Title 23, Elections

If an explanatory statement is not filed by a committee under ORS 251.215 or by the Legislative Counsel Committee under ORS 251.225, the measure shall be printed in the voters’ pamphlet without the explanatory statement. [1991 c.971 §6]

(1) Any person dissatisfied with an explanatory statement for which suggestions were offered at the Secretary of State’s hearing under ORS 251.215 may petition the Supreme Court seeking a different statement and stating the reasons the statement filed with the court is insufficie…

(1) For any measure referred to the electors by the Legislative Assembly, an argument prepared by the Legislative Assembly in support of the measure may be printed in the voters’ pamphlet. The size and length of an argument under this section shall be determined as specified in O…

(1) Not sooner than the 120th day and not later than the 70th day before a general election or the 68th day before a special election held on the date of any primary election at which a state measure is to be voted upon, any person may file with the Secretary of State an argument…

(1) Not later than three business days following the deadline for filing an argument supporting or opposing a state measure under ORS 251.255, the Secretary of State shall review each argument to determine whether the person filing the argument made an error in: (a) Identifying t…

The Secretary of State shall include in the voters’ pamphlet on the page of the printed argument on a measure the name of the person who submitted the argument, the name of the organization the person represents, if any, and whether the argument supports or opposes the measure. […

(1) If a community college district measure relating to bonding, a county measure or a measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, explanatory statement and arguments relating to the measure, are to be included by the Secretar…

The Secretary of State, pursuant to ORS 193.310 to 193.360, may supplement the special or general election voters’ pamphlet by causing to have broadcast by radio or television, material specified in this section at times the secretary determines suitable during the four weeks imm…

The county clerk of any county may prepare, print and distribute a county voters’ pamphlet for any election. [1989 c.1031 §2; 1991 c.48 §1]

(1) If a county produces a county voters’ pamphlet, the county voters’ pamphlet shall include, when applicable, at least the following information: (a) Requirements for a citizen to qualify as an elector. (b) Requirements for registration and updates of registration. (c) Elector …

(1) The Secretary of State by rule shall adopt a schedule and procedures for preparing, printing and distributing county voters’ pamphlets. The schedule and procedures shall include but not be limited to deadlines for filing material for the voters’ pamphlet, and except as otherw…

(1) As used in this section, “district” has the meaning given that term in ORS 255.012. (2) Any candidate for nomination or election to county, city or special district office within the county, or an agent of the candidate, may file with the county clerk of a county that prepare…

Not later than the date specified by the Secretary of State, in a county that prepares a county voters’ pamphlet, the governing body for any electoral district that has referred a measure to the voters shall submit an impartial, simple and understandable statement explaining the …

(1) Not later than the date specified by the Secretary of State by rule, in a county that prepares a county voters’ pamphlet, any person may file with the county clerk a typewritten argument supporting or opposing any measure to be submitted to the voters on the ballot. The count…

(1) Any county clerk preparing, printing and distributing a county voters’ pamphlet may apportion the cost of preparing, printing and distributing the county voters’ pamphlet as a cost of the election according to the formula established by the Secretary of State for the allocati…

ORS 251.365 does not apply to any special district for which the county clerk is required to hold elections if the special district demonstrates to the satisfaction of the county clerk that the special district is unable to pay the apportioned expenses of the voters’ pamphlet as …

As used in ORS 251.345 to 251.375, “electoral district” means the county or a city, or district as defined in ORS 255.012 located within the county. [1989 c.1031 §10]

(1) Statements and arguments submitted for inclusion in a county voters’ pamphlet by a candidate, political party or assembly of electors, or a person supporting or opposing a measure shall consist only of words or numbers. (2) The county clerk shall specify on any instructions f…

(1) Except as provided in subsection (2) of this section, the county clerk may not print the name or title of a person or the name of an organization in an argument supporting or opposing any measure or a statement of any candidate, filed for inclusion in a county voters’ pamphle…

(1) The county clerk shall reject any statement, argument or other matter offered for filing and printing in a county voters’ pamphlet which: (a) Contains any obscene, profane or defamatory language; (b) Incites or advocates hatred, abuse or violence toward any person or group; o…

The candidate’s statement in a county voters’ pamphlet shall begin with a summary of the following: Occupation, educational and occupational background, and prior governmental experience. [1989 c.1031 §14]

Notwithstanding ORS 192.311 to 192.478 relating to public records, materials filed by a candidate for inclusion in a county voters’ pamphlet and arguments supporting or opposing a measure filed by any person for inclusion in a county voters’ pamphlet are exempt from public inspec…

Material submitted for inclusion in any state or county voters’ pamphlet shall not be admitted as evidence in any suit or action against the county clerk to restrain or enjoin the publication of the voters’ pamphlet. [1989 c.1031 §16]

