Chapter 254 — Chapter 254

ORS 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 elector knows or suspects not to be qualified as an elector

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ORS 254.419 [1995 c.607 §83; repealed by 2007 c.154 §67]

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ORS 254.420 [Amended by 1975 c.627 §2; 1977 c.487 §4; 1979 c.190 §138; renumbered 249.875]

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ORS 254.425 [Formerly 250.400; 1983 c.83 §30; repealed by 1991 c.14 §4]

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ORS 254.426 Procedure on challenged ballot. (1) Whenever any person offers to vote a ballot challenged under ORS 254.415, the county clerk shall ensure that the ballot offered by the person includes the number of the written statement of challenge so that the ballot may be identified in any future contest of the election

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ORS 254.430 [Repealed by 1973 c.392 §4]

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ORS 254.431 Special procedure for ballots challenged due to failure to sign return envelope or nonmatching signature; public record limitation. (1) If a ballot is challenged because it is returned in an unsigned return identification envelope or because the signature of an elector on a return identification envelope does not match the signature in the voter registration record for the elector, the county clerk shall mail to the elector a notice that describes the nature of the challenge. The Secretary of State shall design a standard form to be used in all notifications sent by county clerks under this subsection

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ORS 254.435 [Formerly 250.700; 2007 c.70 §58; repealed by 2007 c.154 §§67,67a]

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ORS 254.440 [Amended by 1975 c.683 §4; 1977 c.487 §5; repealed by 1979 c.190 §431]

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ORS 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 the ballot, the elector may request and shall receive the assistance of two persons of different parties provided by the clerk or of some other person chosen by the elector in marking the ballot. The persons assisting the elector shall ascertain the wishes of the elector and assist the elector in voting the ballot accordingly, and thereafter may give no information regarding the vote

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ORS 254.450 [Amended by 1979 c.190 §137; renumbered 249.870]

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ORS 254.455 [Formerly 250.680; 1995 c.607 §41; repealed by 2007 c.154 §67]

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ORS 254.458 Alternatives to secrecy envelope procedures. (1) Notwithstanding any provision of ORS 254.470

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ORS 254.460 [Amended by 1979 c.190 §139; renumbered 249.880]

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ORS 254.462 [1999 c.410 §40; 2003 c.14 §121; repealed by 2007 c.154 §67]

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ORS 254.465 Elections to be conducted by mail; rules. (1) County clerks shall conduct all elections in this state by mail

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ORS 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 election. The rules shall also specify the dates and times the places of deposit must be open and the security requirements for the places of deposit. At a minimum, the places designated under this section shall be open on the date of the election for a period of eight or more hours, but must be open until at least 8 p.m. At each place of deposit designated under this section, the county clerk shall prominently display a sign stating that the location is an official ballot drop site

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ORS 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 for returning ballots in any state, county, city or district election if the Governor receives a written request for the extension from the Secretary of State. The secretary may request the Governor to extend the deadline for returning ballots under this section if, after consultation with affected county clerks, the secretary determines that it would be impossible or impracticable for electors to return ballots or for elections officials to tally ballots due to an emergency as defined in ORS 401.025

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ORS 254.472 Spaces for marking ballots to be made available. 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 their ballots. The arrangement of the compartments, shelves or tables shall ensure that the elector may conveniently mark the ballot with absolute secrecy. The compartments, shelves or tables shall be available during the entire time that ballots may be issued. [1999 c.410 §42]

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ORS 254.473 State payment for return of ballots by mail. (1) Except as provided in subsection (2) of this section, for each election held in this state, electors shall be provided with a return identification envelope that may be returned by business reply mail. The state shall bear the cost of complying with this subsection

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ORS 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

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ORS 254.475 [Formerly 250.225; 1987 c.267 §51; 1993 c.713 §35; 1995 c.607 §44; renumbered 254.483 in 1999]

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ORS 254.476 Personnel for counting ballots. (1) The county clerk may employ personnel as necessary to open envelopes, handle ballots, prepare ballots for counting and count ballots. The personnel may not all be members of the same political party. A candidate on the ballot at an election, other than an incumbent candidate for county clerk, or a person who is a member of the household, spouse, domestic partner, child, son-in-law, daughter-in-law, parent, mother-in-law, father-in-law, sibling, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, stepparent or stepchild of any candidate on the ballot may not be employed and may not serve as a volunteer in the capacity described in this section

