Oregon Chapter 246
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TITLE 23
ELECTIONS
Chapter 246. Administration of Election Laws; Vote
Recording Systems
247. Qualification and Registration of Electors
248. Political Parties; Presidential Electors
249. Candidates; Recall
250. Initiative and Referendum
251. Voters’ Pamphlet
253. Absent Electors
254. Conduct of Elections
255. Special District Elections
258. Election Contests; Recounts
259. Campaign Finance
260. Campaign Finance Regulation; Election
Offenses
_______________
Chapter 246 —
Administration of Election Laws; Vote Recording Systems
2007 EDITION
ELECTION LAWS; VOTE RECORDING SYSTEMS
ELECTIONS
GENERAL PROVISIONS
246.012 Definitions
246.021 Time
within which election documents must be received by elections officer;
electronic facsimile transmissions; electronic campaign finance statements
246.025 Use
of signature stamp by person with disability
246.046 Secretary
of State and county clerks to seek out evidence of violations
SECRETARY OF STATE
246.110 Secretary
of State as chief elections officer
246.120 Directives,
instructions and assistance to county clerks
246.140 Election
law conferences for county clerks
246.150 Rules
246.160 Compilations
and digests of election laws; distribution of supplies and materials to county
clerks and others
246.170 Deposit
of moneys received under ORS 246.160 in Secretary of State Miscellaneous
Receipts Account
246.179 Reimbursement
of county clerk for special elections for United States Senator or
Representative and for recall elections involving state office
246.185 Elections
Fund
246.190 Help
America Vote Act complaint procedures; rules
246.200 County
clerk to conduct elections; exceptions
246.210 County
clerk to supervise local elections officials
246.245 Notification
to county clerk when city boundary changed
246.250 Personnel;
equipment, materials and facilities; payment of expenses; administering oaths
246.270 Office
hours of county clerk on election days
PRECINCTS
246.410 Establishment
and modification of precincts; maximum number of electors in precinct
VOTE RECORDING SYSTEMS
246.520 Applicable
laws; conflicting laws and ordinances inapplicable
246.530 Adoption,
purchase or procurement of equipment; use thereafter
246.540 Joint
purchase, maintenance and use
246.550 Examination
and approval of equipment by Secretary of State
246.560 Requirements
for approval of equipment
246.565 Audit
of computerized voting system by Secretary of State; copy of instructions for
operation and maintenance; maintenance log
246.570
246.580 Content
of vote recording system sale agreement
246.590 Loans
from State Treasurer for purchase of voting equipment or computers; Voting
Machine Account
246.600 Deposits
in Voting Machine Account; repayment to State Treasurer
COMPELLING OFFICERS, OFFICIALS TO PERFORM
DUTIES
246.820 Order
to compel county clerk, city elections officer or elections official to comply
with interpretation, rule, directive or instruction
APPEALS FROM OFFICERS, OFFICIALS
246.910 Appeal
from Secretary of State, county clerk or other elections official to courts;
deadline for filing
246.010 [Repealed by 1957 c.608 §231]
246.011 [1957 c.608 §1; 1975 c.675 §1; repealed by
1979 c.190 §431]
GENERAL
PROVISIONS
246.012
Definitions. 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 of county business or the board of county
commissioners.
(4) “Election” means any election held
within this state.
(5) “Elector” means an individual
qualified to vote under section 2, Article II, Oregon Constitution.
(6) “Governing body” means the governing
body of any subdivision of the state.
(7) “Local elections official” means any
person who is:
(a) An official of any election precinct
or special district or public corporation organized for public purposes; and
(b) Authorized or required by law to
perform functions in connection with elections held in the election precinct or
special district or public corporation organized for public purposes.
(8) “Measure” includes any of the
following submitted to the people for their approval or rejection at an
election:
(a) A proposed law.
(b) An Act or part of an Act of the
Legislative Assembly.
(c) A revision of or amendment to the
Oregon Constitution.
(d) Local, special or municipal
legislation.
(e) A proposition or question.
(9) “Precinct” means any election
precinct.
(10) “Vote tally system” means one or more
pieces of equipment necessary to examine and tally automatically the marked
ballots.
