Oregon State Statutes - Oregon Attorney Directory

(1) Each county clerk shall file a county elections security plan with the Secretary of State not later than:

(a) January 31 of each calendar year; and

(b) One business day after any revision is made to the county elections security plan.

(2) A county elections security plan shall include, but is not limited to:

(a) A written security agreement entered into with any vendor handling ballots;

(b) Security procedures for transporting ballots;

(c) Security procedures at official places of deposit for ballots;

(d) Security procedures for processing ballots;

(e) Security procedures governing election observers;

(f) Security procedures for ballots located in county elections work areas, buildings and storage areas;

(g) Security procedures for vote tally systems, including computer access to vote tally systems; and

(h) Post-election ballot security.

(3) A security plan developed and filed under this section is confidential and not subject to disclosure under ORS 192.410 to 192.505.

[2001 c.965 §48]

Note: Sections 2, 3 and 4, chapter 542, Oregon Laws 2003, do not become effective unless the amendment to the Oregon Constitution as proposed by Senate Joint Resolution 19 (2003) is approved by the people at the regular general election held throughout this state on November 2, 2004. See section 24, chapter 542, Oregon Laws 2003. Sections 2, 3 and 4, chapter 542, Oregon Laws 2003, provide:

Sec. 2. (1) If the Secretary of State determines that a vacancy exists in the nomination of a candidate of a major political party for state office, that the vacancy is due to the death of the candidate and that the vacancy occurred after the 30th day before the date of the general election:

(a) The election for that state office may not be held at the general election;

(b) The county clerks may not count ballots cast for candidates for that state office at the general election; and

(c) The Secretary of State shall order a special election as provided in section 3 of this 2003 Act.

(2) The candidates listed on the ballot at the special election shall be:

(a) The candidates who were listed on the general election ballot, other than the candidate whose nomination became vacant; and

(b) The candidate selected to fill the vacancy in the nomination as provided in ORS 249.190 or 249.205.

(3) As used in this section "state office" means the office of Governor, Secretary of State, State Treasurer, Attorney General, state Senator or state Representative.

[2003 c.542 §2]

Sec. 3. (1) If the Secretary of State determines that a special election is necessary under section 2 of this 2003 Act, the secretary shall issue an order calling the election. The secretary shall issue the order not later than the fifth business day after the date of the general election.

(2) The date of the special election shall be determined by the Secretary of State by rule. The special election shall be held not sooner than January 2 of the odd-numbered year following the date of the general election and not later than the Friday before the second Monday in January of the odd-numbered year.

(3) Notwithstanding ORS 254.465, the special election shall be held by mail as provided in ORS 254.470.

(4) There shall be no state voters' pamphlet for any special election called under this section.

[2003 c.542 §3]

Sec. 4. (1) Notwithstanding ORS 253.045 and 253.065, for a special election called under section 3 of this 2003 Act, long-term absentee ballots shall be mailed not later than the 30th day before the date of the election. County clerks shall make other absentee ballots available not later than the 28th day before the date of the special election.

(2) Notwithstanding ORS 254.545, not later than 5 p.m. of the third day after the date of the special election, the county clerk shall deliver to the Secretary of State a copy of the abstracts for the offices voted upon at the special election. The abstract for election of Governor shall be delivered separately to the secretary as provided in section 4, Article V of the Oregon Constitution.

(3) Notwithstanding ORS 253.135, not later than 5 p.m. of the first day after the date of the special election, a county clerk who received a ballot originating in another county shall forward the ballot by overnight mail or delivery or by the most expeditious means available to the county clerk of the county from which the ballot originated.

(4) Notwithstanding ORS 254.555, not later than 5 p.m. of the fourth business day after the date of the special election, the Secretary of State shall issue a proclamation declaring the election of candidates to offices or shall order recounts of the votes cast as provided in ORS 258.280.

(5)(a) Notwithstanding ORS 258.161, a recount may not be conducted for any special election under this section unless the recount is required by ORS 258.280.

(b) If a recount for any special election is required by ORS 258.280, the Secretary of State shall complete the recount as expeditiously as possible to minimize disruption to the sessions of the Legislative Assembly and shall issue a proclamation declaring the election of a candidate to office upon completion of the recount.

(6) The cost of all special elections called under section 3 of this 2003 Act shall be paid by the state.

(7) The ballot at a special election described in this section may not contain:

(a) Any measure; or

(b) Any candidate other than those candidates for which a special election is necessary.

(8) If there is a vacancy in the nomination of a candidate at a special election called under section 3 of this 2003 Act, the vacancy in the nomination shall be filled in the manner provided in ORS chapter 249 and the special election shall be held as scheduled.

(9) When the office of state Senator or state Representative is vacant at the beginning of a session of the Legislative Assembly due to a special election called under section 3 of this 2003 Act, the vacancy may not be filled as provided in ORS 171.051 unless, before entering upon the duties of the office to which the person was elected, the person elected at the special election dies, resigns or is declared disqualified by the house to which the person was elected.

(10) The Secretary of State may adopt rules governing the procedures for conducting a special election required by section 2 of this 2003 Act.

[2003 c.542 §4]

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