Title 23, Elections

As used in this chapter: (1) “Ballot” means any material on which votes may be cast for candidates or measures. (2) “County clerk” means the county clerk or the county official in charge of elections. (3) “County governing body” means the county court sitting for the transaction …

(1) Except as provided in ORS 247.012 and subsection (2) of this section, an election document and an accompanying payment of fees required to be filed with the Secretary of State, county clerk or other filing officer must be delivered to and actually received at the office of th…

Notwithstanding any other statute in ORS chapters 246 to 260, the Secretary of State may by rule alter the specific language required to be written in documents relating to an election, provided that the alteration in language does not materially change the meaning of the languag…

(1) A person with a disability who is unable because of the disability to sign any election document, including a voter registration card or ballot return envelope, may use a signature stamp or other indicator of the person’s signature, as specified by the Secretary of State by r…

The Secretary of State and each county clerk shall diligently seek out any evidence of violation of any election law. [Formerly 260.325]

The Secretary of State is the chief elections officer of this state, and it is the secretary’s responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws. [1957 c.608 §2; 1979 c.190 §5; 1995 c.607 §1]

In carrying out the responsibility under ORS 246.110, the Secretary of State shall prepare and distribute to each county clerk detailed and comprehensive written directives, and shall assist, advise and instruct each county clerk, on registration of electors and election procedur…

(1) In carrying out the responsibility under ORS 246.110, the Secretary of State biennially shall organize and conduct at convenient places and times in this state at least three conferences on the administration of the election laws. (2) The Secretary of State shall conduct the …

The Secretary of State may adopt rules the secretary considers necessary to facilitate and assist in achieving and maintaining a maximum degree of correctness, impartiality and efficiency in administration of the election laws. [1957 c.608 §8; 1979 c.190 §8; 1985 c.448 §1]

The Secretary of State shall: (1) Prepare and print, in appropriate and convenient form, periodic compilations and digests of the state election statutes. (2) Distribute in appropriate quantities to the county clerks for use by the county clerks copies of the compilations and dig…

All moneys received by the Secretary of State under ORS 246.160 shall be deposited into the Secretary of State Miscellaneous Receipts Account established under ORS 279A.290. All moneys received by the Secretary of State under ORS 246.160 and deposited in the account are appropria…

(1) Notwithstanding ORS 246.250, the Secretary of State shall reimburse each county clerk for necessary expenses of an election described in subsection (2) of this section based on a claim filed by the county clerk and approved by the Secretary of State. The claim shall be made o…

(1) The Elections Fund is established separate and distinct from the General Fund of the State Treasury. Moneys in the Elections Fund may be invested as provided in ORS 293.701 to 293.857. Interest earned by the Elections Fund and the earnings of any investments shall be credited…

(1) The Secretary of State by rule shall establish administrative complaint procedures that meet the requirements of the federal Help America Vote Act of 2002 (P.L. 107-252). (2) Complaints alleging violations of Title III of the federal Help America Vote Act of 2002 (P.L. 107-25…

(1) Except as otherwise provided by law, the county clerk is the only elections officer who may conduct an election in this state. For purposes of this section, the conduct of an election includes, but is not limited to, establishing precincts, preparing ballots and sample ballot…

(1) Subject to the directives and instructions prepared and distributed or given by the Secretary of State under ORS 246.120 or 246.140, a county clerk may exercise general supervision of administration of election laws by each local elections official in the county for the purpo…

If the boundary of a city is changed, the city governing body immediately shall send a certified copy of the order, resolution or other action changing the boundary to the county clerk of each county in which the city is located. [1979 c.190 §14]

(1) The county clerk may employ personnel and procure equipment, supplies, materials, books, papers, records and facilities of every kind as the clerk considers necessary to facilitate and assist in administering the election laws. (2) The necessary expenses incurred by the count…

On the day of any primary election, general election or special election held throughout the county, the county clerk’s office shall remain open for business pertaining to the election from 7 a.m. to 8 p.m. of the same day. [1957 c.608 §18; 1979 c.190 §16; 1987 c.267 §3; 1995 c.7…

(1)(a) After each federal decennial census, the Secretary of State shall prepare detailed and comprehensive directives providing guidelines for fixing precinct and other electoral district boundaries based on census population figures. (b) After the federal decennial census and b…

