OAR Chapter 165 — Secretary of State, Elections Division

Division 1 PROCEDURAL RULES

Or. Admin. R. 165-001-0000 Notice of Proposed Rule

Before adopting, amending or repealing any permanent rule, the Secretary of State, Elections Division will give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule;

(2) By mailing, or transmitting electronically a copy of the Statement of Need and Fiscal Impact and the Notice of Proposed Rulemaking, or the Notice of Proposed Rulemaking Hearing, at least 28 days prior to the effective date of the rule, to each person who has requested to be included on the Elections Division's subscription service established pursuant to ORS 183.335(8);

(3) By mailing, or transmitting electronically a copy of the text of the proposed rule to any person upon request;

(4) By mailing, or transmitting electronically a copy of the Statement of Need and Fiscal Impact, the Notice of Proposed Rulemaking, or the Notice of Proposed Rulemaking Hearing, and the text of the proposed rule to the following persons or organizations at least 28 days prior to the effective date:

(a) County Clerks;

(b) The chair or designee of each statewide political party;

(d) The Governor’s legal counsel;

(e) Attorney General’s office;

(f) League of Oregon Cities;

(g) Association of Oregon Counties;

(h) Oregon Special Districts Association;

(i) Oregon School Boards Association; and

(j) Capitol Press Room.

(5) By mailing, or transmitting electronically a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule;

(6) Within 10 days after the adoption, amendment or repeal of any temporary or permanent administrative rule, the Secretary of State, Elections Division will provide, by mail, or electronically a copy of the certificate and order and the text of the adopted rule to each person or organization listed in sections (2) through (5) of this rule, and to Legislative Counsel as provided by ORS 183.715.

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 183.335 & 183.341
ELECT 2-2019, amend filed 02/11/2019, effective 02/11/2019
ELECT 3-2006, f. & cert. ef. 4-18-06
ELECT 7-2005, f. & cert. ef. 12-14-05
ELECT 7-2003, f. & cert. ef. 9-3-03
ELECT 14-2001, f. & cert. ef. 6-15-01
ELECT 9-1997, f. & cert. ef. 10-27-97
ELECT 16-1994, f. & cert. ef. 8-25-94
SD 103, f. & ef. 1-22-76

Or. Admin. R. 165-001-0005 Model Rules of Procedure

The Uniform and Model Rules of Procedure, OAR 137-001-0007 through 137-002-0060 as adopted by the Attorney General of the State of Oregon under the Administrative Procedures Act, effective January 1, 2008, are adopted as the rules of procedure for rulemaking and declaratory rulings for the Elections Division, Secretary of State.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Elections Division.]

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 183.341
ELECT 13-2009, f. & cert. ef. 5-22-09
ELECT 1-2006, f. & cert. ef. 3-7-06
ELECT 2-2005, f. & cert. ef. 3-22-05
ELECT 7-2003, f. & cert. ef. 9-3-03
ELECT 4-2001, f. & cert. ef. 3-15-01
ELECT 14-1991, f. & cert. ef. 12-4-91
ELECT 16-1990, f. & cert. ef. 5-11-90
ELECT 30-1988, f. & cert. ef. 8-10-88
SD 7-1986, f. & ef. 3-6-86
SD 15-1983, f. & ef. 10-4-83
SD 16-1981, f. & ef. 12-2-81
SD 10-1980, f. & ef. 1-30-80
SD 6-1978, f. & ef. 8-4-78
SD 109, f. & ef. 12-9-76
SD 81, f. 10-16-73, ef. 11-11-73
SD 76, f. 8-31-72

Or. Admin. R. 165-001-0009 Definitions

Unless the context requires otherwise, the following definitions apply to this Division:

(1) “Charging document” means any document issued by the Secretary of State, Elections Division stating that any person or government agency has violated the laws or rules within this Agency’s jurisdiction.

