justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 253 — Absent Electors

ORS 253.700. Duty to challenge ballot; procedures. (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 persons ballot may be challenged at any time before the ballot is removed from its return envelope for processing. (2) A challenge to a ballot of a person offering to vote shall be made under oath or affirmation before the clerk and shall be in writing on a numbered challenge form. The statement shall contain the name and residence address of the challenger, the name of the person challenged and a statement of the facts upon which the challenge is based. Any elections official may administer the oath or affirmation required under this subsection.
ORS Chapter 253 — Absent Electors

ORS 253.710. Alteration of application prohibited; exceptions. 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.
ORS Chapter 253 — Absent Electors

ORS 253.990. [Subsection (2) enacted as 1955 c.332 18; repealed by 1979 c.190 431]
ORS Chapter 253 — Absent Electors

ORS 253.995. [1985 c.808 34; repealed by 1999 c.318 55] _______________
ORS Chapter 258 — Election Contests; Recounts

ORS 258.005. [1965 c.586 2; repealed by 1979 c.190 431] GENERAL PROVISIONS
ORS Chapter 258 — Election Contests; Recounts

ORS 258.006. Definitions. As used in this chapter: (1) Candidate means a candidate for nomination or election to any elective office. (2) Contestant means any person who files a petition of contest under ORS
ORS Chapter 258 — Election Contests; Recounts

ORS 258.015. [1965 c.586 3; repealed by 1979 c.190 431] ELECTION CONTESTS
ORS Chapter 258 — Election Contests; Recounts

