Order to compel county clerk, city elections officer or elections official to comply with interpretation, rule, directive or instruction
(1) Whenever it appears to the Secretary of State that a county clerk, city elections officer or a local elections official has failed to comply with an interpretation of any election law made by the Secretary of State under ORS 246.110 (Secretary of State as chief elections officer) or has failed to comply with a rule, directive or instruction made by the Secretary of State under ORS 246.120 (Directives, instructions and assistance to county clerks), 246.140 (Election law conferences for county clerks) or 246.150 (Rules), the Secretary of State may apply to the appropriate circuit court for an order to compel the county clerk, city elections officer or local elections official to comply.
(2) The court shall dispose of the matter under subsection (1) of this section as soon as possible, but in any case not later than the fifth day after the Secretary of State applies for an order.
(3) The remedy provided in this section is cumulative and does not exclude any other remedy against a county clerk, city elections officer or local elections official who fails to comply with an interpretation of any election law or the rule, directive or instruction. [1957 c.608 §7; 1979 c.190 §36; 1985 c.448 §3; 1995 c.607 §9]
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