(2) “Agency” means Secretary of State, Elections Division and any employee thereof.

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 260.232 & 260.995
ELECT 7-2011, f. & cert. ef. 4-8-11

Or. Admin. R. 165-001-0010 Contested Cases

(1) Contested case rules apply whenever the Secretary of State may impose a civil penalty and a hearing is conducted pursuant to ORS 260.232, ORS 260.285, or ORS 260.995.

(2) The Secretary of State may designate, in writing, employees of the agency or any other persons to conduct hearings under these rules.

(3) The person or persons against whom a penalty may be assessed is the party in the contested case hearing. Other persons may attend the hearing and may appear as witnesses if called by a party, but will not be considered to be parties in the contested case.

(4) "Person" means an individual, corporation, limited liability company, labor organization, association, firm, partnership, joint stock company, club, organization, covered organization, authorized representative, or a combination of individuals having collective capacity.

History

Statutory/Other Authority: ORS 183.335, 183.360, 183.413, 246.150, ORS 260.232, 260.285 & 260.995
Statutes/Other Implemented: ORS 260.232, 260.285 & 260.995
ELECT 7-2020, amend filed 06/11/2020, effective 06/11/2020
ELECT 5-2001, f. & cert. ef. 3-15-01
ELECT 27-1993, f. & cert. ef. 7-1-93
ELECT 26-1988, f. & cert. ef. 8-1-88
ELECT 15-1988(Temp), f. & cert. ef. 1-27-88

Or. Admin. R. 165-001-0015 Notice of Opportunity for Hearing

When the Secretary of State proposes to impose a civil penalty or find a violation of an election law, or both, under ORS 260.232, ORS 260.285, or ORS 260.995, the Secretary of State shall cause a notice to be served on the person(s) subject to the penalty. For a violation under ORS 260.232 the notice shall be served by first class mail; for a violation under ORS 260.285 or ORS 260.995 the notice shall be served by certified mail. The notice shall include:

(1) A statement of the person's right to a hearing before an Administrative Law Judge with the Office of Administrative Hearings.

(2) A statement that if the person desires a hearing, the agency must be notified within the number of days provided in ORS 260.232(3)(a), ORS 260.285 or 260.995(4)(a) whichever is applicable.

(3) A statement of the authority and jurisdiction under which the hearing is to be held.

(4) A reference to the particular sections of the statutes and rules involved.

(5) A short and plain statement of the matters asserted or charged as a violation.

(6) A statement of the amount of penalty that may be imposed.

(7) A statement that the person may be represented by counsel at the hearing.

(8) If the person is an agency, corporation or an unincorporated association, that such person must be represented by an attorney licensed in Oregon.

(9) If the person is a political committee subject to a civil penalty under ORS 260.995, that person may be represented by any officer identified in the most recent statement of organization filed with the filing officer. “Officer” means any person identified as a director on the most recent statement of organization for a political committee.

(10) A statement that the record of the proceeding to date, including the agency file or files on the subject of the contested case, automatically become part of the contested case record upon default for the purpose of proving a prima facie case.

(11) A statement that the person against whom a penalty may be assessed need not appear in person at a hearing held under ORS 260.232, 260.285 or 260.995, but instead may submit written testimony and other evidence, sworn to before a notary public, to the Secretary of State for entry in the hearing record. Such documents must be received by the Secretary of State not later than three business days prior to the hearing as provided by ORS 260.232(6), 260.285(6) and 260.995(5).

(12) A statement that unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default.

