Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 7 - CONDUCT OF ELECTIONS › Section 165-007-0270 - Administrative Recounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of this rule is to establish a procedure for the conduct of
			 administrative recounts of selected ballots following an election conducted in
			 this state. The Secretary of State, as the chief elections officer for the
			 State of Oregon, has the responsibility to adopt rules that the Secretary
			 considers necessary to facilitate and assist in achieving a maximum degree of
			 correctness, impartiality and efficiency in administration of the election
			 laws. This rule is intended to carry out that responsibility by providing a
			 mechanism for selective recounts to confirm the accuracy of the automated vote
			 tally systems used to count ballots.
(2) The Elections Division may, between the
			 27th and 30th day after the election, direct the county elections official to
			 conduct a recount of an office or measure, or portions of the votes cast for an
			 office or measure, as selected by the Division. Administrative recounts ordered
			 under this subsection shall be directed only when unanticipated circumstances
			 at the election put the accuracy of the vote tally equipment used in the county
			 in question. Any such recount shall be conducted in accordance with applicable
			 procedures in ORS Chapter 258 and as stated by the Division in the order
			 directing the recount. All recounts conducted under this rule shall be
			 conducted by hand. Administrative recounts of tally machines ordered under this
			 subsection shall be limited to no more than 1,000 ballots in any one county. A
			 Division order to conduct an administrative recount shall include a procedure
			 for counties that process ballots by batch, rather than precinct. The procedure
			 for "batch counties" shall avoid requiring the county to conduct an
			 administrative recount of a specific precinct. Counties that process ballots by
			 hand will be required to conduct a hand count and a machine count of randomly
			 selected ballots and compare the results. Notwithstanding 258.161,
			 258.280
			 and 258.290, the cost of conducting a recount under this rule shall be borne by
			 the county in which the recount is conducted.
(3) Upon completion of the recount, and not
			 later than 37 days after the election, the county elections official shall
			 report on the results of the recount to the Division, together with any other
			 information requested by the Division.
(4) A county elections official may choose to
			 conduct an administrative recount of a selected office or measure and notify
			 the Division of that decision in writing not later than the 30th day after the
			 election. In this event, the Division will not direct the county to conduct an
			 administrative recount under the procedures of this rule. If the county
			 elections official chooses to conduct an administrative recount under this
			 section, the results of the recount must be reported to the Division not later
			 than the 35th day after the election.
(5) The procedures described in this rule may
			 be implemented only if a county is not required to conduct either an automatic
			 recount under ORS 258.280 and
			 258.290 or a partial or full demand recount under 258.161. In the event that a recount
			 under either of these procedures is commenced, any administrative recount is
			 terminated.
(6) Recounts conducted
			 under this rule shall not be used to alter the results obtained by the official
			 tally of ballots, unless the procedures in ORS
			 258.161 are followed to make a demand for recount, either by a qualified person or the
			 county elections official.
(7) For
			 purposes of this rule, an "administrative recount" is a hand recount of
			 selected offices or measures by hand to verify the accuracy of the vote tally
			 equipment. It is not intended to provide a basis for changing the outcome of
			 the results determined by the vote tally equipment, or to substitute for the
			 procedures in state law for the conduct of automatic or demand recounts.
			 Persons interested in challenging the vote tallies in particular races or
			 measures must utilize the procedures in ORS
			 258.161 and
			 258.171 in order to have the results of the recount become the official
			 returns.
Statutory/Other Authority: ORS
				  246.150
Statutes/Other Implemented: ORS
				  258.150  & HB 3291 (2021)