75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1267
Senate Bill 321
Sponsored by Senator DINGFELDER (Presession filed.)
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.
Allows county, city or metropolitan service district to adopt
instant runoff voting system for nomination or election of
candidates to county, city or metropolitan service district
office.
A BILL FOR AN ACT
Relating to elections; creating new provisions; and amending ORS
249.088, 254.005, 254.065, 254.575, 258.250 and 258.280.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 254.005 is amended to read:
254.005. As used in this chapter:
(1) 'Ballot' means any material on which votes may be cast for
candidates or measures. In the case of a recall election, '
ballot' includes material posted in a voting compartment or
delivered to an elector by mail.
(2) 'Chief elections officer' means the:
(a) Secretary of State, regarding a candidate for a state
office or an office to be voted on in the state at large or in a
congressional district, or a measure to be voted on in the state
at large.
(b) County clerk, regarding a candidate for a county office, or
a measure to be voted on in a county only.
(c) City clerk, auditor or recorder, regarding a candidate for
a city office, or a measure to be voted on in a city only.
(3) 'County clerk' means the county clerk or the county
official in charge of elections.
(4) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
{ + (5) 'Instant runoff voting system' means a system of
voting for candidates for nomination or election to county or
city office, or to an office of a metropolitan service district
organized under ORS chapter 268, authorized by section 16,
Article II of the Oregon Constitution, under which an elector may
express the elector's first, second or additional choices among
the candidates for nomination or election to county, city or
metropolitan service district office under sections 3 and 4 of
this 2009 Act. + }
{ - (5) - } { + (6) + } 'Major political party' means a
political party that has qualified as a major political party
under ORS 248.006.
{ - (6) - } { + (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.
{ - (7) - } { + (8) + } 'Minor political party' means a
political party that has qualified as a minor political party
under ORS 248.008.
{ - (8) - } { + (9) + } 'Nonpartisan office' means the
office of judge of the Supreme Court, Court of Appeals, circuit
court or the Oregon Tax Court, Superintendent of Public
Instruction, Commissioner of the Bureau of Labor and Industries,
any elected office of a metropolitan service district under ORS
chapter 268, justice of the peace, county clerk, county assessor,
county surveyor, county treasurer, county judge who exercises
judicial functions, sheriff, district attorney or any office
designated nonpartisan by a home rule charter.
{ - (9) - } { + (10) + } 'Prospective petition' means the
information, except signatures and other identification of
petition signers, required to be contained in a completed
petition.
{ - (10) - } { + (11) + } 'Regular district election' means
the election held each year for the purpose of electing members
of a district board as defined in ORS 255.005 (2).
{ - (11) - } { + (12) + } 'Vote tally system' means one or
more pieces of equipment necessary to examine and tally
automatically the marked ballots.
{ - (12) - } { + (13) + } 'Voting machine' means any device
that will record every vote cast on candidates and measures and
that will either internally or externally total all votes cast on
that device.
SECTION 2. { + Sections 3 and 4 of this 2009 Act are added to
and made a part of ORS chapter 254. + }
SECTION 3. { + (1) Notwithstanding any provision of ORS
chapters 203, 221 and 246 to 260, a charter or ordinance of a
county, city or metropolitan service district organized under ORS
chapter 268 may authorize the use of an instant runoff voting
system for the nomination and election of candidates to county,
city or metropolitan service district office.
(2) The Secretary of State shall adopt rules governing the
conduct of county, city or metropolitan service district
elections using an instant runoff voting system.
(3) Notwithstanding ORS 254.046, if a county, city or
metropolitan service district conducts an election on any date
using an instant runoff voting system, the county, city or
metropolitan service district shall bear the cost of the
election. + }
SECTION 4. { + (1) Elections for the nomination or election of
candidates to county or city office, or to an office of a
metropolitan service district organized under ORS chapter 268,
that use an instant runoff voting system authorized under section
3 of this 2009 Act shall be conducted as provided 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) Ballots shall be counted as follows:
(a) The elector's vote shall be assigned to the candidate
marked as the elector's first choice. If one candidate receives a
majority of the first-choice votes, that candidate shall be
declared nominated or elected.