History

Statutory/Other Authority: ORS 183.090, 183.470, 246.150 & 260.285
Statutes/Other Implemented: ORS 183.341, 183.470, 260.232, 260.285 & 260.995
ELECT 7-2020, amend filed 06/11/2020, effective 06/11/2020
ELECT 14-2018, amend filed 08/08/2018, effective 08/08/2018
ELECT 1-2012, f. & cert. ef. 1-3-12
ELECT 10-2011, f. & cert. ef. 7-12-11
ELECT 7-2011, f. & cert. ef. 4-8-11
ELECT 19-2009, f. & cert. ef. 12-31-09
ELECT 7-2003, f. & cert. ef. 9-3-03
ELECT 9-1999, f. & cert. ef. 9-29-99
ELECT 27-1993, f. & cert. ef. 7-1-93
ELECT 26-1988, f. & cert. ef. 8-1-88
ELECT 15-1988(Temp), f. & cert. ef. 1-27-88

Or. Admin. R. 165-001-0016 Requesting a Hearing

(1) If a party wishes to request an in-person or telephone hearing to contest the allegations in the charging document, they must submit to the Agency a signed Hearing Request Form and an “answer,” to the allegations in the charging document not later than the deadline to request a hearing stated in the charging document.

(a) The answer must include an admission or denial of each factual matter alleged in the charging document and a statement of each relevant defense to the allegations, including any relevant mitigating circumstance that may apply and indicate specifically what facts or transactions the mitigating circumstance applies to.

(b) A general denial is not sufficient to constitute an answer.

(c) The person must choose whether they want the hearing by telephone or in-person. If no choice is indicated on the form, the hearing will be held by telephone.

(d) Any evidence of a mitigating circumstance or other relevant evidence may be submitted with the answer as exhibits.

(2) An answer not including the information required by this rule may be disregarded and a notice of default may be issued in accordance with OAR 165-001-0025 as if no answer had been filed.

(3) Except for good cause shown to the administrative law judge, factual matters alleged in the charging document and not denied in the answer will be deemed admitted by the party.

(4) The failure of the party to raise a mitigating circumstance in the answer is a waiver of such mitigating circumstance.

(5) The party bears the burden of proof to show that all or part of the penalty should be mitigated based on a mitigating circumstance.

(6) Any new facts or defenses alleged in the answer will be deemed denied by the Agency.

(7) Evidence will not be taken at the contested case hearing on any factual or legal issue not raised in the charging document or the answer as filed.

(8) The person against whom a civil penalty may be assessed need not appear in person or by telephone at a hearing held under ORS 260.232, ORS 260.285 or 260.995, but instead may submit written notarized testimony as provided in OAR 165-001-0015(11). The Elections Division may also submit notarized testimony. The Elections Division notarized testimony must be received by the Office of Administrative Hearings not later than 5:00 p.m. on the scheduled date of the hearing. If the Elections Division does not submit notarized testimony, the Elections Division exhibits become part of the case file and may establish the basis for liability.

(9) Form SEL 850 is the Hearing Request Form, Campaign Finance Transactions to be used to request an in-person or telephone hearing, or submit notarized testimony to contest campaign finance transaction violations.

(10) Form SEL 851 is the Hearing Request Form, Other Campaign Finance Violations to be used to request an in-person or telephone hearing, or submit notarized testimony to contest campaign finance violations, other than those violations relating to late or insufficient campaign finance transactions.

(11) Form SEL 852 is the Hearing Request Form, Non-Campaign Finance Violations, to be used to request an in-person or telephone hearing, or submit notarized testimony, to contest non-campaign finance violations.

History

Statutory/Other Authority: ORS 246.150 & 260.285
Statutes/Other Implemented: ORS 260.232, 260.285 & 260.995
ELECT 7-2020, amend filed 06/11/2020, effective 06/11/2020
ELECT 14-2018, amend filed 08/08/2018, effective 08/08/2018
ELECT 4-2018, amend filed 01/03/2018, effective 01/03/2018
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 15-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 1-2012, f. & cert. ef. 1-3-12
ELECT 7-2011, f. & cert. ef. 4-8-11

Or. Admin. R. 165-001-0025 Orders When No Hearing Requested, Hearing is Cancelled, or Failure to Appear at Hearing

(1) When a party has been given an opportunity to request a hearing and fails to request a hearing in writing within the specified time, or having requested a hearing fails to appear at the specified time and place, the agency shall, subject to section (2) of this rule, enter an order by default which supports the agency action.