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 co…

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…

(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 tal…

(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. (2) Any person owning or …

(1) A voting machine may not be approved by the Secretary of State unless the voting machine is constructed so that it: (a) Secures to the elector secrecy of voting. (b) Provides facilities for voting for the candidates of as many political parties or organizations as may make no…

(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…

(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 s…

The sale agreement shall provide for: (1) Annual payments of not less than 20 percent of the cost of the voting machines or vote tally systems or computers or computer systems, plus interest, payable on or before December 15. (2) Payment by the county of maintenance, supplies, st…

(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: (a) The voting machines or vote tally systems that the Secretary of State has co…

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…

(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 adequa…

(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, direct…

(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, …

As used in this chapter: (1) “County clerk” means the county clerk or the county official in charge of elections. (2) “Elector” means an individual qualified to vote under Article II, section 2, Oregon Constitution. (3) “Registration card” means: (a) A state voter registration ca…

(1) Each elector has the right to vote in any election in which the elector: (a) Is qualified to vote; (b) Has registered to vote in a manner authorized by law; and (c) Casts a ballot in a manner authorized by law. (2) It is the policy of this state that all election laws and pro…

Unless specifically provided otherwise, a person may vote in an election of a political subdivision of this state only if the person is an elector registered in the political subdivision. [1983 c.83 §2]

(1) A qualified person may register to vote or update a registration to vote by: (a) Delivering by mail, having a person deliver or otherwise delivering a completed registration card to any county clerk, the Secretary of State, any office of the Department of Transportation or an…

(1) A qualified person shall be considered registered to vote in a county when the person’s first registration in the county occurs as described in ORS 247.012. (2) An elector who changes residence address from the county in which the elector is registered to a different county w…

In implementing ORS 247.012, 247.017, 247.018 and 247.171, the Department of Transportation and the Oregon Health Authority shall take steps reasonably necessary to allow transfer of voter registration information by electronic or magnetic medium. [1991 c.940 §4; 2023 c.492 §6] N…

(1) A qualified person absent from the state may register by mailing to the county clerk for the county in which the person resides a completed registration card or a signed statement containing the information required on a registration card. (2) On written request from a qualif…

(1) Subject to this section, an otherwise qualified person who is at least 16 years of age may register to vote. (2) A person who registers to vote under subsection (1) of this section may not vote in an election until the person attains the age of 18 years. (3) If a person who r…

(1) The Secretary of State shall by rule establish a schedule by which the Department of Transportation shall provide to the secretary electronic records containing the legal name, age, residence and citizenship information for, and the electronic signature of, each person who me…

(1)(a) Subject to compliance with all applicable federal laws and regulations, the Secretary of State shall by rule establish a schedule by which the Oregon Health Authority shall provide to the secretary electronic records, derived from information provided to the Oregon Health …

(1) The Secretary of State by rule shall adopt an electronic voter registration system to be used by qualified persons who have a valid: (a) Oregon driver license, as defined in ORS 801.245; (b) Oregon driver permit, as defined in ORS 801.250; (c) State identification card, issue…

To vote in an election: (1) A person’s registration card must be received at an office or location described in ORS 247.012 not later than the time the office or location closes for business on the 21st day immediately preceding the election, but in no case later than midnight of…

(1) An elections official, in determining the residence and qualifications of a person offering to register or vote, shall consider the following rules, so far as they may be applicable: (a) The person’s residence shall be the place in which habitation is fixed and to which, when…

(1) A qualified person who is homeless or resides in a shelter, park, motor home, marina or other identifiable location may not be denied the opportunity to register to vote. (2) For purposes of this chapter: (a) The residence address of a person who is homeless or resides in a s…

(1) A person may not alter any information supplied on a registration card except: (a) An elections officer in the performance of official duties. (b) The person who supplies the information on the registration card for the purpose of registering to vote. (2) A county clerk may n…

(1) Except as provided in this subsection, the Secretary of State shall design, prepare and distribute state voter registration cards. The Secretary of State shall also distribute federal registration cards. Any person may apply in writing to the Secretary of State for permission…

(1) The qualifications of any person who requests to be registered or to update a registration shall be determined in the first instance by the county clerk or official designated by the county clerk to register persons as electors from the evidence present. (2) The county clerk …