(b) If no candidate receives a majority of the first-choice
votes, the candidate receiving the fewest first-choice votes is
eliminated. Each vote cast for any eliminated candidate shall be
transferred to the candidate who was the elector's next choice on
the ballot.
(c) Candidates with the fewest votes shall continue to be
eliminated, with the votes for those candidates transferred to
the candidate who was the 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 is
nominated or elected.
(d) Notwithstanding any provision of this subsection, a
candidate is eliminated after the first tally of ballots if the
candidate receives fewer than 500 votes, or less than 10 percent
of the total votes cast for the nomination or office, whichever
is less. Each vote cast for any eliminated candidate shall be
transferred to the candidate who was the elector's next choice on
the ballot.
(4) An elector may vote for the elector's choices as follows:
(a) For each nomination or office for which there are three or
more candidates listed on the ballot, an elector may indicate
three choices.
(b) For each nomination or office for which there are two
candidates listed on the ballot, an elector may indicate two
choices.
(c) For each nomination or office for which there is one or no
candidate listed on the ballot, an elector may indicate one
choice.
(5) If all candidates for whom an elector voted on a ballot are
eliminated, the ballot is considered exhausted and may 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. If an elector's ballot assigns
the same numeric choice to more than one candidate, those
assignments are invalid and the elector's vote is transferred to
the next numeric choice, if any.
(6) If two or more candidates for the same nomination or
election, after a recount of the votes cast, have an equal and
the 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 5. ORS 254.065 is amended to read:
254.065. (1) { + Subject to subsection (2) of this
section, + } when one person is to be nominated for or elected to
an office, the person receiving the highest number of votes
{ - shall be - } { + is + } 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 - } { + are + } nominated or elected. This
subsection does not apply to a candidate for election to an
office at a general election if the election for the office must
be held at a special election as described in ORS 254.650.
{ + (2) When one person is to be nominated for or elected to
a county or city office, or to an office of a metropolitan
service district organized under ORS chapter 268, using an
instant runoff voting system, the person receiving the highest
number of votes as provided in section 4 of this 2009 Act is
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 as provided in section 4 of
this 2009 Act are nominated or elected. + }
{ - (2) - } { + (3) + } { - No measure shall be - } { +
A measure is not + } 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 6. ORS 254.575 is amended to read:
254.575. { + (1) Except as provided in subsection (2) of this
section, + } when two or more candidates for the same office,
after a full recount of votes, have an equal and the highest
number of votes:
{ - (1) - } { + (a) + } For election to state Senator or
Representative, a party office, or a public office for which the
elections officer is other than the Secretary of State, the
elections officer shall have the candidates meet publicly to
decide by lot who is elected.
{ - (2) - } { + (b) + } For election to a public office
other than Governor or those referred to in { - subsection (1)
of this section - } { + paragraph (a) of this subsection + },
the Secretary of State by proclamation shall order a new election
to fill the office.
{ - (3) - } { + (c) + } For election to Governor, the
Legislative Assembly at the beginning of the next regular session
shall meet jointly and elect one of the candidates.
{ - (4) - } { + (d) + } For nomination by one major
political party to an office, the elections officer who receives
filings for nomination to the office shall have the candidates
meet publicly to decide by lot who is nominated.
{ + (2) In a county, city or metropolitan service district
organized under ORS chapter 268 that has authorized an instant
runoff voting system under section 3 of this 2009 Act, when two
or more candidates for the same county, city or metropolitan
service district office, after a recount of votes, have an equal
and the highest number of votes at any stage of the counting of
votes under section 4 of this 2009 Act and one of the candidates
is to be eliminated, the elections officer shall have the
candidates meet publicly to decide by lot who is eliminated. + }
SECTION 7. ORS 258.250 is amended to read:
258.250. (1) { - If the abstract of votes resulting from a
full 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 { + for a
recount if the abstract of votes resulting from a full recount
shows that:
(a) The outcome of the election on a measure was changed;
(b) The candidate for whose benefit the recount was demanded
received a plurality of the votes; or
(c) In a county, city or metropolitan service district
organized under ORS chapter 268 that has authorized an instant
runoff voting system under section 3 of this 2009 Act, the
candidate for whose benefit the recount was demanded received the
highest number of votes + }.