(2) The time provided by statute to request a hearing under ORS 260.995 is calculated from the delivery date indicated on the certified letter's postal confirmation. If the certified letter is refused or left unclaimed at the post office, the time shall be calculated from the date the post office indicates it has given first notice of a certified letter. If the certified card is not returned to the Secretary of State by the United States Postal Service (USPS), the Secretary shall use the date recorded on the official USPS website utilizing the Track and Confirm delivery service.

(3) The time provided by statute to request a hearing under ORS 260.232 is 20 calendar days after the service date on the charging document.

(4) An order adverse to a party may be issued on default only if the agency record demonstrates a prima facie case justifying the order. The Administrative Law Judge will declare a party to be in default if the party which requested the hearing does not appear within 15 minutes of the time set for the hearing, unless the party gives notice of a reason for the inability to appear at the designated time and requests and receives a continuance. A continuance shall be granted only if the reason for the inability to appear is beyond the reasonable control of the party.

(5) The prima facie record upon default may be made at a scheduled hearing on the matter, or, if the notice of intended action states that the order will be issued or become effective upon the failure of the party to timely request a hearing, when the order is issued.

(6) The record may consist of oral (transcribed, recorded, or reported) or written evidence or a combination of oral and written evidence. When the record is made at the time the notice or order is issued, the agency file may be designated as the record. In all cases, the record must contain substantial evidence to support the findings of fact.

(7) When the Administrative Law Judge has set a specified time and place for a hearing and the party subsequently notifies the agency or the Administrative Law Judge assigned to the case that the party will not appear at such specified time and place, the agency may cancel the hearing and follow the procedure described in subsections (2), (3) and (4) of this rule.

(8) The deadline to issue a Final Order by Default if there is no hearing request, the hearing is cancelled or the party fails to appear at the hearing is not later than the 90th day after the deadline to request a hearing.

(9) When a party requests a hearing after the time specified by the agency, but before entry of a final order by default, or, if a final order by default is entered, on or before 30 calendar days after entry of the order, the agency may accept the late request only if the cause for failure to timely request the hearing was beyond the reasonable control of the party. In determining whether to accept a late hearing request, the agency may require the request to be supported by an affidavit and may conduct such further inquiry, including holding a hearing, that it deems appropriate. The agency shall enter an order granting or denying the request.

(10) When a party requests a hearing after entry of a default order, the party must file the request within a reasonable time. If the request is received more than 30 days after the agency mailed the default order to the party or the party’s attorney (based on the service date of the order), it is presumed that the request is not timely. The request shall state why the party should be relieved of the default order. If the request is allowed by the agency, it shall enter an order granting the request and schedule the hearing in due course. If the request is denied, the agency shall enter an order setting forth its reasons for the denial.

(11) The agency shall notify a defaulting party of the entry of a default order by mailing a copy of the order as required by ORS 183.470.

(12) Notwithstanding the provisions of this rule relating to late requests for a hearing, no hearing may be held if the timing of the request would cause the agency to miss the statutory deadlines established for the conduct of hearings in ORS 260.232(4), 260.285, or 260.995(6).

History

Statutory/Other Authority: ORS 183.090, ORS 183.470, 246.150, 260.232, 260.995 & 260.285
Statutes/Other Implemented: ORS 183.470, 260.232, 260.995 & 260.285
ELECT 7-2020, amend filed 06/11/2020, effective 06/11/2020
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 15-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 1-2012, f. & cert. ef. 1-3-12
ELECT 19-2009, f. & cert. ef. 12-31-09
ELECT 7-2003, f. & cert. ef. 9-3-03
ELECT 15-1994, f. & cert. ef. 7-26-94
ELECT 27-1993, f. & cert. ef. 7-1-93
ELECT 26-1988, f. & cert. ef. 8-1-88
ELECT 15-1988(Temp), f. & cert. ef. 1-27-88

Or. Admin. R. 165-001-0034 Notarized Testimony in lieu of Hearing

(1) If a party wishes to contest the allegations in the charging document, but does not wish to request an in person or telephone hearing, the party may submit notarized testimony in lieu of a hearing.

