71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2394
 
                         House Bill 2597
 
Sponsored by Representative HILL (at the request of Doug Scott)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires that upon demand for recount, all votes cast on any
measure or for nomination or election of candidate to office be
recounted.
 
                        A BILL FOR AN ACT
Relating to recounts of votes; creating new provisions; amending
  ORS 258.161, 258.181, 258.190, 258.221, 258.241, 258.250 and
  258.270; and repealing ORS 258.171.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 258.161 is amended to read:
  258.161. (1) A candidate or an officer of a political party on
behalf of a candidate of the political party may file a demand
requiring the Secretary of State to direct that a recount be made
  { - in specified precincts in which - }   { + of all + } votes
 { - were - }  cast for the nomination or office for which the
candidate received a vote.
  (2) An elector may file a demand requiring the Secretary of
State to direct that a recount be made   { - in specified
precincts in which - }   { + of all + } votes   { - were - }
cast on any measure which appeared on the ballot.
  (3) A county clerk may file a demand requiring the Secretary of
State to direct that a recount be made   { - in specified
precincts in which - }   { + of all + } votes   { - were - }
cast for the nomination or office for which a candidate received
a vote or on any measure that appeared on the ballot. The cash
deposit requirement of subsection
  { - (5) - }   { + (4) + } of this section shall not apply to a
demand made under this subsection. The cost of a recount
conducted under this subsection shall be paid by the county of
the county clerk making the demand.
    { - (4) The person making a demand for a recount, in the
first demand, may specify by number 5, 10 or 100 percent of the
precincts in which votes were cast for the nomination or office
or on the measure to be recounted. If in the first demand the
person requested a recount of the vote in five percent of the
precincts, the person may file a supplemental demand and specify
by number another five percent of the precincts or all the
remainder of the precincts. The person making the supplemental
demand for a recount of another five percent of the precincts may
file a second supplemental demand only to request a recount of
the vote in all remaining precincts. If in the first demand the
person requested a recount of the vote in 10 percent of the
precincts, the person may file a supplemental demand and specify
by number all the remainder of the precincts. - }
    { - (5) - }   { + (4) + } Except as provided in subsections
(3) and   { - (6) - }   { + (5) + } of this section, each demand
shall be accompanied by a cash deposit of   { - $15 for each
precinct to be recounted - }   { + an amount determined by the
Secretary of State by rule  + }up to a maximum of $8,000 for a
recount of all   { - precincts - }   { + votes cast + } in the
state on a measure or for a nomination or office. The Secretary
of State may retain the deposit for not more than 60 days after
the election for which the recount was demanded, without
depositing it in the General Fund.
    { - (6) - }   { + (5) + } Upon application from a county
clerk, the Secretary of State may waive the cash deposit
requirement of subsection
  { - (5) - }   { + (4) + } of this section if  { - , after the
first demand or first supplemental demand for a recount, - }  it
appears that due to nondeliberate and material error by a local
elections official, as defined in ORS 246.012, or a county clerk,
the outcome of an election on a candidate or measure will be
changed. The cost of a recount conducted under this subsection
shall be paid by the county of the county clerk or the county of
the local elections official who committed the error.
    { - (7) - }   { + (6) + }   { - Each - }   { + A + } demand
shall be in the form and shall contain the information prescribed
by the Secretary of State, including the names and addresses of
all persons and organizations providing any part of the cash
deposit and the amount provided by each.
    { - (8) - }   { + (7) + } The   { - first - }  demand shall
be filed in the office of the Secretary of State not later than
the 35th day  { - , a first supplemental demand not later than
the 45th day, and a second supplemental demand not later than the
50th day, - }  after the date of the election in which votes were
cast for the nomination, office or measure.
  SECTION 2. ORS 258.181 is amended to read:
  258.181. (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 five or 10 percent of the
precincts, any elector may file a supplemental demand as provided
in ORS 258.161. - }
  SECTION 3. ORS 258.190 is amended to read:
  258.190. (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 - }   { + of all votes cast on the measure
or for the nomination or office as + } 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 by certified or registered mail
that a recount is to be made   { - in the precincts specified in
the demand - } .
  (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.
  SECTION 4. ORS 258.221 is amended to read:
  258.221. (1) The recount shall be completed as soon as
practicable after the demand is filed.
  (2)   { - If all the precincts in which votes were cast on a
measure or for a nomination or office are recounted, - }  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 fourth 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.
  SECTION 5. ORS 258.241 is amended to read:
  258.241.   { - (1) If 100 percent of the precincts in which
votes were cast on a measure or for a nomination or office are
recounted, - }  The abstract of votes resulting from the recount
shall be the official return of the election.
    { - (2) If 100 percent of the precincts in which votes were
cast on a measure or for a nomination or office are not
recounted, 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. - }
  SECTION 6. ORS 258.250 is amended to read:
  258.250. (1) If the abstract of votes resulting from the
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) 100 percent of the precincts in which votes were cast
on a measure or for a nomination or office were not recounted;
or - }
    { - (b) - }  the abstract of votes resulting from the recount
shows that:
    { - (A) - }   { + (a) + } The outcome of the election on the
measure was not changed; or
    { - (B) - }   { + (b) + } A candidate for whose benefit the
recount was demanded did not receive a plurality of the votes.
  (3) All moneys deposited in the special account under
subsection (2) of this section are appropriated for the purpose
of reimbursing the county, city or other political subdivision or
public corporation for the cost of the recount.
  (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 258.161, and if the person who filed the
demand does not qualify for a refund under subsection (1) of this
section, the person shall pay to the Secretary of State the
amount of the excess cost.
  SECTION 7. ORS 258.270 is amended to read:
  258.270. 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 - }  { + the + } persons { +  that demanded
recounts + }. With the advice of the official directed to conduct
the recount, the Secretary of State shall determine the
apportionment of costs.
  SECTION 8.  { + ORS 258.171 is repealed. + }
  SECTION 9.  { + The amendments to ORS 258.161, 258.181,
258.190, 258.221, 258.241, 258.250 and 258.270 by sections 1 to 7
of this 2001 Act and the repeal of ORS 258.171 by section 8 of
this 2001 Act apply only to demands for recounts of votes cast in
elections held on or after the effective date of this 2001
Act. + }
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