2017 ORS 254.660¹
Conduct of special election
  • rules

(1) Notwithstanding ORS 253.065 (Delivery of out-of-state ballots), for a special election called under ORS 254.655 (Order calling special election), ballots shall be mailed to military or overseas electors not later than the 30th day before the date of the election. County clerks shall make ballots available to other absent electors not later than the 28th day before the date of the special election.

(2) Notwithstanding ORS 254.545 (Duties of county clerk after election), not later than 5 p.m. of the third day after the date of the special election, the county clerk shall deliver to the Secretary of State a copy of the abstracts for the offices voted upon at the special election. The abstract for election of Governor shall be delivered separately to the secretary as provided in section 4, Article V of the Oregon Constitution.

(3) Not later than 5 p.m. of the first day after the date of the special election, a county clerk who received a ballot originating in another county shall forward the ballot by overnight mail or delivery or by the most expeditious means available to the county clerk of the county from which the ballot originated.

(4) Notwithstanding ORS 254.555 (Secretary of State’s duties after election), not later than 5 p.m. of the fourth business day after the date of the special election, the Secretary of State shall issue a proclamation declaring the election of candidates to offices or shall order recounts of the votes cast as provided in ORS 258.280 (Automatic full recount required in certain elections of candidates for office).

(5)(a) Notwithstanding ORS 258.161 (Filing demand for recount with Secretary of State), a recount may not be conducted for any special election under this section unless the recount is required by ORS 258.280 (Automatic full recount required in certain elections of candidates for office).

(b) If a recount for any special election is required by ORS 258.280 (Automatic full recount required in certain elections of candidates for office), the Secretary of State shall complete the recount as expeditiously as possible to minimize disruption to the sessions of the Legislative Assembly and shall issue a proclamation declaring the election of a candidate to office upon completion of the recount.

(6) The cost of all special elections called under ORS 254.655 (Order calling special election) shall be paid by the state.

(7) The ballot at a special election described in this section may not contain:

(a) Any measure; or

(b) Any candidate other than those candidates for which a special election is necessary.

(8) If there is a vacancy in the nomination of a candidate at a special election called under ORS 254.655 (Order calling special election), the vacancy in the nomination shall be filled in the manner provided in ORS chapter 249 and the special election shall be held as scheduled.

(9) When the office of state Senator or state Representative is vacant at the beginning of a session of the Legislative Assembly due to a special election called under ORS 254.655 (Order calling special election), the vacancy may not be filled as provided in ORS 171.051 (Filling vacancies in Legislative Assembly) unless, before entering upon the duties of the office to which the person was elected, the person elected at the special election dies, resigns or is declared disqualified by the house to which the person was elected.

(10) The Secretary of State may adopt rules governing the procedures for conducting a special election required by ORS 254.650 (Special election in case of death of nominee of major political party within 47 days of general election). [2003 c.542 §4; 2013 c.520 §19]

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 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.