2017 ORS 254.165¹
Adjusting ballot when vacancy occurs
  • notice to Secretary of State
  • exception

Caution-flag-2-25x25
This section is amended
Effective April 3, 2018
Relating to elections; creating new provisions; amending ORS 247.973, 249.037, 249.068, 249.072, 249.200, 250.045, 250.052, 254.155, 254.165, 254.470, 254.548, 255.295, 260.005, 260.039, 260.042, 260.044, 260.057, 260.118 and 260.215; and declaring an emergency.

(1) If the filing officer determines that a candidate has died, withdrawn or become disqualified, or that the candidate will not qualify in time for the office if elected, the name of the candidate may not be printed on the ballots or, if they have already been printed, shall be erased or canceled before the ballots are delivered to the electors. The name of a candidate nominated to fill a vacancy in nomination or office shall be printed on the ballots or, if they have already been printed, the county clerk shall cause the name to appear on the ballots before the ballots are delivered to the electors. A filing officer, other than the Secretary of State, shall notify the Secretary of State of any action taken under this section.

(2) Subsection (1) of this section does not apply if the filing officer makes the determination under subsection (1) of this section on or after the 47th day before the date of the election.

(3) As used in this section:

(a) “District” means a district defined in ORS 255.012 (“District” defined).

(b) “Filing 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.

(B) County clerk, regarding a candidate for a county office.

(C) County clerk of the county in which the administrative office of the district is located, regarding a candidate for a district office to be voted on in a district located in more than one county.

(D) County clerk, regarding a candidate for a district office to be voted on in a district situated wholly within the county.

(E) City clerk, auditor or recorder, regarding a candidate for a city office. [Formerly 250.161; 1983 c.514 §12; 1991 c.719 §28; 1999 c.410 §48; 2007 c.154 §28; 2009 c.366 §1]

See also annota­tions under ORS 250.161 in permanent edi­tion.

Notes of Decisions

Once Secretary of State determined that plaintiffs’ certificates of nomina­tion were not valid, she had duty to direct that plaintiffs’ names be removed from ballot. Goldstein v. Radokovich, 68 Or App 843, 683 P2d 149 (1984), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 254—Conduct of Elections, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors254.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 254, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano254.­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.