reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.055 - Delegation to district elections authority of responsibility to conduct district election.

Except as provided in ORS 255.400 to 255.424, the elections officer may delegate to the district elections authority at the request of the district elections authority any responsibility to conduct the district election, in whole or in part, if the elections officer determines that:
(1) The election will be conducted in accordance with this chapter; and
(2) No inconvenience for electors of the district will result. [Formerly 259.035; 2007 c.154 §50; 2019 c.449 §41]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.061

[1957 c.608 §195; 1961 c.532 §1; 1969 c.83 §1; 1971 c.94 §7; 1975 c.766 §10; 1977 c.364 §1; 1979 c.190 §186; renumbered 251.165]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.062 - Date of election on measure referred by district elections authority.

Unless specifically provided otherwise, when the district elections authority of a district that holds regular district elections refers a measure to the electors of the district, the election on the measure shall be held on a district election date specified by the district elections authority in the order calling the election. The election date may not be sooner than the first available election date in ORS 255.345 (1) for which the filing deadline can be met after the date of the order calling the election and may not be later than the next regular district election following the 61st day after the date of the order. [1983 c.350 §72; 1985 c.808 §40; 1989 c.923 §13]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.069 - Delivery and preparation of form for updating information on members of district boards; rules.

(1) Not later than the 115th day before a regular district election, or not later than the 135th day before a district election held on the date of a primary election or general election, the elections officer shall deliver to each district elections authority a form for updating information on members of district boards. The form shall include, at a minimum, the district offices to be filled or for which candidates are to be nominated or elected at the next district election and information concerning the candidates.
(2) Not later than the 105th day before a regular district election or not later than the 125th day before a district election held on the date of a primary election or general election, the district elections authority shall return to the elections officer the form for updating information on members of district boards.
(3) The elections officer shall prepare the notice required by ORS 255.075 by using the form completed by the district elections authority and any other information available. If the form is not returned by the district elections authority by the deadline specified in subsection (2) of this section, the elections officer shall prepare the notice for the district using the most current information available. If the form is returned by the district elections authority after the deadline, the elections officer shall prepare a corrected notice. The district shall be liable for any additional costs incurred in preparing and publishing a corrected notice.
(4) The elections officer shall retain the completed forms in a file maintained for that purpose. All forms shall be kept for a period of at least four years after the district election for which the form was completed.
(5) If a district is located in more than one county, the elections officer shall immediately certify the information contained on the form required under subsection (2) of this section to the county clerk of any other county in which the district is located.
(6) The Secretary of State by rule shall establish the forms and procedures the elections officer and the district elections authority shall use in maintaining adequate records for preparation of the form required under subsection (1) of this section. [1991 c.719 §58; 1995 c.712 §69; 2015 c.169 §4]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.075 - Publication of notice of district election to elect district board or district school board; notice by mail; rules.

(1) When a district election is to be held for the purpose of electing members of the district board, the elections officer shall publish a notice stating the date of the election, the board positions to be voted upon and the latest date on which candidates for election as board members may file petitions for nomination or declarations of candidacy. The elections officer shall deliver the notice to be printed to a newspaper of general circulation in the district not later than the 40th day before the last day for filing a petition for nomination or declaration of candidacy. The notice shall be printed once in the next available edition of the newspaper after the deadline for filing the notice.
(2)(a) In lieu of or in addition to publication of notice described in subsection (1) of this section, the elections officer may give notice by:
(A) Publishing the notice on the county’s website for a minimum of seven days; or
(B) Mailing the notice to each elector of the district.
(b) The notice given under this subsection shall be made not later than the 40th day before the last day for filing a petition for nomination or declaration of candidacy.
(c) Notice given by mail under paragraph (a)(B) of this subsection shall have postage prepaid and shall be considered given when mailed. Proof of mailing shall be by affidavit of the district elections officer who mailed the notice. The affidavit shall state the time and place the notice was mailed.
(3) The Secretary of State by rule shall establish the procedures that the elections officer shall follow in maintaining adequate records for preparation of the notice described in subsection (1) of this section. [Formerly 259.080; 1981 c.639 §6; 1983 c.379 §1; 1985 c.808 §41; 2011 c.607 §10; 2021 c.473 §5]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.085 - Notice of district election on issuance of bonds or on other measure.