(11) “Voting machine” means any device
that will record every vote cast on candidates and measures and that will
either internally or externally total all votes cast on that device. [1979
c.190 §1; 1983 c.392 §2; 2005 c.731 §1; 2005 c.797 §64]
246.015 [1999 c.410 §2; repealed by 2007 c.154 §67]
246.020 [Repealed by 1957 c.608 §231]
246.021
Time within which election documents must be received by elections officer;
electronic facsimile transmissions; electronic campaign finance statements. (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 the designated officer not later than 5 p.m. of the day the document
or fee is due or, if the day due is a Saturday, Sunday or holiday, on the next
business day.
(2) If, at 5 p.m. of the day an election
document is due, an individual is physically present in the office of the
secretary, county clerk or other filing officer and in line waiting to deliver
the document, the individual is considered to have begun the act of delivering
the document and is permitted to file it.
(3) Any election document required to be
filed with the filing officer other than ballots, voter registration cards or
petitions requiring signatures of electors may also be filed by means of an
electronic facsimile transmission machine. If an election document is required
to be filed by a specified time, the entire document must be received in the
office of the filing officer not later than 5 p.m. of the day the document is
due or, if the day due is a Saturday, Sunday or holiday, on the next business
day.
(4) Notwithstanding any provision of
subsections (1) to (3) of this section, if a statement is required to be filed
electronically under ORS 260.057:
(a) The statement must be received
electronically at the office of the Secretary of State not later than 12
midnight of the day the statement is due or, if the day due is a Saturday,
Sunday or holiday, on the next business day; and
(b) The Secretary of State may not accept
the filing of the statement in any form other than an electronic format.
(5) As used in this section, “election
document” includes, but is not limited to, a declaration of candidacy for
nomination for public or political party office, completed nominating
petitions, statements and portraits for voters’ pamphlets, statements of
election campaign contributions and expenditures, and initiative, referendum or
recall petitions. [Formerly 246.510; 1967 c.228 §1; 1979 c.190 §2; 1991 c.719 §4;
1993 c.713 §27; 1999 c.824 §9; 2005 c.809 §46; 2007 c.570 §5]
246.025
Use of signature stamp by person with disability. (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
rule, whenever the signature of the person is required under any election law.
(2) A person who desires to use a
signature stamp or other indicator of the person’s signature as described in
subsection (1) of this section shall attest that the person needs to use the
stamp or indicator due to a disability. The attestation shall be made at the
time the person registers to vote or updates a registration and shall be made
on a form designed and supplied by the Secretary of State. [1997 c.189 §2; 2007
c.154 §2]
246.030 [Repealed by 1957 c.608 §231]
246.035 [1965 c.527 §4; repealed by 1971 c.267 §16]
246.040 [Repealed by 1957 c.608 §231]
246.045 [1967 c.338 §§2,3; 1975 c.675 §2; 1979 c.190
§391; renumbered 260.705]
246.046
Secretary of State and county clerks to seek out evidence of violations. The Secretary of State and each county clerk
shall diligently seek out any evidence of violation of any election law. [Formerly
260.325]
246.050 [Repealed by 1957 c.608 §231]
246.055 [1973 c.154 §1; repealed by 1979 c.190 §431]
246.060 [Repealed by 1957 c.608 §231]
246.070 [Repealed by 1957 c.608 §231]
246.080 [Repealed by 1957 c.608 §231]
246.090 [Repealed by 1957 c.608 §231]
246.100 [Repealed by 1957 c.608 §231]
SECRETARY OF
STATE
246.110
Secretary of State as chief elections officer. 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]
246.120
Directives, instructions and assistance to county clerks. 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
procedures which are under the direction and control of the county clerk. The
directives and instructions shall include relevant sample forms of ballots,
documents, records and other materials and supplies required by the election
laws. A county clerk affected thereby shall comply with the directives or
instructions. [1957 c.608 §3; 1965 c.464 §1; 1979 c.190 §6]
246.130 [1957 c.608 §4; repealed by 1979 c.190 §431]
246.140
Election law conferences for county clerks. (1) In carrying out the responsibility under ORS 246.110, the
Secretary of State, not later than December 31 following the date of
adjournment of the regular session of the Legislative Assembly, 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 give
written notice of the place and time of each conference to each county clerk.
(3) Each county clerk or designated deputy
shall attend at least one of the conferences and shall comply with the
instructions given under the authority of the Secretary of State at each
conference the county clerk or deputy attends. [1957 c.608 §5; 1959 c.263 §1;
1979 c.190 §7; 1983 c.567 §3; 1991 c.719 §19; 2001 c.965 §49]
246.150
Rules. 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]
246.160
Compilations and digests of election laws; distribution of supplies and
materials to county clerks and others. 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 digests and any supplies and materials necessary to the conduct of
elections as the Secretary of State considers appropriate.
