ORS 258.211¹
Opening ballot boxes
  • conduct of recount by hand
  • persons permitted to be present

(1) The ballot boxes containing the ballots to be recounted shall be opened by the official directed to make the recount only in the presence of the counting board and the persons referred to in this section.

(2) The counting board shall conduct the recount by hand and, if requested, permit:

(a) In the instance of a nomination or office, an affected candidate or an elector authorized in writing by an affected candidate, and an elector authorized in writing by each major or minor political party to be present to watch the recount.

(b) In the instance of a measure, one elector advocating and one elector opposing the measure to be present to watch the recount.

(3) For ballots cast using a voting machine:

(a) The county clerk shall deposit the paper record copy recorded by the machine into the ballot box; and

(b) The paper record copies are the ballots to be recounted under this section. [Formerly 251.570; 2001 c.965 §35; 2005 c.731 §6; 2005 c.797 §69]

1 Legislative Counsel Committee, CHAPTER 258—Election Contests; Recounts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors258.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information