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 1717
Senate Bill 916
Sponsored by Senator SHIELDS; Representative ROSENBAUM
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 elections for nomination and election of
candidates for state office be conducted by instant runoff voting
system. Specifies procedures for conducting tally of ballots.
A BILL FOR AN ACT
Relating to tally of ballots for certain candidate elections;
creating new provisions; and amending ORS 254.065 and 254.145.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2001 Act are added to
and made a part of ORS chapter 254. + }
SECTION 2. { + The Legislative Assembly finds that:
(1) The instant runoff voting system is a critical step forward
in the continuing evolution of democracy.
(2) Just as a traditional runoff election allows electors to
cast a second ballot, producing a more fair and democratic result
than an election by plurality, the instant runoff voting system
allows electors to mark alternate choices on a single ballot.
(3) The instant runoff voting system eliminates one candidate
at a time and enhances the recognized advantages to traditional
runoffs. The instant runoff voting system results in:
(a) Fewer wasted votes;
(b) More enfranchised electors;
(c) A more credible position from which the winner may declare
a mandate; and
(d) No elections in which a winner is declared without
receiving a majority of the votes cast. + }
SECTION 3. { + (1) Elections for the nomination and election
of candidates for state office, as defined in ORS 249.002, shall
be conducted as described in this section.
(2) The ballot shall be designed to allow an elector to vote
for the elector's first, second and third choices from among the
candidates, including candidates listed on the ballot or one
write-in candidate.
(3) An elector may vote the elector's choices as follows:
(a) For each office for which there are three or more
candidates listed on the ballot, an elector may indicate three
choices.
(b) For each office for which there are two candidates listed
on the ballot, an elector may indicate two choices.
(c) For each office for which there is one or no candidate
listed on the ballot, an elector may indicate one choice.
(4) Ballots shall be counted as follows:
(a) If one candidate receives a majority of the first choice
votes, that candidate is nominated or elected.
(b) If no candidate receives a majority of the first choice
votes, then the candidate receiving the fewest first choice votes
shall be declared defeated. Each vote cast for the defeated
candidate shall be transferred to the candidate who was each
elector's next choice on the ballot.
(c) Candidates with the fewest votes shall continue to be
declared defeated and the votes for those candidates transferred
to the candidate who was each elector's next choice on the ballot
until a candidate receives a majority of the votes cast. When a
candidate receives a majority of votes, that candidate shall be
declared nominated or elected.
(5) Notwithstanding any provision of this section, a candidate
who receives fewer than 10 votes shall be declared defeated.
(6) If all candidates for whom an elector voted on a ballot
have been defeated, the ballot shall be declared exhausted and
shall not be considered in any continuing determination of
whether a candidate for the nomination or election received a
majority of the votes cast. If the ballot of an elector does not
list the elector's choices in numerical order, the elector's next
clearly indicated choice in order shall be counted. Ballots
marked with the same choice more than once shall be declared
exhausted when that choice is reached in counting the votes.
(7) When two or more candidates for the same nomination or
election, after a recount of the votes cast, have an equal and
highest number of votes at any stage of the counting of the
votes, and one of the candidates is to be eliminated, the tie
shall be resolved as provided in ORS 254.575. + }
SECTION 4. ORS 254.065 is amended to read:
254.065. (1) { + Except as provided in section 3 of this 2001
Act for nominations and elections to state office, as defined in
ORS 249.002, + } when one person is to be nominated for or
elected to an office, the person receiving the highest number of
votes shall be nominated or elected. When more than one person is
to be nominated for or elected to a single office, the persons
receiving the higher number of votes shall be nominated or
elected.
(2) No measure shall be adopted unless it receives an
affirmative majority of the total votes cast on the measure. If
two or more conflicting laws, or amendments to the Constitution
or charter, are approved at the same election, the law, or
amendment, receiving the greatest number of affirmative votes
shall be paramount regarding each conflict, even though the law,
or amendment, may not have received the greatest majority of
affirmative votes.
SECTION 5. ORS 254.145 is amended to read:
254.145. (1) The names of candidates for nomination for or
election to each office shall be arranged on the ballot or ballot
label in the order determined under ORS 254.155. The names of
candidates for the offices of President and Vice President of the
United States, however, shall be arranged in groups. Except as
provided in ORS 254.125, 254.135 and this section, no information
about the candidate, including any title or designation, other
than the candidate's name, shall appear on the ballot. In a
precinct in which voting machines are used, spaces shall be
provided, either on the ballot or on separate material delivered
to the elector with the ballot, in which the elector may write
the names of persons for any offices appearing on the ballot
label. In other precincts, at the end of the list of candidates
for each office shall be a blank space in which the elector may
write the name of any person not printed on the ballot. On the
left margin of the ballot or ballot label the name of each group
or candidate may be numbered. The blank spaces shall not be
numbered. A particular number shall not be used to designate more
than one candidate at any election.
(2) The names of all candidates for the same office shall be
listed in the same column on the ballot or ballot label. If more
than one column is needed to list names of all candidates for
that office, the names may be arranged in one or more columns in
block form. The block shall be set apart by rulings under the
title of the office. If a blank space follows the list of
candidates, the space shall be in the same column as the names of
candidates for that office. If blocks of columns are used, blank
spaces shall be included within the ruled block.
(3) In precincts using voting machines, the ballot label shall
be clearly marked to indicate when names of candidates for the
office are continued on the following page.
(4) When a measure is submitted to the people, the number,
ballot title and financial estimates under ORS 250.125 of each
measure shall be printed after the list of candidates. A measure
referred by the Legislative Assembly shall be designated '
Referred to the People by the Legislative Assembly.' A state
measure referred by petition shall be designated 'Referendum
Order by Petition of the People.' A state measure proposed by
initiative petition shall be designated 'Proposed by Initiative
Petition. '
(5) For an election conducted at polling places under this
chapter, each official ballot shall have a removable stub. The
stub on the ballots for a precinct shall be numbered
consecutively.
(6) The ballot shall be printed to give the elector a clear
opportunity to designate the elector's choice for candidates and
approval or rejection of measures submitted. In precincts not
using voting machines the elector shall indicate a preference by
making a cross or check mark inside a voting square corresponding
to the candidate or answer for which the elector wishes to vote.
A voting square may be printed on the blank, write-in vote
spaces. However, the elector is not required to place a mark in
the voting square corresponding to a name written in a blank
space. On the ballot or ballot label shall be printed words to
aid the elector, such as 'Vote for one,' 'Vote for three,' and
regarding measures, 'Yes' and 'No. '
{ + (7) Notwithstanding any provision of this section, a
ballot listing the names of candidates for nomination or election
to state office, as defined in ORS 249.002, shall be designed to
accommodate the instant runoff voting system described in section
3 of this 2001 Act. + }
SECTION 6. { + Section 3 of this 2001 Act and the amendments
to ORS 254.065 and 254.145 by sections 4 and 5 of this 2001 Act
apply only to elections conducted on or after January 1,
2002. + }
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