Title 23, Elections

Prior to each election, the county clerk shall make every reasonable effort to acquaint electors with the ballot format to be used in the election and the methods used to mark ballots to cast a valid vote. [2001 c.965 §21; 2007 c.154 §21]

(1)(a) Each county clerk shall file a county elections security plan with the Secretary of State not later than: (A) A date established for each calendar year by the Secretary of State by rule; and (B) One business day after any revision is made to the county elections security p…

The chief elections officer shall keep a register of candidates for nomination at the primary election. The register, if applicable, shall contain for each major political party: (1) The title of each office for which the major political party will nominate candidates at the prim…

(1) The Secretary of State, not later than the 61st day before the date of a primary or general election, shall file with each county clerk a statement of the federal and state offices to be filled or for which candidates are to be nominated in the county at the election, informa…

(1) The chief elections officer of any city shall file with the county clerk of the county in which the city hall of the city is located, a statement of the city offices to be filled or for which candidates are to be nominated at the election and information concerning all candid…

If, after the deadline for filing a statement under ORS 254.085 or 254.095, an electoral district requires a change in the information contained in the statement, the electoral district for which the change is made shall bear the expenses incurred as a result of the change. As us…

(1) The governing body of a county shall file with the county clerk each measure referred by the county governing body, including the ballot title for each measure, not later than the 61st day before the date of the election. (2) For each local option tax measure or general oblig…

(1) The county clerk shall number county, city and district measures consecutively and shall not repeat any number in any subsequent election. For each election, the numbers assigned shall begin with the number after the last number assigned under this section at the previous ele…

(1) The official primary election ballot shall be styled “Official Primary Nominating Ballot for the _____ Party.” and shall state: (a) The name of the county for which it is intended. (b) The date of the primary election. (c) The names of all candidates for nomination at the pri…

(1) The names of candidates for a nonpartisan office at a nominating election held on the date of the primary election shall be listed without political party designation on a nominating ballot under the title, and department or position number if any, of the office. (2) At the p…

(1) The official general or special election ballot shall be styled “Official Ballot” and shall state: (a) The name of the county for which it is intended. (b) The date of the election. (c) The names of all candidates for offices to be filled at the election whose nominations hav…

(1)(a) Except as provided in paragraph (b) of this subsection, the names of candidates for nomination for or election to each office shall be arranged on the ballot in the order determined under ORS 254.155. (b) The names of candidates for the offices of President and Vice Presid…

(1) Not later than the 69th day before the date of any election the Secretary of State shall complete a random ordering of the letters of the alphabet. (2) Not later than the 68th day before the date of any election the Secretary of State shall mail or deliver to each county cler…

(1) If the filing officer determines that a candidate has died, withdrawn or become disqualified, or that the candidate will not qualify in time for the office if elected, the name of the candidate may not be printed on the ballots or, if ballots have already been printed, the ba…

(1) In lieu of printing the complete ballot title of any measure, other than a state measure, the county clerk may print the caption and the question of the ballot title and the measure number on the ballot. (2) In lieu of printing the complete ballot title and financial estimate…

The county clerk shall print or furnish all the required ballots and shall provide them for use by electors in the county. Only ballots printed or furnished under this section may be used in an election. [Formerly 250.080; 2007 c.154 §30]

(1) Official ballots shall be printed in black ink upon good quality material. (2) The governing body of a city, county or district may mail sample ballots to all electors within the city, county or district to assist the electors’ preparation for voting. [Formerly 250.090; 1981 …

(1) Not later than seven days before an election in which voting machines or vote tally systems are used, the county clerk shall: (a) Conduct a preparatory test of the machine and system for logic and accuracy to ensure that each ballot format, where appropriate, correctly tallie…

At any election in which the question of establishing or changing the exterior boundaries of a county or city is submitted to a vote, the county clerk shall: (1) Include with every mailed ballot a map indicating the proposed boundaries; or (2) Print in a voters’ pamphlet prepared…

(1) An elector is not qualified or permitted to vote at any primary election for any candidate of a major political party, and it is unlawful for the elector to offer to do so, unless: (a) The elector is registered as being affiliated with one of the major political parties nomin…

The county clerk shall maintain: (1) A monthly registration record of all electors registered as not being affiliated with any political party; (2) At each primary election, a record of the number of electors who voted from each major political party; (3) A record of all electors…

(1) A ballot shall be considered legally cast if the person casting the ballot is an elector at the time the ballot is cast. (2) A vote for a particular candidate or on a measure shall be counted if the elector is qualified to vote for the particular candidate or on the measure. …

(1) In each election, an elector has the right to cast the elector’s ballot in a confidential manner, with no other person knowing how the elector voted in the election. (2)(a) The Secretary of State or county clerk may not disclose as a public record under ORS 192.311 to 192.478…

(1) A person offering to vote and who claims to be an elector, but for whom no evidence of active or inactive registration can be found, shall be granted the right to vote in the manner provided in this section. (2) Whenever an elector updates a registration at a county clerk’s o…

(1) Any elector whose name has been changed may vote once in the county in which the elector is registered under the elector’s former name. (2) Following the election, the registration of the elector shall be considered inactive. The provisions of ORS 247.281 apply to an elector …

(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. (2) The clerk, official or elector challenging the ballot shall make, unde…

(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. …

(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…

(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 …

(1) Notwithstanding any provision of ORS 254.470: (a) A county clerk may apply to the Secretary of State for approval of any procedure to be used in lieu of the secrecy envelope procedures described in ORS 254.470; and (b) Upon receiving an application under paragraph (a) of this…

(1) County clerks shall conduct all elections in this state by mail. (2) The Secretary of State shall adopt rules to: (a) Provide for uniformity in the conduct of state elections by mail; and (b) Govern the procedures for conducting elections by mail. [1981 c.805 §1; 1983 c.199 §…

(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 pla…

(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 Governo…

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 t…

(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. (2) The S…

(1) At each primary election and general election, the county clerk shall maintain voting booths in the county as follows: (a) In each county with 35,000 or more electors in the county, the county clerk shall maintain a number of voting booths equal to at least one voting booth f…

(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 …

(1) Subject to ORS 260.705, upon receipt of ballots, the county clerk may: (a) Begin opening return identification envelopes of ballots and any used secrecy envelopes of ballots; and (b) In accordance with a security plan approved by the Secretary of State under ORS 254.074, begi…

(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 …

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 of…

(1) Each county clerk is responsible for the safekeeping, disposition and security of all ballots. (2) As soon as practicable after the final day permitted for a contest of the election or for filing a demand for a recount, the county clerk shall destroy all unused ballots. [Form…

(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. (2) If a counting board has been appointed, the …

(1) To tally ballots by hand, the counting board shall use the tally sheets and two copies of the return sheet. (2) The completed tally and return sheets shall contain: (a) The offices on the ballot; (b) The number and name of each candidate who received a vote; (c) The total num…

(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: (a) If the total number of write-in votes fo…

(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 prin…

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]

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 el…

(1) At each primary election, general election and special election, the county clerk shall make a determination on whether to conduct: (a) A hand count of ballots as described in this section and compare the tally of votes for those ballots produced by a vote tally system with t…

(1) As used in this section: (a) “Incorrect election outcome” means an election outcome that differs from the election outcome that would result from an accurate hand count of all validly cast ballots. (b) “Risk” means the probability that an audit procedure would fail to detect …

(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 b…