(2) The notarized testimony must be filed with the Agency not later than the deadline to request a hearing stated in the charging document.

(3) The notarized testimony must:

(a) Include an admission or denial of each factual matter alleged in the charging document and a statement of each relevant defense to the allegations, including any relevant mitigating circumstance. A general denial is not sufficient. Notarized testimony not including the information required by this rule may be disregarded and a notice of default may be issued in accordance with OAR 165-001-0025 as if no notarized testimony had been filed.

(b) Include a signed and completed Hearing Request Form.

(4) After the party submits notarized testimony, the Agency may submit notarized testimony and any exhibits to the Office of Administrative Hearings (OAH) and to the individual who submitted notarized testimony. If the Agency submits notarized testimony, it will be transmitted via email to the party and via the OAH hearing portal to OAH. The Agency may mail its notarized testimony to the party’s last known address if the party’s email address is unknown or the e-mail is returned as undeliverable.

(5) The party may, but is not required to, respond to the Agency testimony by submitting rebuttal notarized testimony.

(a) Rebuttal notarized testimony is limited to issues raised in the original notarized testimony and the Agency’s testimony.

(b) Rebuttal notarized testimony must be notarized by a commissioned Notary Public.

(c) The rebuttal notarized testimony must be received by the Agency not later than five business days from the date of service of the Agency’s testimony (the date the testimony was e-mailed or mailed). The rebuttal testimony may be hand-delivered, mailed, faxed or attached to an email and sent to orestar-support.sos@oregon.gov.

(d) The notarized testimony hearing record is deemed closed the day after the deadline for the person to submit rebuttal testimony.

(6) If a person submits notarized testimony in lieu of requesting an in person or telephone hearing, the person is waiving their right to an in person or telephone hearing.

(7) The deadline to issue a final order when notarized testimony is submitted in lieu of an in-person or telephone hearing is not later than 90 days after the hearing record is closed.

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 260.232 & 260.995
ELECT 14-2018, amend filed 08/08/2018, effective 08/08/2018
ELECT 4-2018, amend filed 01/03/2018, effective 01/03/2018
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 15-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 1-2012, f. & cert. ef. 1-3-12
ELECT 7-2011, f. & cert. ef. 4-8-11

Or. Admin. R. 165-001-0035 Conducting Contested Case Hearings

(1) The contested case hearing shall be conducted by and under the control of the administrative law judge of the Office of Administrative Hearings that is assigned to the case.

(2) If the administrative law judge or any decision maker has an actual or potential conflict of interest as defined in ORS 244.020(1) or (7), that officer shall comply with the requirements of ORS Chapter 244 (e.g. ORS 244.120 and 244.130).

(3) The hearing shall be conducted, subject to the discretion of the administrative law judge, so as to include the following:

(a) The statement and evidence of the agency in support of its action;

(b) The statement and evidence of the person against whom the penalty may be assessed;

(d) Any closing arguments.

(4) The administrative law judge, the agency, and the person against whom the penalty may be assessed shall have the right to question witnesses.

(5) The hearing may be continued with recesses as determined by the administrative law judge.

(6) The administrative law judge may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter.

(7) Exhibits shall be marked and maintained by the administrative law judge as part of the record of the proceedings.

(8) If the administrative law judge receives any written or oral ex parte communication on a fact in issue during the contested case proceeding, that person shall notify all parties and otherwise comply with the requirements of OAR 165-001-0045.