(1)(a) Not later than the 61st day before a district election on a measure, the district elections authority shall deliver to the elections officer a notice stating the date of the election and a ballot title. The district elections authority shall prepare the ballot title for a measure referred by the authority with the assistance of the district attorney for the county of the elections officer or an attorney employed by the district elections authority. The district elections authority shall include the ballot title for the measure at the time the measure is submitted to the elections officer.
(b) For each local option tax measure or general obligation bond measure placed on the ballot by a municipal corporation, the elections officer shall file a copy of the notice delivered under paragraph (a) of this subsection with the Secretary of State in the manner set forth in ORS 294.474.
(2) A notice of measure election and receipt of ballot title called to approve the issuance of bonds shall include:
(a) The purpose for which the bonds are to be used;
(b) The amount and the term of the bonds;
(c) The kind of bonds proposed to be issued;
(d) If the bond election is authorized by ORS 450.900, the additional notice requirements in ORS 450.905; and
(e) The ballot title for the measure.
(3)(a) In the case of a measure submitted by initiative or referendum petition, the elections officer shall publish the notice of measure election and receipt of ballot title in the next available edition of a newspaper of general circulation in the district after the deadline for filing the notice.
(b) In the case of a measure referred by the district elections authority, the elections officer shall publish the notice of measure election and receipt of ballot title in the next available edition of a newspaper of general circulation in the district after the notice of election is filed.
(c) In addition to publishing the notice of measure election and receipt of ballot title as described in paragraphs (a) and (b) of this subsection, the elections officer may publish the notice of measure election and receipt of ballot title on the county’s website for a minimum of seven days. [Formerly 259.090; 1981 c.173 §32; 1981 c.391 §11; 1983 c.379 §2; 1985 c.808 §42; 1987 c.707 §23; 1989 c.923 §14; 1991 c.71 §10; 1991 c.107 §12; 1993 c.493 §46; 1993 c.713 §59; 1995 c.712 §120; 2011 c.607 §11; 2017 c.552 §6; 2017 c.749 §29; 2021 c.473 §6; 2021 c.551 §26]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.115 - Definitions for ORS 255.125 to 255.205.

As used in ORS 255.125 to 255.205, "district" means a district referred to in section 1 (5), Article IV, Oregon Constitution. [1979 c.190 §290]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.125 - Application of ORS 255.135 to 255.205.

ORS 255.135 to 255.205 carry out the provisions of section 1, Article IV, Oregon Constitution, and shall apply to the exercise of initiative or referendum powers by the people of a district regarding a district measure. [1979 c.190 §291]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.140 - Determination of compliance with constitutional provisions; notice; appeal.

(1) Not later than the fifth business day after receiving a prospective petition for an initiative measure, the elections officer shall determine in writing whether the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution.
(2) If the elections officer determines that the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the elections officer shall proceed as required in ORS 255.145. The elections officer shall include in the publication required under ORS 255.145 (5) a statement that the initiative measure has been determined to meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution.
(3) If the elections officer determines that the initiative measure does not meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the elections officer shall immediately notify the petitioner, in writing by certified mail, return receipt requested, of the determination.
(4) Any elector dissatisfied with a determination of the elections officer under subsection (1) of this section may petition the circuit court of the judicial district in which the administrative office of the district is located seeking to overturn the determination of the elections officer. If the elector is dissatisfied with a determination that the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the petition must be filed not later than the seventh business day after the ballot title is filed with the elections officer. If the elector is dissatisfied with a determination that the initiative measure does not meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the petition must be filed not later than the seventh business day after the written determination is made by the elections officer.
(5) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to ensure the orderly and timely circulation of the petition. [1991 c.719 §38; 2005 c.797 §44]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.145 - Preparation of ballot title for certain measures; notice.

