72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1634
 
                         Senate Bill 319
 
Sponsored by Senator WALKER
 
 
                             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.
 
  Prescribes deadline for individual nominated or elected by
write-in votes to file form accepting nomination or office.
Specifies deadlines for filing officer to deliver form and
certificate of nomination or election to individual.
  Makes related changes in schedule for recount demands in
election involving write-in candidate.
 
                        A BILL FOR AN ACT
Relating to write-in votes; amending ORS 254.545, 254.548,
  254.555, 254.565, 255.295 and 258.161.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 254.548 is amended to read:
  254.548.  { + (1) + } An individual nominated or elected to a
public office by write-in votes shall sign and file a form
indicating that the individual accepts the nomination or office
before the filing officer may issue a certificate of nomination
or election.  The Secretary of State by rule shall prescribe the
form to be used under this section.  { + The form shall be filed
with the filing officer not later than the deadline specified in
subsection (2)(b) of this section.
  (2) In the case of an individual nominated or elected by
write-in votes to a public office:
  (a) Not later than the 30th day after the election, the filing
officer shall prepare and deliver the form described in
subsection (1) of this section to the individual;
  (b) Not later than the 45th day after the election, if the
individual accepts the nomination or office, the individual shall
sign and file the form with the filing officer; and
  (c) Not later than the 50th day after the election, if the
individual files the form by the deadline specified in paragraph
(b) of this subsection, the filing officer shall prepare and
deliver a certificate of nomination or election to the individual
and, if applicable, issue a proclamation declaring the election
of the candidate to the office. + }
  SECTION 2. ORS 254.545 is amended to read:
  254.545.  { + Subject to ORS 254.548, + } the county clerk:
  (1) As soon as possible after any election, shall prepare
abstracts of votes. The abstract for election of Governor shall
be on a sheet separate from the abstracts for other offices and
measures.
 
  (2) On completion of the abstracts, shall record a complete
summary of votes cast in the county for each office, candidate
for office and measure. The county clerk shall sign and certify
this record. After the primary election, the county clerk, for
each office for which the clerk is filing officer, shall enter in
a register of nominations the name and, if applicable, major
political party of each candidate nominated, the office for which
the candidate is nominated, and the date of entry.
  (3) Not later than the 20th day after the election, shall
deliver a copy of the abstracts for other than county offices to
the appropriate elections officials. The abstract for election of
Governor shall be delivered separately to the Secretary of State
as provided in section 4, Article V, Oregon Constitution.
  (4) Not later than the 30th day after the election, shall
proclaim which county measure is paramount, if two or more
approved county measures contain conflicting provisions.
  (5) Shall prepare and deliver a certificate of nomination or
election to each candidate having the most votes for nomination
for or election to county or precinct offices.
  (6) Shall prepare, and file with the county governing body, a
certificate stating the compensation to which the board clerks
are entitled. The county governing body shall order the
compensation paid by county funds.
  SECTION 3. ORS 254.555 is amended to read:
  254.555. (1)  { + Except as provided in ORS 254.548, + } not
later than the 30th day after any election, the Secretary of
State, regarding offices for which the secretary receives filings
for nomination, shall:
  (a) Canvass the votes for the offices, except the office of
Governor after the general election.
  (b) Enter in a register of nominations after the primary
election the name and, if applicable, major political party of
each candidate nominated, the office for which the candidate is
nominated, and the date of entry.
  (c) Prepare and deliver a certificate of nomination or election
to each candidate having the most votes for nomination for or
election to the office. The Secretary of State shall sign the
certificate under the seal of the state.
  (d) Issue a proclamation declaring the election of candidates
to the offices.
  (2) Not later than the 30th day after the election:
  (a) The Secretary of State, regarding measures for which the
secretary as the filing officer, shall canvass the votes for each
measure.
  (b) The Governor shall issue a proclamation giving the number
of votes cast for or against each such measure, and declaring the
approved measures as the law on the effective date of the
measure.  If two or more approved measures contain conflicting
provisions, the Governor shall proclaim which is paramount.
  SECTION 4. ORS 254.565 is amended to read:
  254.565.  { + Subject to ORS 254.548, + } the chief city
elections officer:
  (1) After the primary election, shall enter in a register of
nominations:
  (a) The name of each candidate for city office nominated at the
primary election.
  (b) The office for which the candidate is nominated.
  (c) If applicable, the name of the major political party
nominating the candidate.
  (d) The date of the entry.
  (2) After the general election, shall prepare and deliver a
certificate of election to each qualified candidate having the
most votes for election to a city office.
  (3) Not later than the 30th day after any election, shall
canvass the vote on each city measure, and if two or more of the
 
approved measures contain conflicting provisions, proclaim which
is paramount.
  SECTION 5. ORS 255.295 is amended to read:
  255.295. (1) Not later than the 20th day after the date of an
election, the county clerk shall prepare an abstract of the votes
and deliver it to the district elections authority. Not later
than the 30th day after receiving the abstract the district
elections authority shall determine from it the result of the
election.
  (2)  { + Subject to ORS 254.548, + } a certificate of election
shall be issued by the county clerk only after the district
elections authority has notified the county clerk in writing of
the result of the election. The notification to the county clerk
shall contain a statement indicating whether any candidate
elected to district office is qualified to hold the office.
  SECTION 6. 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 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 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 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) 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) Except as provided in subsection (9) of this section, the
person making a demand for a recount may, in the first demand,
specify a partial or a full recount. A person making a demand for
a partial recount shall specify 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 partial
recount, the person may file a supplemental demand for a recount
of all the remainder of the precincts.
  (5) Except as provided in subsections (3) and (6) of this
section, each demand shall be accompanied by a cash deposit of
$15 for each precinct to be recounted up to a maximum of $8,000
for a recount of all precincts 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) Upon application from a county clerk, the Secretary of
State may waive the cash deposit requirement of subsection (5) of
this section if, after the first demand, 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) Each 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) Except as provided in   { - subsection (9) - }
 { + subsections (9) and (10) + } of this section, the first
demand shall be filed in the office of the Secretary of State not
later than the 35th day and a supplemental demand not later than
the 45th day after the date of the election in which votes were
cast for the nomination, office or measure.
  (9) A demand for a recount made under this section on behalf of
the electors of presidential and vice presidential candidates
shall be for a full recount only and shall be filed no later than
five business days after the Secretary of State declares the
result of the election under ORS 254.555.
   { +  (10) In the case of a recount involving a candidate
nominated or elected by write-in votes, the first demand shall be
filed in the office of the Secretary of State not later than the
55th day, a first supplemental demand not later than the 65th
day, and a second supplemental demand not later than the 70th
day, after the date of the election in which votes were cast for
the nomination or office. + }
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