History

Statutory/Other Authority: ORS 246.150, 260.232 & 260.995
Statutes/Other Implemented: ORS 260.232 & 260.995
ELECT 19-2009, f. & cert. ef. 12-31-09
ELECT 7-2003, f. & cert. ef. 9-3-03
ELECT 26-1988, f. & cert. ef. 8-1-88
ELECT 15-1988(Temp), f. & cert. ef. 1-27-88

Or. Admin. R. 165-001-0036 Employee Representation at Contested Case Hearings

(1) The Agency’s goal in contested case hearings is to have a full and accurate record upon which the Agency can make the best decision. To help ensure a full record, the Agency allows employees to represent the Agency in certain contested case hearings. The employee representative's role is to represent the Agency in a way that supports objective fact finding and encourages an open, fair, and efficient process.

(2) An Agency employee may represent the Agency in contested case hearings involving violations of ORS 260.035, 260.039, 260.041, 260.042, 260.044, 260.054, 260.055, 260.057, 260.076, 260.078, 260.083, 260.112, 260.118, 260.275, 260.281 and 260.285.

(3) The representative's responsibilities include, but are not limited to:

(a) Presenting evidence;

(b) Asking questions of all witnesses;

(d) Presenting information on how the facts apply to the statutes or rules directly related to the issues in the contested case;

(e) Presenting information comparing Agency actions in similar situations;

(f) Presenting information about the literal meaning of the statutes or rules that apply to the issues in the contested case; and

(g) Presenting information about the admissibility of evidence or the correctness of procedures being followed.

(4) The employee representative may not make legal arguments. "Legal arguments" include arguments on:

(a) The jurisdiction of the Agency to hear the contested case;

(b) The constitutionality of a statute or rule or the application of a constitutional requirement to the Agency; and

(5) When an employee represents the Agency in a contested case hearing, the presiding officer will advise the employee representative of the way in which objections may be made. This advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objections. If the objections involve legal argument, the presiding officer will provide reasonable opportunity for the employee representative to consult legal counsel and permit legal counsel to file written legal argument within a reasonable time after the conclusion of the hearing.

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 260.232, ORS 260.995 & ORS 260.285
ELECT 18-2023, amend filed 12/13/2023, effective 12/14/2023
ELECT 7-2011, f. & cert. ef. 4-8-11

Or. Admin. R. 165-001-0040 Evidentiary Rules

(1) Evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible.

(2) Irrelevant, immaterial or unduly repetitious evidence shall be excluded.

(3) All offered evidence, not objected to, will be received by the administrative law judge subject to the administrative law judge's power to exclude irrelevant, immaterial or unduly repetitious matter.

(4) Evidence objected to may be received by the administrative law judge. If the administrative law judge does not rule on its admissibility at the hearing, the administrative law judge shall do so either on the record before a proposed order is issued or in the proposed order.

(5) The administrative law judge shall accept an offer of proof made for excluded evidence. The offer of proof shall contain sufficient detail to allow the agency or court to determine whether the evidence was properly excluded. The administrative law judge shall have discretion to decide whether the offer of proof is to be oral or written and at what stage in the proceeding it will be made. The administrative law judge may place reasonable limits on the offer of proof, including the time to be devoted to an oral offer or the number of pages in a written offer.

(6) Pursuant to OAR 165-001-0016, evidence may not be taken at the contested case hearing on any factual or legal issue not raised in the charging document or the answer.

