if known, of each elector whose signature appears. (3) Pursuant to ORS 249.008…
ORS 249.068 Requirements regarding number and distribution of persons signing partisan petitions. (1) Except as otherwise provided for a candidate for nonpartisan office in ORS 249.072
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(a) A nominating petition for an office to be voted for in the state at large or for a candidate for Representative in Congress shall contain signatures of members of the same major political party as the candidate. Except as provided in this subsection, there shall be at least 1…
ORS 249.070 [1957 c.608 §73; 1979 c.190 §231; renumbered 254.076]
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[Repealed or reserved.]
ORS 249.072 Requirements regarding number and distribution of persons signing nonpartisan petitions. (1) If the nonpartisan office is to be voted for in the state at large, the nominating petition shall contain at least 1,000 signatures of electors, or a number of signatures of electors equal to at least one percent of the vote cast in the state for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term, whichever is less. The signatures shall include those of at least 100 electors registered in each congressional district
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(2) The nominating petition for a nonpartisan office not provided for in subsection (1) of this section shall contain at least 500 signatures of electors in the electoral district, or a number of signatures of electors equal to at least one percent of the vote cast in the elector…
ORS 249.076 Qualifications of signers of petitions. (1) A person who is not a member of the same major political party as the candidate for nomination by the major political party may not sign the nominating petition of the candidate
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(2) Any elector may sign: (a) A nominating petition or certificate of nomination of any candidate for nonpartisan office; (b) A nominating petition or certificate of nomination of any nonaffiliated candidate; and (c) Nominating petitions or certificates of nomination for more tha…
ORS 249.078 Printing name of candidate for presidential nomination of major party on ballot; discretion of Secretary of State; nominating petition; petition requirements. (1) The name of a candidate for a major political party nomination for President of the United States shall be printed on the ballot only
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(a) By direction of the Secretary of State who in the secretary’s sole discretion has determined that the candidate’s candidacy is generally advocated or is recognized in national news media; or (b) By nominating petition described in this section and filed with the Secretary of …
ORS 249.080 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 249.085 [1979 c.190 §117; 1979 c.451 §4; 1979 c.587 §2; 1985 c.808 §14; repealed by 1989 c.218 §4]
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(Nomination to Nonpartisan Office)
ORS 249.088 Nomination or election of candidate at nominating election. (1) Except as provided in ORS 249.091, at the nominating election held on the date of the primary election
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(a) Unless a candidate for nonpartisan office receives a majority of the votes cast for the office, the two candidates who receive the highest number of votes are nominated. (b) If a candidate for nonpartisan office receives a majority of votes cast for the office, that candidate…
ORS 249.090 [Amended by 1957 c.608 §74; 1975 c.766 §5; 1977 c.829 §6; repealed by 1979 c.190 §431]
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[Repealed or reserved.]
ORS 249.091 Nomination of certain nonpartisan candidates or candidates to fill a vacancy in nonpartisan office. (1) If a nominating petition or declaration of candidacy is filed by no more than two candidates for the office of sheriff, county treasurer or county clerk or by no more than two candidates to fill a vacancy in a nonpartisan office
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(a) The candidate or candidates are nominated; and (b) The name or names of the candidate or candidates may not be printed on the ballot at the nominating election. (2) If a nominating petition or declaration of candidacy is filed by more than two candidates for the office of she…
ORS 249.100 [Amended by 1975 c.675 §11; repealed by 1979 c.190 §431]
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[Repealed or reserved.]
ORS 249.110 [Amended by 1957 c.608 §75; 1961 c.121 §1; 1975 c.675 §12; repealed by 1979 c.190 §431]
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[Repealed or reserved.]
ORS 249.120 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 249.130 [1967 c.126 §3; 1979 c.190 §96; renumbered 249.006]
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[Repealed or reserved.]
ORS 249.150 [Formerly 249.280; 1973 c.827 §24d; 1975 c.675 §13; repealed by 1979 c.190 §431]
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[Repealed or reserved.]