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ORS 254.478 Preparation for counting ballots; scanning ballots into vote tally system. (1) Subject to ORS 260.705, upon receipt of ballots, the county clerk may

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ORS 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 ballot request form. The request for a replacement ballot may be made electronically, by telephone, in writing, in person or by other means designated by the Secretary of State by rule

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ORS 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 office of the county clerk to watch the receiving and counting of votes. The authorization shall be in writing, shall be signed by an officer or its county affiliate of a political party, a candidate or the county clerk and shall be filed with the county clerk. The county clerk shall permit only so many persons as watchers under this section as will not interfere with an orderly procedure at the office of the county clerk. [2001 c.805 §3; 2005 c.797 §56]

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ORS 254.483 Ballot security; destruction of unused ballots. (1) Each county clerk is responsible for the safekeeping, disposition and security of all ballots

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ORS 254.485 Tally of ballots; rules. (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 in the office of the county clerk. In any event, the ballots shall be tallied and returned by precinct

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ORS 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

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ORS 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. All such write-in votes for each office on the ballot shall be tallied together, except as follows

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ORS 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 not be counted. An elector may not place on the ballot a sticker bearing the name of a person to vote for a person whose name is not printed on the ballot. Any ballot that has a sticker or other device is void and may not be counted. Counting board clerks shall disregard misspelling or abbreviations of the names of candidates if it can be ascertained from the ballot for whom the vote was intended

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ORS 254.510 [Repealed by 1979 c.190 §431]

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ORS 254.515 Counting ballots marked “Federal only.” Ballots marked “Federal only” may be counted only for the offices for which the elector is entitled to vote. Votes on the ballot for other offices may not be counted. [Formerly 250.520; 1999 c.410 §60; 2005 c.797 §57; 2017 c.749 §4]

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ORS 254.520 [Repealed by 1979 c.190 §431]

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ORS 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 system used to conduct the election. The test shall be conducted after all the ballots are tallied but before the final results of the election are certified or before the vote tally system is shut down. The test may be observed by persons described in ORS 254.235 (2). The county clerk shall certify the results of the test. [1979 c.190 §274; 1993 c.713 §36; 1999 c.410 §61; 2001 c.965 §24; 2007 c.154 §47]

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ORS 254.529 Choice of conducting hand recount of ballots or risk-limiting audit; procedures for hand recount. (1) At each primary election, general election and special election, the county clerk shall make a determination on whether to conduct

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ORS 254.530 [Amended by 1957 c.608 §187; repealed by 1979 c.190 §431]

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ORS 254.532 Risk-limiting audit; procedures; rules. (1) As used in this section

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ORS 254.535 Preservation of certain materials; retention of records. (1) Except as provided in subsection (3) of this section, each tally sheet, return sheet, record relating to a risk-limiting audit conducted under ORS 254.532, record relating to a hand count of ballots conducted under ORS 254.529 and ballot return identification envelope shall be preserved for two years after the election to which it relates

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ORS 254.540 [Repealed by 1979 c.190 §431]

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ORS 254.545 Duties of county clerk after election. Subject to ORS 254.548, the county clerk

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ORS 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 clerk shall prepare an abstract of the votes and deliver it to the elections official authorized to order the recall election not later than the 27th day after the election

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ORS 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 nomination or office before the filing officer may issue a certificate of nomination or election. The Secretary of State by rule shall prescribe the form to be used under this section

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ORS 254.550 [Repealed by 1979 c.190 §431]

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ORS 254.555 Duties of Secretary of State after election; Governor’s proclamation. (1) Except as provided in ORS 254.548 or as necessary to comply with federal law concerning the issuance of a certificate of ascertainment of presidential electors, not later than the 37th day after any election, the Secretary of State, regarding offices for which the secretary receives filings for nomination, shall

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ORS 254.560 [Repealed by 1979 c.190 §431]

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ORS 254.565 Duties of city elections officer after election. Subject to ORS 254.548, the chief city elections officer

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ORS 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 duties of the office, the candidate shall not take, file, subscribe or indorse the oath until the candidate has been granted a certificate of election. [1993 c.493 §101]

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ORS 254.570 [Repealed by 1979 c.190 §431]

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ORS 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

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