History

Statutory/Other Authority: ORS 246.150, 260.232 & 260.995
Statutes/Other Implemented: ORS 183.450, 183.470, 260.232 & 260.995
ELECT 7-2011, f. & cert. ef. 4-8-11
ELECT 19-2009, f. & cert. ef. 12-31-09
ELECT 7-2003, f. & cert. ef. 9-3-03
ELECT 9-1999, f. & cert. ef. 9-29-99
ELECT 26-1988, f. & cert. ef. 8-1-88
ELECT 15-1988(Temp), f. & cert. ef. 1-27-88

Or. Admin. R. 165-001-0045 Ex Parte Communications

(1) An ex parte communication is:

(a) An oral or written communication;

(b) By a party, a party’s representative or legal advisor, any other person who has a direct or indirect interest in the outcome of the proceeding, any other person with personal knowledge of the facts relevant to the proceeding, or any offer, employee or agent of the agency;

(d) Made directly or indirectly to the administrative law judge;

(e) While the contested case proceeding is pending;

(f) That is made without notice and opportunity for the agency and all parties to participate in the communication.

(2) If an agency decision maker or administrative law judge receives an ex parte communication during the pendency of the proceeding, the administrative law judge shall place in the record:

(a) The name of each individual from whom the administrative law judge received an ex parte communication;

(b) A copy of any ex parte written communication received by the administrative law judge;

(d) A copy of any written response made by the administrative law judge to any ex parte oral or written communication; and

(e) A memorandum reflecting the substance of any oral response made by the administrative law judge to any ex parte oral or written communication.

(3) The provisions of this rule do not apply to:

(a) Communications made to an administrative law judge by other administrative law judges;

(b) Communications made to an administrative law judge by any person employed by the Office of Administrative Hearings to assist the administrative law judge.

History

Statutory/Other Authority: ORS 246.150, 260.232 & 260.995
Statutes/Other Implemented: ORS 260.232 & 260.995
ELECT 19-2009, f. & cert. ef. 12-31-09
ELECT 7-2003, f. & cert. ef. 9-3-03
ELECT 26-1988, f. & cert. ef. 8-1-88
ELECT 15-1988(Temp), f. & cert. ef. 1-27-88

Or. Admin. R. 165-001-0050 Proposed Orders in Contested Cases, Filing of Exceptions, Argument, and Adoption of Order

(1) The administrative law judge shall prepare a proposed order and serve the proposed order on the agency and each party. The proposed order shall be served not later than 30 calendar days after the hearing is adjourned or closed under OAR 165-001-0034(5)(d). The proposed order shall also include information about when and where written exceptions to the proposed order must be filed to be considered by the agency.

(2) The exceptions must be received by the Elections Division not later than 30 calendar days after the service date of the proposed order. The date of service is the day the proposed order is mailed, not the date the party receives the proposed order.

(3) If the administrative law judge’s proposed order recommended a decision favorable to a party and the agency intends to reject that recommendation and issue an order adverse to that party, the agency shall issue an amended proposed order. When the agency serves an amended proposed order on the party, the agency shall, at the same time notify the party when and where written exceptions for the amended order must be filed to be considered by the agency.

(4) Written exceptions filed under (2) or (3) may be scanned and attached to an email and sent to orestar-support.sos@oregon.gov, transmitted by fax (503-373-7414), mailed or hand-delivered to 255 Capitol St NE, Ste 501, Salem OR 97310.

(5) The agency decision maker, after considering any of the written exceptions may adopt the proposed order, amended proposed order or prepare a new order.

History

Statutory/Other Authority: ORS 183.090, 183.470, 246.150, 260.232 & 260.995
Statutes/Other Implemented: ORS 183.470, 260.232 & 260.995
ELECT 14-2018, amend filed 08/08/2018, effective 08/08/2018
ELECT 4-2018, amend filed 01/03/2018, effective 01/03/2018
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 15-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 4-2014, f. & cert. ef. 1-2-14
ELECT 10-2011, f. & cert. ef. 7-12-11
ELECT 19-2009, f. & cert. ef. 12-31-09
ELECT 7-2003, f. & cert. ef. 9-3-03
ELECT 26-1988, f. & cert. ef. 8-1-88
ELECT 15-1988(Temp), f. & cert. ef. 1-27-88

Or. Admin. R. 165-001-0055 Final Orders

(1) Final orders on contested cases shall be in writing and shall include the following:

(a) The case caption.