(3) Make the compilations and digests
available for distribution, free or at cost, to interested persons. [1957 c.608
§125; 1963 c.455 §1; part renumbered 246.170; 1979 c.190 §9; 1991 c.719 §46;
2007 c.154 §3]
246.170
Deposit of moneys received under ORS 246.160 in Secretary of State Miscellaneous
Receipts Account. 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 appropriated continuously to the Secretary of
State for the payment of expenses incurred in performing the functions
described in ORS 246.160. [Formerly part of 246.160; 1973 c.162 §3; 1979 c.190 §10;
1995 c.144 §7; 2003 c.794 §220]
246.179
Reimbursement of county clerk for special elections for United States Senator
or Representative and for recall elections involving state office. (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 on a form designed by the Secretary of State. The Secretary of State shall
make the reimbursement from funds made available to the Secretary of State by
the Emergency Board.
(2) The Secretary of State shall reimburse
each county clerk for necessary expenses of:
(a) A special primary election or a
special election to fill a vacancy in the election or office of United States
Senator or Representative in Congress held on a date other than the date of the
primary election or the general election; or
(b) A recall election involving the holder
of a state office. As used in this subsection, “state office” has the meaning
given that term in ORS 249.002. [1983 c.567 §2; 1987 c.267 §2; 1993 c.194 §§1,2;
1995 c.712 §2]
246.180 [1973 c.283 §9; 1979 c.190 §98; renumbered
249.009]
246.185
Elections Fund. (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 293.820. Interest earned by the Elections Fund and the earnings
of any investments shall be credited to the fund.
(2) The Elections Fund consists of:
(a) Amounts appropriated or otherwise made
available by the Legislative Assembly or this state for carrying out the
activities for which payments are made to this state under the federal Help
America Vote Act of 2002 (P.L. 107-252);
(b) Payments made to this state under the
federal Help America Vote Act of 2002 (P.L. 107-252);
(c) Other amounts as may be appropriated
by law; and
(d) Interest earned on deposits in the
fund.
(3) Moneys deposited to the credit of the
Elections Fund are continuously appropriated to the Secretary of State for the
purpose of paying the expenses of carrying out the activities for which
payments are made to this state under the federal Help America Vote Act of 2002
(P.L. 107-252). [2003 c.64 §2; 2005 c.797 §70]
246.190
Help
(2) Complaints alleging violations of
Title III of the federal Help America Vote Act of 2002 (P.L. 107-252) must be
filed as provided in rules adopted under this section. Complaints alleging
violations of Title III of the federal Help America Vote Act of 2002 (P.L.
107-252) may not be filed under ORS 260.345. [2003 c.64 §7]
246.200
County clerk to conduct elections; exceptions. (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
ballots, and receiving and processing votes.
(2) Notwithstanding subsection (1) of this
section:
(a) The county clerk is not the only
elections officer who may accept and verify a filing for nomination or filing
of a petition, prepare a voters’ pamphlet or ballot title, or prepare or
publish an election notice; and
(b) The Secretary of State may receive
ballots as provided in ORS 253.585. [1979 c.317 §1; 1983 c.350 §63a; 1987 c.535
§1; 2003 c.64 §3; 2007 c.154 §4]
246.210
County clerk to supervise local elections officials. (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 purpose of achieving and maintaining a maximum degree of correctness,
impartiality, efficiency and uniformity in the administration by local elections
officials. In this regard the county clerk may assist local elections officials
in answering questions concerning the proper administration of election laws.
(2) If under this section two or more
county clerks exercise general supervision of the same local elections
official, the county clerks shall cooperate and coordinate to insure uniformity
of general supervision. [1957 c.608 §9; 1979 c.190 §11; 1985 c.448 §2]
246.220 [1957 c.608 §10; 1979 c.190 §12; repealed by
1985 c.448 §5]
246.230 [1957 c.608 §11; 1965 c.527 §1; 1971 c.660 §1;
1975 c.675 §3; 1979 c.190 §13; repealed by 1985 c.448 §5]
246.235 [1965 c.527 §3; repealed by 1979 c.190 §431]
246.240 [1957 c.608 §12; repealed by 1965 c.527 §5]
246.245
Notification to county clerk when city boundary changed. 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]
246.250
Personnel; equipment, materials and facilities; payment of expenses;
administering oaths. (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
county clerk in administering the election laws shall be allowed by the county
governing body and paid out of the county treasury.