(1) When a prospective petition for a district measure to be referred is filed with the elections officer, the officer shall authorize the circulation of the petition containing the title of the measure as enacted by the district elections authority or, if there is no title, the title supplied by the petitioner filing the prospective petition. The elections officer immediately shall send one copy of the prospective petition to the district attorney of the county in which the administrative office of the district is located.
(2) Not later than the sixth business day after a prospective petition for a district measure to be initiated is filed with the elections officer, the officer shall send one copy of it to the district attorney of the county in which the administrative office of the district is located if the measure to be initiated has been determined to be in compliance with section 1 (2)(d) and (5), Article IV of the Oregon Constitution, as provided in ORS 255.140.
(3)(a) Not later than the fifth business day after receiving the copy of the prospective petition, the district attorney shall provide a ballot title for the district measure to be initiated or referred and send one copy of the ballot title to the elections officer. Unless the circuit court certifies a different title, or the district attorney determines that a clerical correction is necessary, this ballot title shall be the title printed on the ballot.
(b) As used in this subsection, "clerical correction" means a typographical, arithmetical or grammatical correction that is evident from the text of the draft or certified ballot title.
(4) A copy of the ballot title shall be furnished to the chief petitioner.
(5)(a) The elections officer, upon receiving a ballot title for a district measure to be referred or initiated from the district attorney, shall publish in the next available edition of a newspaper of general circulation in the district a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title not later than the date referred to in ORS 255.155.
(b) In addition to publishing a notice as described in paragraph (a) of this subsection, the elections officer may publish a notice on the county’s website for a minimum of seven days. [1979 c.190 §293; 1985 c.808 §43; 1987 c.707 §20a; 1991 c.719 §29; 1995 c.607 §49; 2005 c.797 §45; 2011 c.607 §12; 2017 c.749 §22]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.155 - Procedure for elector dissatisfied with title of district measure.

(1) Any elector dissatisfied with a ballot title filed with the elections officer by the district attorney or district elections authority may petition the circuit court of the judicial district in which the administrative office of the district is located seeking a different title and stating the reasons the title filed with the court is insufficient, not concise or unfair. The petition shall name as respondent the district attorney or district elections authority, depending on who prepared the ballot title, and must be filed not later than the seventh business day after the title is filed with the elections officer. The court shall review the title and measure to be initiated or referred, hear arguments, if any, and certify to the elections officer a title for the measure which meets the requirements of ORS 250.035.
(2) An elector filing a petition under this section shall notify the county clerk in writing that the petition has been filed. The notice shall be given not later than 5 p.m. on the next business day following the day the petition is filed.
(3) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to insure the orderly and timely circulation of petitions or conduct of the election at which the measure is to be submitted to the electors. [1979 c.190 §294; 1983 c.514 §13a; 1987 c.707 §21; 1989 c.503 §16; 1993 c.493 §99; 1995 c.534 §5]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.175 - Filing officer; filing requirements; verification of signatures.

(1) An initiative or referendum petition relating to a district measure shall be filed with the elections officer for signature verification. The filed petition shall contain only original signatures.
(2) An initiative or referendum petition relating to a district measure shall not be accepted for filing if it contains less than 100 percent of the required number of signatures.
(3) For any petition requiring a number of signatures exceeding 4,500, the Secretary of State by rule shall designate a statistical sampling technique to verify whether a petition contains the required number of signatures of electors. A petition may not be rejected for the reason that it contains less than the required number of signatures unless two separate sampling processes both establish that the petition lacks the required number of signatures. The second sampling must contain a larger number of signatures than the first sampling.
(4) The Secretary of State may employ professional assistance to determine the sampling technique referred to in subsection (3) of this section. [1979 c.190 §296; 1989 c.68 §9; 1991 c.580 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.185 - Date of election on measure initiated or referred by electors.

(1) In a district that holds regular district elections, if an initiative or referendum petition contains the required number of verified signatures, the election on the district measure shall be held on the third Tuesday in May, the first Tuesday after the first Monday in November or the date of the next scheduled regular district election. The election date may not be sooner than the next available date listed in this subsection for which the filing deadline may be met and may not be later than the first regular district election following the 40th day after the date of the order calling the election.
(2) In a district that does not hold regular district elections, if an initiative or referendum petition contains the required number of verified signatures, the election on the district measure shall be held at the next available date listed in subsection (1) of this section for which the filing deadline may be met. [1979 c.190 §297; 1983 c.350 §76; 1985 c.808 §44; 1991 c.107 §13; 2015 c.44 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.205 - Retention of petition materials.

The elections officer shall retain the signature sheets of a filed initiative or referendum petition with a copy of the district measure. If the measure is approved by the district electors, a copy of the measure shall be preserved as a permanent public record, and the signature sheets shall be preserved for six years. [1979 c.190 §299]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.211

[1957 c.608 §197; 1961 c.49 §3; 1971 c.94 §3; 1971 c.733 §5; 1973 c.658 §2; 1975 c.766 §11; 1979 c.190 §181; renumbered 251.115]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.215 - Notice by mail in lieu of or in addition to newspaper publication.