As used in this chapter: (1) “Absent elector” means a person to whom the county clerk has issued a ballot prior to the date that ballots are mailed to electors as provided in ORS 254.470 (2)(a) or (b). (2) “Clerk” means the county clerk. (3) “County clerk” means the county clerk …

(1) For electors with mailing addresses outside this state, the county clerk shall deliver a ballot: (a) Not later than the 45th day before the election to each military or overseas elector; and (b) Not sooner than the 29th day before the election to each absent elector with a ma…

(1) Upon receipt of a ballot the absent elector shall mark it and comply with the instructions provided with the ballot. The absent elector may return the marked ballot to the office of the clerk, by any appropriate means. (2) If the absent elector returns the marked ballot by an…

(1) Upon receipt of an envelope containing a marked ballot from an absent elector, the clerk shall keep it safely in the office and, before delivering the ballot for counting, shall compare the signature of the absent elector that appears on the ballot envelope with that upon the…

ORS 253.500 to 253.640 shall be liberally construed so that all military or overseas electors may be given an opportunity to fully exercise their voting rights. [Formerly 253.670; 2013 c.520 §4]

As used in ORS 253.500 to 253.640, “military or overseas elector” means a resident of this state absent from the place of residence and: (1) Serving in the Armed Forces of the United States or who has been discharged from the Armed Forces of the United States for not more than 30…

Except as otherwise provided in ORS 253.500 to 253.640, procedures relating to military or overseas electors’ ballots shall be as nearly as possible the same as procedures for other absent electors’ ballots. [1979 c.190 §218; 1985 c.720 §4; 2013 c.520 §6]

(1) A spouse or dependent of a military or overseas elector, temporarily living outside the county or city in which is situated the last home residence in this state of the spouse or dependent, may vote in the same manner as a military or overseas elector. (2) A spouse or depende…

(1) Any military or overseas elector may secure a ballot by submitting an application as specified in subsection (2) of this section to the clerk of the county of the military or overseas elector’s residence, or to the Secretary of State. If the application is addressed to the Se…

(1) Upon receipt of an application made under ORS 253.540, the county clerk, without regard to whether the applicant is an elector of the county, shall mail the materials prescribed in ORS 253.065 to the applicant. (2) Notwithstanding any provision of ORS chapter 247, the complet…

Whenever provision is made for absentee voting by a statute of the United States, including the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff (Public Law 99-410), an application for a ballot made under that law may be given the same effect as an applicatio…

(1) Any military or overseas elector may secure a special ballot for a primary election or general election by making an application under this section if the elector believes that: (a) The elector will be residing, stationed or working outside the territorial limits of the Unite…

(1) Upon receipt of an application made under ORS 253.565, if the applicant’s residence is in the county, the county clerk, without regard to whether the applicant is an elector of the county, shall mail to the applicant a special ballot, instructions for filling in and returning…

(1) The Secretary of State may receive ballots from military or overseas electors. (2) If the Secretary of State receives a ballot cast by a military or overseas elector, the Secretary of State shall deliver the ballot to the county clerk or elections officer of the county in whi…

All public officers having duties under ORS 253.500 to 253.640 shall coordinate their efforts with any federal authority to facilitate voting by military or overseas electors, so that these electors may cast their ballots with the least possible interference with the performance …

In the event of a national emergency, the Secretary of State shall assure that any elector called to active military duty is not unnecessarily denied the opportunity to vote simply because of military duty. [1991 c.71 §14]

(1) A military or overseas elector described in ORS 253.510 may cast a ballot using a facsimile machine or by electronic mail as provided in this section. Notwithstanding ORS 254.470 (10), a ballot cast under this section shall be counted only if the ballot: (a) Is received in th…

(1) The county clerk, an elections official or any elector shall challenge the ballot of any person offering to vote as an absent elector whom the clerk, official or elector knows or suspects not to be qualified as an elector. The person’s ballot may be challenged at any time bef…

A person may not alter any information supplied on an application for a ballot for an absent elector except: (1) An elections officer in the performance of official duties. (2) The applicant. [1985 c.808 §33; 2013 c.520 §17]

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 recall election, “ballot” includes material posted in a voting compartment or delivered to an elector by mail. (2) “Chief elections officer” means the:…

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 in the statute laws of this state. [1979 c.190 §225; 1983 c.350 §69a; 1995 c.712 §51; 1999 c.999 §45]

(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) The primary elections shall be conducted as nearly as possible according to the theory expressed in the…

(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 city officers shall be held at the same time and place as elections for state and county officers. Unless a city charter or ordin…

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 election. [1979 c.190 §228; 1987 c.267 §38; 1995 c.712 §52]

(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 ORS 254.650, at the general election officers of the state and subdivisions of the state, members of Congress and electors of President…

(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 or elected. When more than one person is to be nominated for or elected to a single office, the persons receiving the higher number of votes sha…

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 held for individuals under 18 years of age for the purpose of encouraging future voter participation. [1991 c.436 §2]