2015 ORS 246.710¹
Declaring county elections emergency
  • process
  • resumption of elections

(1) Notwithstanding ORS 246.200 (County clerk to conduct elections), if the governing body of a county, after consultation with the county clerk or county director of elections, believes that the county is in a state of fiscal distress that compromises the county’s ability to conduct elections at a minimally adequate level, the governing body may request that the Governor declare a county elections emergency.

(2) Upon request pursuant to subsection (1) of this section, the Governor shall consult with the Secretary of State to determine whether to declare a county elections emergency.

(3) Within 14 days after consultation with the secretary pursuant to subsection (2) of this section, the Governor shall:

(a) Declare the existence of a county elections emergency in the county; or

(b) Issue a determination that the county’s fiscal situation does not cause the county to conduct elections at a less than minimally adequate level.

(4) As soon as practicable after declaration of an emergency pursuant to subsection (3)(a) of this section and after consultation with the county clerk or county director of elections, the secretary shall provide services in the county to the extent necessary to ensure a minimally adequate level of election services to the electors in the county and all municipal corporations in the county.

(5) If the secretary must perform services in a county pursuant to subsection (4) of this section, the secretary shall seek reimbursement from the Emergency Board for such additional funds and spending authority as the secretary considers necessary.

(6) At any time after declaration of an emergency pursuant to subsection (3)(a) of this section, the governing body of the county or the secretary may request that the Governor, after consultation with the secretary, issue a determination pursuant to subsection (3)(b) of this section.

(7)(a) The county shall resume conducting elections for the electors of the county and all municipal corporations in the county on the earlier of:

(A) The date on which a determination is issued pursuant to subsection (6) of this section; or

(B) Two years after the date on which an emergency is declared in the county pursuant to subsection (3)(a) of this section.

(b) The governing body of the county may request a declaration under subsection (1) of this section at any time before or after the elapse of the two-year period described in paragraph (a)(B) of this subsection in order to ensure continuity of election services in the county. [2013 c.730 §2]

Note: 246.710 (Declaring county elections emergency) was added to and made a part of ORS chapters 246 to 260 by legislative action but was not added to ORS chapter 246 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Note: Section 6, chapter 730, Oregon Laws 2013, provides:

Sec. 6. No later than February 28, 2017, the Secretary of State, the Director of Veterans’ Affairs and the Director of the Department of Revenue shall each submit a report in the manner provided in ORS 192.245 (Form of report to legislature) to the Senate Committee on Rules and the House Committee on Rules. Each report submitted pursuant to this section shall describe the experience of the respective agency in implementing the respective provisions of this 2013 Act and may include recommendations for legislation. [2013 c.730 §6]


1 Legislative Counsel Committee, CHAPTER 246—Administration of Election Laws; Vote Recording Systems, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors246.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.