In lieu of or in addition to publication of notice under ORS 255.085, if it is expedient to do so the elections officer may give notice by mail to each elector of the district. The notice shall have postage prepaid and shall be considered given when mailed. Mailed notice of a district election under ORS 255.085 shall be made not later than three days after receipt of the ballot title. Proof of mailing shall be by affidavit of the elections officer. The affidavit shall state the time and place the notice was mailed. [Formerly 259.110; 1981 c.173 §33; 1981 c.639 §7; 1985 c.808 §45; 1991 c.107 §14; 2007 c.154 §51]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.235 - Nomination of candidates for election to district boards; withdrawal.

Except as provided in ORS 255.400 to 255.424:
(1) A candidate for election as a member of a district board shall be nominated by filing with the elections officer either:
(a) A petition for nomination signed by at least 25 electors, or 10 percent of the electors, residing in the election district for the office, whichever number is less; or
(b) A declaration of candidacy accompanied by a filing fee of $10.
(2) A petition for nomination or a declaration of candidacy shall be filed with the elections officer not sooner than the 40th day before the deadline specified in paragraph (a) or (b) of this subsection and:
(a) Not later than the 61st day before the date of the district election if the election is a regular district election or the first election at which members of the district board are elected.
(b) Not later than the 70th day before the date of the district election if the election is held on the date of a primary election or general election.
(3) A nominating petition or declaration of candidacy shall contain the information specified in ORS 249.031.
(4) The Secretary of State shall ensure that the templates for a nominating petition or declaration of candidacy provide the candidate with the option to:
(a) Provide the candidate’s race and ethnicity; and
(b) Limit the public accessibility of the candidate’s residence address in the manner set forth in ORS 249.021.
(5) In a district in which a position or zone number is assigned to each office on the district board, each petition for nomination or declaration of candidacy for election to the district board shall state the position or zone number of the office to which the candidate seeks election.
(6) The provisions of ORS 249.009 (1)(b) and 249.061 do not apply to nominating petitions filed under this section.
(7) A nominee for election to the district board may withdraw the nomination not later than 5 p.m. of the last day specified for filing a petition or declaration under this section by filing with the elections officer a written withdrawal of candidacy. The withdrawal shall be signed by the nominee and state the reasons for withdrawal. [Formerly 259.070; 1981 c.173 §34; 1983 c.350 §77; 1983 c.567 §17; 1985 c.808 §46; 1989 c.503 §17; 1989 c.923 §15; 1991 c.107 §15; 1995 c.607 §50; 1995 c.712 §70; 2013 c.1 §23; 2019 c.449 §9; 2023 c.528 §5]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.245 - Nominations to fill certain vacancies; Secretary of State to adopt rules.

Except as provided in ORS 255.400 to 255.424, if a vacancy occurs in the office of district board member after the deadline for notice in ORS 255.069 (2) and on or before the 62nd day before the regular district election, the Secretary of State by rule shall provide a nominating schedule when practicable so that candidates’ names may be printed on the regular election ballot. With regard to this vacancy, requirements of publication of notice and sample ballots may be waived. The rule shall require notice of the vacancy and nominating procedure to the district electors by the most reasonable and expeditious means practicable under the circumstances, including but not limited to single publication in a newspaper of general circulation in the district. [Formerly 259.075; 1999 c.410 §65; 2019 c.449 §42]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.288 - Methods of providing map of proposed boundaries for election on boundary question.

At any election in which the question of establishing or changing the exterior boundaries of a district or the question of establishing or changing boundaries of electoral zones or subdistricts within a district is submitted to a vote, the elections officer shall provide a map indicating the proposed boundaries. The elections officer shall provide the map by:
(1) Printing the map in any voters’ pamphlet prepared for the district election; or
(2) Including the map with the ballot. [1983 c.350 §74; 1993 c.493 §47; 2007 c.154 §52]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.291 - Ballot to state position or zone number of candidate.

In a district in which a position or zone number is assigned to each office on the district board, the ballot shall state the position or zone number of the office to which the candidate seeks election. The candidate’s name shall appear on the ballot only for the designated position or zone. [1983 c.350 §79]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.295 - Preparing abstract; notification of results.