ORS 258.016. Grounds for contest; persons authorized to contest. The nomination or election of a person, the result of a recall election or the approval or rejection of a measure may be contested by any elector entitled to vote for the person, recall or measure, by any person who was a candidate at the election for the same nomination or office, by the public officer subject to the recall, by the Secretary of State if the contest involves a state measure, the recall of a state officer or a candidate for whom the Secretary of State is the filing officer, or by the county clerk who conducted the election, only for the following causes: (1) Deliberate and material violation of any provision of the election laws in connection with the nomination, election, recall election or approval or rejection of a measure. (2) Ineligibility of the person elected to the office to hold the office at the time of the election. (3) Illegal votes. (4) Mistake or fraud in the canvass of votes. (5) Fraud in the count of votes. (6) Nondeliberate and material error in the distribution of the official ballots by a local elections official, as that term is defined in ORS 246.012, or a county clerk. (7) A challenge to the determination of the number of electors who were eligible to participate in an election on a measure conducted under section 11 (8), Article XI of the Oregon Constitution.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.026. When election results may be set aside. (1) The nomination or election of a person may not be set aside for any cause listed in ORS 258.016 (3) to (5) unless: (a) The person nominated or elected had knowledge of or connived in the cause of the contest; or (b) The number of votes taken from the person nominated or elected by reason of the cause of the contest would reduce the legal votes of the person below the number of legal votes given to another person for the same nomination or office. (2) The nomination or election of a person may not be set aside for the cause described in ORS 258.016 (6) unless the nomination or election would have been given to one of the candidates other than the candidate nominated or elected if all votes not cast or tallied due to the error had been cast or tallied for the other candidate. (3) The approval or rejection of a measure may not be set aside unless: (a) The number of votes taken from the approval or rejection by reason of the cause of the contest would reverse the outcome of the election; or (b) The outcome of the election would have been reversed if all votes not cast or tallied due to an error under ORS 258.016 (6) had been cast or tallied in opposition to the contested outcome. (4) The result of a recall election may not be set aside unless: (a) The number of votes taken from the result of the recall election by reason of the cause of the contest would reverse the result; or (b) The result of the recall election would have been reversed if all votes not cast or tallied due to an error under ORS 258.016 (6) had been cast or tallied in opposition to the contested result.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.036. Petition of contest; location of filing; contents of petition. (1) Not later than the 40th day after the election or the seventh day after completion of a recount of votes cast in connection with the election, any person authorized to contest a result of the election may file a petition of contest. The petition shall be filed with: (a) The Circuit Court for Marion County if the petition involves a state measure, a candidate for election to the office of elector of President and Vice President of the United States or a candidate for nomination or election to the office of United States Senator, United States Representative in Congress, Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries or a position of judge on the Oregon Supreme Court, the Oregon Court of Appeals or the Oregon Tax Court. (b) The circuit court for the county where a majority of the electors in the electoral district reside if the petition involves a candidate for nomination or election to the office of state Senator, state Representative, circuit court judge or district attorney. (c) The circuit court for the county in which the filing officer is located if the petition involves a candidate for nomination or election to county, city or district office or a county, city or district measure. If a district is located in more than one county, the petition shall be filed with the circuit court for the county in which the administrative office of the district is located. (d) The circuit court for the county in which the filing officer authorized to order the recall election is located if the petition involves the recall of a public officer. (2) The petition shall be verified in the manner required for verification of complaints in civil cases and shall specify: (a) The cause of the contest; and (b) The names of all contestees.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.046. Payment of costs, disbursements and attorney fees. (1) The prevailing party in the contest proceeding shall recover costs, disbursements and reasonable attorney fees at trial and on appeal against the losing party. However, if the cause of the contest is a mistake in the canvass of votes and the contestant prevails, the cost of any recanvass of votes shall be paid by: (a) The county for a contest of a state or county nomination, office, recall election or measure; (b) The city for a contest of a city nomination, office, recall election or measure; or (c) Any other political subdivision or public corporation for a contest of such a subdivision or corporation nomination, office, recall election or measure. (2) In a contest under ORS 258.016 (7), costs, disbursements and attorney fees may not be assessed against the county clerk unless the court makes a specific finding of fault against the county clerk.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.063. Effect of successful contest of recall election. (1) After the contest hearing, the circuit court shall render a judgment affirming or setting aside the results of the recall election. If the court sets aside the results of the election, a special election on the recall shall be held not later than 35 days after the date the judgment was rendered. (2) The county of the county clerk or the local elections official who committed the error in the distribution of the official ballots shall bear the cost of the special election.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.065. Effect of successful contest of nomination or election. (1) After the contest hearing, the circuit court shall render a judgment affirming or setting aside the nomination or election of the person for or to the office. (2) If the judgment sets aside the nomination of a person, it also shall declare that the nomination is vacant. (3) Except as provided in subsection (4) of this section, if the judgment sets aside the election of a person, the incumbent shall remain in office until a successor is elected. (4) If the judgment sets aside the election of a person to an office sought by an incumbent who was defeated, the office shall be declared vacant. (5) If the judgment under ORS 258.026 (2) sets aside the nomination or election of a person to a city office or as a member of the board of a district defined in ORS 255.012, the names of the candidates for the office shall be resubmitted to the electors at a special election held on the next available election date. The county of the county clerk or the local elections official who committed the error in the distribution of the official ballots shall bear the cost of the election.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.075. Effect of successful contest of measure; special election dates; tax election participation contests. (1) Except as provided in subsection (4) of this section, after the contest hearing, the circuit court shall render a judgment affirming or setting aside the approval or rejection of the measure. (2) If the judgment sets aside the approval or rejection of a measure, the circuit court shall direct the measure to be resubmitted at a special election held on one of the dates specified in this subsection, as set by the court. In setting the election date, the court shall provide sufficient time for adequate notice to be given. The special election may be held on any of the following dates: (a) The second Tuesday in March; (b) The third Tuesday in May; (c) The fourth Tuesday in August; or (d) The first Tuesday after the first Monday in November. (3) The county of the county clerk or the local elections official who committed the error in the distribution of the official ballots shall bear the cost of the special election. (4) In a contest under ORS 258.016 (7), the court shall determine whether the challenge to the determination of the number of electors who were eligible on election day to participate in the election on a measure conducted under Article XI, section 11 (8), of the Oregon Constitution, is valid. In making the determination, the court shall rely on the provisions of ORS chapter 247 and shall receive testimony from the county clerk regarding the clerks administration of ORS chapter 247. If, after a contest hearing, the court determines that the challenge to the determination of the number of electors who were eligible to participate is valid and that the change in the number of electors eligible to participate is sufficient to change the outcome of the election on the measure, the court shall order the county clerk to make a new determination of the number of eligible electors and to certify the results of the election based on the new determination.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.085. Appeal to Court of Appeals. Any party to the contest proceeding may appeal from the judgment rendered by the circuit court to the Court of Appeals in the same manner as appeals in civil cases are taken. The appeal shall take precedence over all other business on the docket. [Formerly 251.090]
ORS Chapter 258 — Election Contests; Recounts

