2017 ORS 246.021¹
Time within which election documents must be received by elections officer
  • electronic facsimile and electronic mail transmissions
  • electronic campaign finance statements

(1) Except as provided in ORS 247.012 (Method of registering or updating a registration) and subsection (2) of this section, an election document and an accompanying payment of fees required to be filed with the Secretary of State, county clerk or other filing officer must be delivered to and actually received at the office of the designated officer not later than 5 p.m. of the day the document or fee is due or, if the day due is a Saturday, Sunday or holiday, on the next business day.

(2) If, at 5 p.m. of the day an election document is due, an individual is physically present in the office of the secretary, county clerk or other filing officer and in line waiting to deliver the document, the individual is considered to have begun the act of delivering the document and is permitted to file it.

(3) Except as provided in ORS 253.690 (Casting ballot using facsimile machine or by electronic mail), any election document required to be filed with the filing officer other than ballots, voter registration cards or petitions requiring signatures of electors may also be filed by means of an electronic facsimile transmission machine or electronic mail. If an election document is required to be filed by a specified time, the entire document must be received at the office of the filing officer not later than 5 p.m. of the day the document is due or, if the day due is a Saturday, Sunday or holiday, on the next business day.

(4) Notwithstanding any provision of subsections (1) to (3) of this section, if a statement is required to be filed electronically under ORS 260.057 (Electronic campaign finance filing system):

(a) The statement must be received electronically at the office of the Secretary of State not later than 11:59 p.m. of the day the statement is due or, if the day due is a Saturday, Sunday or holiday, on the next business day; and

(b) The Secretary of State may not accept the filing of the statement in any form other than an electronic format.

(5) As used in this section, “election document” includes, but is not limited to, a declaration of candidacy for nomination for public or political party office, completed nominating petitions, statements and portraits for voters’ pamphlets, statements of election campaign contributions and expenditures, and initiative, referendum or recall petitions. [Formerly 246.510; 1967 c.228 §1; 1979 c.190 §2; 1991 c.719 §4; 1993 c.713 §27; 1999 c.824 §9; 2005 c.809 §46; 2007 c.570 §5; 2008 c.41 §2; 2009 c.619 §3; 2017 c.749 §2]

Notes of Decisions

Legislative intent is that filing of properly certified state­ment must be timely in order for state­ment to be included in Voters’ Pamphlet, and lack of certifica­tion could not be cured by submission of certifica­tion after filing dead­line. State ex rel Anderson v. Paulus, 283 Or 241, 583 P2d 531 (1978)

1 Legislative Counsel Committee, CHAPTER 246—Administration of Election Laws; Vote Recording Systems, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors246.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 246, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano246.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.