(1) Not later than the 27th day after the date of an election, the elections officer shall prepare an abstract of the votes and deliver it to the district elections authority. Not later than the 45th day after the date of an election, the district elections authority shall determine from it the result of the election.
(2) Subject to ORS 254.548, the elections officer may issue a certificate of election only after the district elections authority has notified the elections officer in writing of the result of the election. [Formerly 259.200; 1989 c.221 §1; 1993 c.493 §102; 1995 c.712 §72; 1999 c.318 §50; 1999 c.999 §57; 2005 c.157 §5; 2014 c.67 §5; 2014 c.112 §5; 2017 c.749 §30; 2018 c.70 §10; 2021 c.551 §10]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.305 - Election expenses paid by district; exceptions; apportionment of expenses; rules.

(1) Except as otherwise provided by ORS 198.775, 261.210 and 568.542, the expenses incurred for a district election shall be paid by that district.
(2) When two or more districts hold an election on the same day, the expenses of the election shall be equitably apportioned among the districts.
(3) The Secretary of State by rule:
(a) May designate a formula for the apportionment of expenses under subsection (2) of this section; and
(b) Designate categories of election expenses that are chargeable to a district. [Formerly 259.230; 1983 c.514 §14; 1995 c.243 §3; 2019 c.450 §7]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.325 - Legislative intent to promote regularity of special district elections; rulemaking and enforcement by Secretary of State.

Except as provided in ORS 255.400 to 255.424, the Secretary of State by rule shall require the districts that are not in compliance with ORS 255.335 to so comply. For this purpose, the rule may require adjusting or staggering terms of board members. [Formerly 259.235; 1981 c.173 §36; 2019 c.449 §43]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.335 - Regular district election; terms of board members; organizational meeting.

Except as provided in ORS 255.400 to 255.424:
(1) The regular district election shall be held by each district for the purpose of electing members of the district board to succeed a member whose term expires the following June 30 and to elect members to fill any vacancy which then may exist. The election shall be held in each such district in each odd-numbered year on the third Tuesday in May.
(2) A district shall not conduct more than one election of board members in any year.
(3) The first regular district election in a district shall be held on the regular district election date next following the year in which the first members of the district board were elected or appointed.
(4) The term of a board member elected at the regular district election shall commence on the first day of July next following the election and shall expire June 30 next following the regular district election at which a successor is elected.
(5) Each district board shall hold a regular organizational meeting following the regular district election and not later than the last day of July of that year. [Formerly 259.240; 1981 c.639 §8; 1983 c.350 §80; 1983 c.379 §4; 1989 c.923 §16; 1995 c.258 §1; 1995 c.712 §115a; 2001 c.73 §1; 2019 c.449 §44]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.345 - Special election dates.

(1) Except as provided in subsection (2) of this section, a special election called by a district elections authority shall not be held on any date other than:
(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.
(2) A special election may be held on a date other than that provided in subsection (1) of this section, if the district elections authority by resolution finds that an election sooner than the next available election date is required on a measure to finance repairs to property damaged by fire, vandalism or a natural disaster.
(3) As used in this section, "district elections authority" means the body or officer authorized or required to call an election for a public corporation formed under, and deriving its powers solely from, the statutes of this state, but does not include a city or county. [Formerly 259.260; 1981 c.639 §9; 1989 c.923 §17; 1991 c.71 §4; 1993 c.713 §53; 1995 c.607 §51; 1995 c.712 §116; 2021 c.551 §20]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.400 - Definitions for ORS 255.400 to 255.424.

As used in ORS 255.400 to 255.424:
(1)(a) Except as provided in paragraph (b) of this subsection, "board of a qualifying district" means:
(A) A district school board as defined in ORS 332.002;
(B) The board of directors of an education service district as defined in ORS 334.003; or
(C) A board as defined in ORS 341.005.
(b) "Board of a qualifying district" does not include the board of directors of a pilot education service district described in ORS 334.108 to 334.115.
(2) "Polarized voting" means voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by electors in a protected class, and in the choice of candidates or electoral choices that are preferred by electors in the rest of the electorate.
(3) "Protected class" means a class of electors who are distinguished by race or color or are members of a language minority group, as the class of electors is referenced and defined in the federal Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), as amended, or its successors.
(4)(a) Except as provided in paragraph (b) of this subsection, "qualifying district" means:
(A) A school district as defined in ORS 332.002;
(B) An education service district as defined in ORS 334.003; or
(C) A community college district as defined in ORS 341.005.
(b) "Qualifying district" does not include a pilot education service district described in ORS 334.108 to 334.115.
(5) "Qualifying district election" means the nomination and election of members of the board of a qualifying district. [2019 c.449 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.405 - Requirements for qualifying district elections; information required in manuals produced by Secretary of State.