(3) The county clerk and deputies may
administer oaths and affirmations in connection with the performance of their
functions in administering the election laws. [1957 c.608 §14; 1979 c.190 §15;
2007 c.154 §5]
246.260 [1957 c.608 §15; repealed by 1979 c.190 §431]
246.265 [1977 c.829 §12; repealed by 1979 c.190 §431]
246.270
Office hours of county clerk on election days. 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.712 §3; 1999 c.410 §3; 1999 c.999 §29]
246.300 [1957 c.608 §17; repealed by 1975 c.675 §36]
246.310 [1957 c.608 §22; 1959 c.317 §1; 1963 c.37 §1;
1963 c.159 §1; 1975 c.675 §4a; 1979 c.190 §17; 1983 c.514 §2; 1985 c.471 §1;
1991 c.69 §1; 1995 c.712 §4; 2005 c.797 §53; repealed by 2007 c.154 §67]
246.320 [1957 c.608 §23; 1979 c.190 §18; 1993 c.797 §20;
repealed by 2007 c.154 §67]
246.330 [1957 c.608 §24; 1973 c.588 §1; 1975 c.675 §5;
1975 c.678 §3; 1979 c.190 §19; 1979 c.519 §1a; 1995 c.607 §2; repealed by 2007
c.154 §67]
246.335 [1979 c.749 §2 (enacted in lieu of 246.340);
1991 c.719 §20; repealed by 2007 c.154 §67]
246.340 [1957 c.608 §25; 1959 c.89 §1; 1979 c.190 §20;
repealed by 1979 c.749 §1 (246.335 enacted in lieu of 246.340)]
246.350 [1975 c.678 §1; repealed by 1979 c.190 §431]
PRECINCTS
246.410
Establishment and modification of precincts; maximum number of electors in
precinct. The county clerk,
not later than the 30th day before an election, may create, combine or divide
one or more precincts. The number of electors to be included in a precinct
shall not exceed 5,000. The county clerk shall fix the boundaries of the
precincts and designate the precincts by numbers or names. [1957 c.608 §20;
1959 c.317 §2; 1965 c.109 §1; 1973 c.662 §1; 1977 c.301 §5; 1979 c.190 §21;
1979 c.427 §2; 1985 c.528 §1; 1987 c.267 §5; 1995 c.607 §3; 1995 c.712 §5; 1999
c.410 §4; 1999 c.999 §30]
246.420 [1957 c.608 §21; 1961 c.49 §1; 1961 c.174 §1;
1975 c.675 §6; 1977 c.179 §1; 1979 c.190 §22; 1989 c.224 §36; 1993 c.503 §11;
1999 c.410 §5; repealed by 2007 c.154 §67]
246.510 [1955 c.246 §1; renumbered 246.021]
VOTE
RECORDING SYSTEMS
246.520
Applicable laws; conflicting laws and ordinances inapplicable. 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
conflicts with the use of voting machines or vote tally systems as provided in
ORS 246.520 to 246.600 does not apply to elections in which voting machines or
vote tally systems are used. [Formerly 258.025]
246.530
Adoption, purchase or procurement of equipment; use thereafter. 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 elections for public and party offices and on all measures, and for
receiving, registering and counting the votes in the precincts as the governing
body directs. [Formerly 258.045]
246.540
Joint purchase, maintenance and use. (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 tally systems and
for the care, maintenance and use of the machines or systems.
(2) The governing body of two or more
counties may provide for the joint use of voting machines or vote tally
systems. [Formerly 258.105]
246.550
Examination and approval of equipment by Secretary of State. (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 interested in a
voting machine or vote tally system may submit it to the secretary for
examination. For the purpose of assistance in examining the machine or system
the secretary may employ not more than three individuals who are expert in one
or more of the fields of data processing, mechanical engineering and public
administration. The compensation of these assistants shall be paid by the
person submitting the machine or system.
(3) Not later than the 30th day after
completing the examination, the secretary shall approve or reject the voting machine
or vote tally system. If the secretary approves the machine or system, the
secretary shall make a report on the machine or system, together with a written
or printed description, drawings and photographs clearly identifying the
machine or system and its operation. Upon request, the secretary shall send a
copy of the report to any governing body within the state.