ORS 258.145. [1965 c.586 11; 1967 c.335 25; repealed by 1979 c.190 431] RECOUNTS
ORS Chapter 258 — Election Contests; Recounts

ORS 258.150. Authority of Secretary of State over recounts; county clerk to provide notice to Secretary of State. (1) The Secretary of State shall be responsible for ensuring that the procedures to be used in conducting election recounts assure an accurate recount in the shortest time at the least expense. Whenever demands are filed for a recount of a vote for both a measure and a nomination or office, or for more than one measure, nomination or office, the Secretary of State may determine the most appropriate procedure to be used in conducting the recounts simultaneously. (2)(a) In all election recounts for the office of President and Vice President of the United States, United States Senate, United States House of Representatives, Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, Supreme Court, Court of Appeals, Oregon Tax Court, Circuit Court, Oregon Senate, Oregon House of Representatives and statewide measures, the Secretary of State shall ensure that county elections officials conduct the recount in a manner that is consistent, transparent, accurate and in accordance with all applicable laws. (b) The county clerk in each county involved in a recount described in paragraph (a) of this subsection shall provide notice to the Secretary of State of the date, time and location of the recount and information regarding all aspects of the recount process, including: (A) The appointment of counting boards; (B) The conditions for recount observers; (C) The manner in which voter intent is determined; and (D) The counting of ballots. (c) The Secretary of State shall review the notices and actual recount processes described in paragraph (b) of this subsection to ensure consistency across counties involved in the recount to the degree reasonably practicable. The Secretary of State shall be responsible for the certification of the results of the election or nomination as reported by the county clerks in the counties involved in the recount. (d) The Secretary of State may adopt rules necessary to implement this subsection.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.171. Full recount required to change results; exception for recount demand made by county clerk. (1) Except as provided in subsection (2) of this section, the person making a demand for a recount shall be bound by the original official returns unless the person demands a full recount. (2) If a demand for a partial recount is made by a county clerk under ORS 258.161 (3), votes recounted in the precincts specified by the county clerk may be combined with votes in other precincts that were not recounted to determine the official returns of the election.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.181. One recount only; two or more recount demands. (1) Except as provided in subsection (4) of this section, only one recount shall be made for any measure, nomination or office for which a recount may be demanded. (2) If two or more demands for the recount of the same measure are filed with the Secretary of State the demand first received by the Secretary of State shall be considered the demand for a recount. (3) If two or more demands for the recount of the same nomination or office are filed with the Secretary of State the demand received from or on behalf of the losing candidate receiving the highest number of votes shall be considered the demand for a recount. (4) If the demand for a recount under subsection (2) or (3) of this section specifies a partial recount, any elector may file a supplemental demand as provided in ORS 258.161.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.190. Secretary of State ordering recount after demand; notice. (1) After a recount demand is filed, the Secretary of State shall direct the official who conducted the election or the clerk of any county containing precincts in which ballots were cast on the measure or for the nomination or office specified in the demand for a recount to conduct a recount in the precincts specified in the demand. (2) If the demand for a recount of votes cast for a nomination or office is filed, the Secretary of State, not later than the third day after the filing of the first demand, shall notify the affected candidates that a recount is to be made in the precincts specified in the demand. The notice shall be sent by electronic mail or, if an electronic mail address for the affected candidate is unavailable, by certified or registered mail. (3) The official who is to conduct the recount, within a reasonable time before the recount, shall notify the affected candidates or the individual filing the demand for recount for a measure of the date, time and place of the recount.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.196. [1959 c.582 4,5,6; repealed by 1965 c.586 34]
ORS Chapter 258 — Election Contests; Recounts