(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) A full recount was not conducted; or
(b) The abstract of votes resulting from a full recount shows
that:
(A) The outcome of the election on { - the - } { + a + }
measure was not changed; { - or - }
(B) { - A - } { + The + } candidate for whose benefit the
recount was demanded did not receive a plurality of the votes
{ - . - } { + ; or
(C) In a county, city or metropolitan service district that has
authorized an instant runoff voting system under section 3 of
this 2009 Act, the candidate for whose benefit the recount was
demanded did not receive the highest number of votes. + }
(3) Moneys deposited in the special account under subsection
(2) of this section are continuously appropriated for the purpose
of reimbursing the county, city or other political subdivision or
public corporation for the cost of the recount and paying any
refunds required by subsection (4) of this section.
(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 8. ORS 258.280 is amended to read:
258.280. (1) The Secretary of State shall order a full recount
of the votes cast for nomination or election to a public office
for which the Secretary of State is the filing officer, and the
county clerk who conducted the election shall order a full
recount of the votes cast for nomination or election to any other
public office if the canvass of votes of the election reveals
that:
(a) Two or more candidates for that nomination or office have
an equal and the highest number of votes; { - or - }
{ + (b) In a county, city or metropolitan service district
organized under ORS chapter 268 that has authorized an instant
runoff voting system under section 3 of this 2009 Act, two or
more candidates for the same county, city or metropolitan service
district office have an equal and the highest number of votes at
any stage of the counting of votes under section 4 of this 2009
Act and one of the candidates is to be eliminated; or + }
{ - (b) - } { + (c) + } The difference in the number of
votes cast for a candidate apparently nominated or elected to the
office and the votes cast for the closest apparently defeated
opponent is not more than one-fifth of one percent of the total
votes for both candidates.
(2) The cost of a full recount conducted under this section
shall be paid by the county for a county office, by the city for
a city office, by the special district for a special district
office or by the state for any other office.
SECTION 9. ORS 249.088 is amended to read:
249.088. { - (1) Unless otherwise provided by a home rule
charter, at the nominating election held on the date of the
primary election, two candidates shall be nominated for the
nonpartisan office. However, when a candidate, other than a
candidate for the office of sheriff, a candidate for the office
of county clerk, a candidate for the office of county treasurer
or a candidate to fill a vacancy, receives a majority of the
votes cast for the office at the nominating election, that
candidate is elected. - }
{ + (1) Subject to subsection (2) of this section and the
provisions of a home rule charter, at the nominating election
held on the date of the primary election:
(a) Except as provided in paragraph (b) of this subsection:
(A) If a candidate for nonpartisan office receives a majority
of votes cast for the office, that candidate is elected.
(B) If no candidate for nonpartisan office receives a majority
of votes cast for the office, the two candidates receiving the
highest number of votes are nominated. + }
{ - (2) - } { + (b) + } { - When - } { + If + } a
candidate for the office of sheriff,
{ - the office of - } county clerk { - , the office of - }
{ + or + } county treasurer or a candidate to fill a vacancy
receives a majority of votes cast for the office { - at the
nominating election - } , that candidate alone is nominated.
{ + (2) At the nominating election held on the date of the
primary election in a county, city or metropolitan service
district organized under ORS chapter 268 that has authorized an
instant runoff voting system under section 3 of this 2009 Act:
(a) Except as provided in paragraphs (b) and (c) of this
subsection, the procedure described in section 4 of this 2009 Act
shall continue until two candidates remain and those two
candidates are nominated for the nonpartisan office.
(b) Except as provided in paragraph (c) of this subsection, if
a candidate for nonpartisan office receives a majority of the
first-choice votes cast for the office under section 4 of this
2009 Act, that candidate is elected.
(c) If a candidate for the office of sheriff, county clerk or
county treasurer or a candidate to fill a vacancy receives a
majority of the first-choice votes cast for the office under
section 4 of this 2009 Act, that candidate alone is
nominated. + }
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