(4) Any voting machine or vote tally
system approved by the secretary may be used for conducting elections. A
machine or system rejected by the secretary may not be used at any election. If
a machine or system is changed after the machine or system has been approved by
the secretary, the secretary is not required to reexamine or reapprove the
machine or system if the secretary determines that the change does not impair
the accuracy, efficiency or capacity of the machine or system.
(5) If, after consulting with county
clerks, the secretary determines that a voting machine or vote tally system
approved by the secretary does not comply with the requirements of ORS 246.560,
the secretary may revoke the approval. If the secretary revokes approval, the
machine or system may not be used in any election. [Formerly 258.155; 2005
c.731 §2; 2005 c.797 §65]
246.560
Requirements for approval of equipment. (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
nominations and for or against as many measures as may be submitted.
(c) Permits the elector to vote for any
person and as many persons for an office and upon any measure for which the
elector has the right to vote.
(d) Permits the elector, except at a
primary election, to vote for all the candidates of one party or in part for
the candidates of one party and in part for the candidates of one or more other
parties.
(e) Correctly records on a separate ballot
the votes cast by each elector for any person and for or against any measure.
(f) Provides that a vote for more than one
candidate cannot be cast by one single operation of the voting machine or vote
tally system except for President and Vice President and electors for those offices.
(g) Provides that straight party pointers
shall be disconnected from all candidate pointers.
(h) Contains a device that will duplicate
the votes cast by each elector onto a paper record copy.
(i) Contains a device that will allow each
elector to view the elector’s paper record copy while preventing the elector
from directly handling the paper record copy.
(2) A vote tally system shall be:
(a) Capable of correctly counting votes on
ballots on which the proper number of votes have been marked for any office or
measure that has been voted.
(b) Capable of ignoring the votes marked
for any office or measure if more than the allowable number of votes have been
marked, but shall correctly count the properly voted portions of the ballot.
(c) Capable of accumulating a count of the
specific number of ballots tallied for a precinct, accumulating total votes by
candidate for each office, and accumulating total votes for and against each
measure of the ballots tallied for a precinct.
(d) Capable of tallying votes from ballots
of different political parties, from the same precinct, in a primary election.
(e) Capable of accommodating the procedure
established under ORS 254.155.
(f) Capable of automatically producing
precinct totals in either printed, marked, or punched form, or combinations
thereof. [Formerly 258.165; 1987 c.267 §6; 1993 c.713 §47; 1995 c.712 §6; 1999
c.999 §31; 2005 c.731 §3; 2005 c.797 §66]
246.565
Audit of computerized voting system by Secretary of State; copy of instructions
for operation and maintenance; maintenance log. (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
vote tally system.
(2) The county clerk shall obtain a copy
of the written instructions for the operation and maintenance of any component
of a vote tally system described in subsection (1) of this section. The clerk
shall obtain the copy from the manufacturer or vendor of any component and
shall retain the copy.
(3) The county clerk shall keep a log of
all maintenance performed on any component of a vote tally system after the
component is purchased and installed. The county clerk shall distinguish
maintenance performed during the period that occurs after the preparatory test
conducted under ORS 254.235 (1) and before the public certification test
conducted under ORS 254.525.
(4) As used in this section:
(a) “Computer” means, but is not limited
to, an electronic device that performs logical, arithmetic or memory functions
by the manipulations of electronic or magnetic impulses and includes all input,
output, processing, storage, software or communication facilities that are
connected or related to such a device in a system or network.
(b) “Computer network” means, but is not
limited to, the interconnection of communication lines, including microwave or
other means of electronic communication, with a computer through remote
terminals or a complex consisting of two or more interconnected computers.
(c) “Computer program” means, but is not
limited to, a series of instructions or statements, in a form acceptable to a
computer, that permits the functioning of a computer system in a manner
designed to provide appropriate products from the computer system.
(d) “Computer software” means, but is not
limited to, computer programs, procedures and associated documentation
concerned with the operation of a computer system.