ORS 258.200. Counting boards; appointment; compensation. (1) After receiving notice from the Secretary of State that a recount is to be made, the official directed to conduct the recount shall appoint counting boards from the list of electors qualified to vote in the county in which the recount is demanded. The official shall appoint as many counting boards as may be necessary to complete the recount within the shortest practicable time after the demand is filed. No member of the counting boards shall have been a candidate for any office voted upon at the election. The members of a counting board shall not all be members of the same political party. (2) Each member of the counting board shall be compensated at a rate not less than the federal or state minimum wage, whichever is higher.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.211. Opening ballot boxes; conduct of recount by hand; persons permitted to be present. (1) The ballot boxes containing the ballots to be recounted shall be opened by the official directed to make the recount only in the presence of the counting board and the persons referred to in this section. (2) The counting board shall conduct the recount by hand and, if requested, permit: (a) In the instance of a nomination or office, an affected candidate or an elector authorized in writing by an affected candidate, and an elector authorized in writing by each major or minor political party to be present to watch the recount. (b) In the instance of a measure, one elector advocating and one elector opposing the measure to be present to watch the recount. (3) For ballots cast using a voting machine: (a) The county clerk shall deposit the paper record copy recorded by the machine into the ballot box; and (b) The paper record copies are the ballots to be recounted under this section.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.221. Completion of recount; certification of votes and cost; notification of person demanding recount. (1) The recount shall be completed as soon as practicable after the demand is filed. (2) In the case of a full recount, the official directed to conduct the recount, as soon as practicable after completion of the recount, shall: (a) Certify the abstract of votes recounted to the Secretary of State. (b) Certify the abstract of votes recounted to the official issuing certificates of nomination or election regarding a nomination or office, or to the official responsible for issuing a proclamation regarding a measure. The official then shall issue the appropriate certificate or proclamation. (c) Notify by mail the person who filed the demand for the recount of the result and the cost of the recount. (3) Not later than the 30th day after the completion of the recount the official directed to conduct the recount shall certify the cost of the recount to the Secretary of State.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.231. Costs to be included and excluded from recount costs. (1) The certification of costs of a recount required in ORS 258.221 (3) may include: (a) Compensation of recount boards. (b) Compensation of additional employees required to conduct the recount and overtime payment to regular employees who are eligible to receive such payments. (c) Postage and telephone charges directly related to the recount. (d) The costs for security. (2) The certification of costs of a recount required in ORS 258.221 (3) shall not include: (a) General administrative costs. (b) Allowances for meals or lodging.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.241. Official return of election after recount. (1) In the case of a full recount, the abstract of votes resulting from the recount shall be the official return of the election. (2) Except as provided in ORS 258.171 (2), in the case of a partial recount, the abstract of votes recounted shall not be certified and the abstract of votes resulting from the original count shall be the official return of the election.
ORS Chapter 258 — Election Contests; Recounts

ORS 258.250. Payment of cost of recount. (1) If the abstract of votes resulting from a full recount shows that the outcome of the election on the measure was changed or that a candidate for whose benefit the recount was demanded received a plurality of the votes, the deposit required by ORS 258.161 shall be refunded by the Secretary of State to the person who filed the demand. (2) The Secretary of State shall transfer the deposit required by ORS 258.161 and any additional amount paid pursuant to subsection (5) of this section to a special account in the General Fund if: (a) A full recount was not conducted; or (b) The abstract of votes resulting from a full recount shows that: (A) The outcome of the election on the measure was not changed; or (B) A candidate for whose benefit the recount was demanded did not receive a plurality of the votes. (3) Moneys deposited in the special account under subsection (2) of this section are continuously appropriated for the purpose of reimbursing the county, city or other political subdivision or public corporation for the cost of the recount and paying any refunds required by subsection (4) of this section. (4) Upon receipt from the official directed to conduct the recount of a signed certificate itemizing the cost of the recount, the Secretary of State shall request the Oregon Department of Administrative Services to issue warrants for the amount so certified. Any portion of the deposit required by ORS 258.161 remaining after the cost of the recount has been paid shall be refunded to the person who filed the demand upon receipt of a warrant from the Oregon Department of Administrative Services showing the amount of the refund to which the person is entitled. (5) If the cost of the recount exceeds the amount of the deposit required by ORS
ORS Chapter 258 — Election Contests; Recounts

ORS 258.260. Costs to be collected for multicounty or statewide election recounts. If the demand for recount is made for a multicounty or statewide election, the Secretary of State also may collect those costs allowed in ORS 258.231 (1) which the secretary incurs as a result of the recount. [Formerly 251.635]
ORS Chapter 258 — Election Contests; Recounts

ORS 258.270. Payment of costs where more than one recount conducted simultaneously. If two or more recounts are conducted simultaneously, payment of the costs of the recount in counties where the same precinct or precincts are designated for recount by more than one person shall be equitably apportioned among those persons. With the advice of the official directed to conduct the recount, the Secretary of State shall determine the apportionment of costs. [Formerly 251.615]