(1) Notwithstanding ORS chapter 332, 334 or 341 or any other provision of law:
(a) A qualifying district election may not be conducted in a manner that impairs the ability of members of a protected class to have an equal opportunity to elect candidates of their choice or an equal opportunity to influence the outcome of an election as a result of the dilution or abridgment of the rights of electors who are members of that protected class; and
(b) The board of a qualifying district, in consultation with the county clerk that administers the electoral system of the qualifying district, may authorize a change to the electoral system used by the qualifying district in order to comply with ORS 255.400 to 255.424. Prior to authorizing a change under this paragraph, the board must take into consideration any recommendations made by the county clerk that administers the electoral system of the qualifying district.
(2) The Secretary of State shall include information regarding ORS 255.400 to 255.424 both in any manuals that provide a summary of all election law in this state that are compiled by the secretary and made publicly available on the secretary’s Internet website and in any other publications the secretary considers appropriate. In addition, the secretary shall develop and make publicly available on the secretary’s Internet website a guide describing:
(a) The process for an elector to notify the board of a qualifying district and bring an action alleging that a qualifying district’s electoral system fails to comply with this section; and
(b) The options and applicable timelines available to a board and qualifying district that receive a notice described in paragraph (a) of this subsection. [2019 c.449 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.410

[Amended by 1953 c.359 §4; 1957 c.608 §201; 1961 c.532 §3; 1969 c.83 §3; 1975 c.766 §14; 1977 c.516 §4; 1979 c.190 §188; renumbered 251.185]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 255 - Special District Elections › Section 255.440

[Amended by 1953 c.359 §4; 1953 c.647 §2; 1957 c.608 §205; 1973 c.712 §7; 1979 c.190 §189; renumbered 251.195]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 258 - Election Contests; Recounts › Section 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 258.036.
(3) "Contestee" means:
(a) In a contest of the nomination of a person for an office or the election of a person to an office, all candidates for the nomination or office, other than a candidate who is a contestant.
(b) In a contest of the approval or rejection of a measure proposed by initiative petition, the chief petitioner of the petition, unless the chief petitioner is a contestant, and any other person involved in the cause of the contest.
(c) In a contest of the result of a recall election, the public officer subject to the recall.
(d) If the cause of the contest is ORS 258.016 (6) or (7), the county clerk.
(4) "County clerk" means the county clerk or the county official in charge of elections.
(5) "Elector" means an individual qualified to vote under section 2, Article II, Oregon Constitution.
(6) "Full recount" means a recount of all the precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot.
(7) "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.
(8) "Partial recount" means a recount conducted in a number of precincts equal to the greater of:
(a) Five percent of the precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot; or
(b) Three specified precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot. [Formerly 251.015; 1983 c.392 §7; 1985 c.186 §1; 1995 c.607 §52; 2001 c.965 §28; 2009 c.511 §12]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 258 - Election Contests; Recounts › Section 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. [Formerly 251.025; 1983 c.170 §1; 1993 c.493 §48; 1997 c.541 §313a; 2001 c.965 §29; 2009 c.511 §13]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 258 - Election Contests; Recounts › Section 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. [Formerly 251.035; 1983 c.170 §2; 2009 c.511 §14]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 258 - Election Contests; Recounts › Section 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. [Formerly 251.045; 1995 c.607 §53; 2001 c.965 §30; 2009 c.511 §15; 2011 c.731 §14]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 258 - Election Contests; Recounts › Section 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. [Formerly 251.060; 1981 c.897 §44; 1991 c.331 §50; 1995 c.607 §53a; 1997 c.541 §313c; 2009 c.511 §16]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 258 - Election Contests; Recounts › Section 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. [2009 c.511 §19]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 258 - Election Contests; Recounts › Section 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. [1979 c.190 §320; 1983 c.170 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 258 - Election Contests; Recounts › Section 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 clerk’s 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. [1979 c.190 §321; 1983 c.170 §4; 1985 c.808 §47; 1989 c.923 §18; 1991 c.71 §5; 1993 c.713 §54; 1995 c.712 §117; 1997 c.541 §313b; 2021 c.551 §21]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 258 - Election Contests; Recounts › Section 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]