(e) “Computer system” means, but is not
limited to, a set of related, connected or unconnected computer equipment,
devices and software. [1989 c.959 §2; 2001 c.965 §25; 2007 c.71 §77]
246.570
(2) The Secretary of State on having
entered into an agreement with a county may purchase the necessary voting
machines or vote tally systems or computers or computer systems using money
made available under the provisions of ORS 246.590. [Formerly 258.405; 1995
c.144 §15]
246.580
Content of vote recording system sale agreement. 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, storage and transportation costs of the voting machines or vote tally
systems or computers or computer systems. [Formerly 258.415; 1985 c.808 §1;
1995 c.144 §16]
246.590
Loans from State Treasurer for purchase of voting equipment or computers;
Voting Machine Account. (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 293.820 for the acquisition of:
(a) The voting machines or vote tally
systems that the Secretary of State has contracted to sell to a county.
(b) Computers or computer systems for the
purpose of maintaining and updating elector registration files or for
establishing cross-county elector registration files, including those that the
Secretary of State has contracted to sell to a county.
(2) The Voting Machine Account is
established in the General Fund. The account consists of moneys lent to the
Secretary of State under this section and payments collected from counties
under ORS 246.600. Moneys in the account are continuously appropriated to the
secretary for:
(a) The purchase of voting machines or
vote tally systems or computers or computer systems described in subsection (1)
of this section; and
(b) Repayment of moneys lent under this
section, plus interest.
(3) Moneys lent under this section shall
be repaid within five years together with interest at a rate agreed upon by the
State Treasurer and the Secretary of State. [Formerly 258.425; 1993 c.713 §62;
1995 c.144 §17; 2005 c.755 §6]
246.600
Deposits in Voting Machine Account; repayment to State Treasurer. 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, computers or vote tally or computer systems during the calendar year,
plus interest at a rate agreed upon by the State Treasurer and the Secretary of
State, shall be paid to the State Treasurer as the repayment of money advanced
for the acquisition of voting machines, computers or vote tally or computer
systems. Payment shall be made to the State Treasurer not later than December
31 of each year. [Formerly 258.435; 1995 c.144 §18]
246.610 [Formerly 258.445; 1995 c.144 §19; repealed
by 2005 c.755 §59]
246.810 [1957 c.608 §6; 1979 c.190 §35; repealed by
1985 c.448 §5]
COMPELLING
OFFICERS, OFFICIALS TO PERFORM DUTIES
246.820
Order to compel county clerk, city elections officer or elections official to
comply with interpretation, rule, directive or instruction. (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,
directive or instruction made by the Secretary of State under ORS 246.120,
246.140 or 246.150, the Secretary of State may apply to the appropriate circuit
court for an order to compel the county clerk, city elections officer or local
elections official to comply.
(2) The court shall dispose of the matter
under subsection (1) of this section as soon as possible, but in any case not
later than the fifth day after the Secretary of State applies for an order.
(3) The remedy provided in this section is
cumulative and does not exclude any other remedy against a county clerk, city
elections officer or local elections official who fails to comply with an
interpretation of any election law or the rule, directive or instruction. [1957
c.608 §7; 1979 c.190 §36; 1985 c.448 §3; 1995 c.607 §9]
246.830 [1957 c.608 §13; 1979 c.190 §37; repealed by
1985 c.448 §5]
APPEALS FROM
OFFICERS, OFFICIALS
246.910
Appeal from Secretary of State, county clerk or other elections official to courts;
deadline for filing. (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, a county clerk, a city elections
officer or any other county, city or district official under any election law,
may appeal therefrom to the circuit court for the county in which the act or failure
to act occurred or in which the order, rule, directive or instruction was made.
(2) An appeal described in subsection (1)
of this section of an order of the Secretary of State approving or disapproving
a state initiative petition for circulation for the purpose of obtaining
signatures of electors must be filed within 60 days following the date the
order is served.
(3) Any party to the appeal proceedings in
the circuit court under subsection (1) of this section may appeal from the
decision of the circuit court to the Court of Appeals.
(4) The circuit courts and Court of
Appeals, in their discretion, may give precedence on their dockets to appeals
under this section as the circumstances may require.
(5) The remedy provided in this section is
cumulative and does not exclude any other remedy against 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 against any
order, rule, directive or instruction made by the Secretary of State, a county
clerk, a city elections officer or any other county, city or district official
under any election law. [1957 c.608 §19; 1975 c.227 §2; 1979 c.190 §38; 1983
c.514 §3; 1995 c.607 §10; 2005 c.797 §26]
246.990 [Repealed by 1957 c.608 §231]
246.991 [1967 c.338 §4; 1975 c.675 §7; repealed by
1979 c.190 §431]
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