(b) The name of the administrative law judge(s), the appearance of the parties and identity of witnesses.

(d) References to specific statutes or rules at issue.

(e) Rulings on admissibility of offered evidence when the rulings are not set forth in the record.

(f) Findings as to each issue of fact and as to each ultimate fact required to support the order, along with a statement of the underlying facts supporting each finding.

(g) Conclusion(s) of law based on the findings of fact and applicable law.

(h) An explanation of the reasoning that leads from the findings of fact to the legal conclusion(s)

(i) An order stating the action taken by the agency as a result of the facts found and the legal conclusions arising therefrom.

(j) A citation of the statutes under which the order may be appealed.

(k) The date of service of the order on the party shall be specified in writing and be part of or attached to the order on file with the agency.

(l) The final order shall be served on each party and, if the party is represented, on the party’s attorney.

(2) If the agency modifies the proposed order issued by the administrative law judge in any substantial manner, the agency must identify the modifications and explain to the parties why the agency made the modifications. For purposes of this provision, an agency modifies a proposed order in a “substantial manner” when the effect of the modification is to change the outcome or the basis for the order or to change a finding of fact.

History

Statutory/Other Authority: ORS 183.090, 183.470, 246.150, 260.232 & 260.995
Statutes/Other Implemented: ORS 183.470, 260.232 & 260.995
ELECT 19-2009, f. & cert. ef. 12-31-09
ELECT 7-2003, f. & cert. ef. 9-3-03
ELECT 26-1988, f. & cert. ef. 8-1-88
ELECT 15-1988(Temp), f. & cert. ef. 1-27-88

Or. Admin. R. 165-001-0080 Contested Case Hearings

(1) The administrative law judge will hold a hearing by telephone unless the party requesting the hearing specifically requests a personal appearance hearing. If the party requests a personal appearance hearing, the hearing shall be held in Salem at the Office of Administrative Hearings. Nothing in this rule precludes the agency from allowing some parties or witnesses to attend by telephone while others attend in person.

(2) The administrative law judge shall make an audio or stenographic record of any telephone hearing.

(3) Not less than 5 business days prior to the commencement of a hearing, each party, including the agency, must deliver copies of the exhibits it intends to offer into evidence at the hearing. The exhibits must be delivered to the administrative law judge, all parties and the agency. For purposes of this rule, delivery may be accomplished by any of the following means, or by other means of a similar nature: hand delivery, deposit into first class or certified mail, facsimile, email or professional delivery service.

(4) Nothing in this rule precludes any party or the agency from seeking to introduce documentary evidence in addition to evidence described in subsection (4) during the hearing. The administrative law judge shall receive such evidence, subject to the applicable rules of evidence, if inclusion of the evidence in the record is necessary to conduct a full and fair hearing. If any evidence introduced during the hearing has not previously been provided to the agency and to the other parties, the hearing may be continued upon the request of any party or the agency for sufficient time to allow the party or the agency to obtain and review the evidence.

(5) The agency will give primary consideration to accommodate the needs of persons that are disabled so that they are not disadvantaged due to their disability.

(6) As used in this rule, "telephone" means any two-way or multi-party electronic communication device, including video conferencing.

History

Statutory/Other Authority: ORS 260
Statutes/Other Implemented: ORS 260.232 & 260.995
ELECT 5-2010, f. & cert. ef. 11-1-10
ELECT 19-2009, f. & cert. ef. 12-31-09
ELECT 5-1999, f. 7-30-99, cert. ef. 9-1-99

Or. Admin. R. 165-001-0090 HAVA Complaint Procedures

(1) The purpose of this rule is to adopt procedures for the receipt and disposition of complaints filed with the Secretary of State, Elections Division alleging violations of Title III of the Help America Vote Act of 2002 (HAVA). The rule is intended to fully comply with all federal requirements for the complaint procedure, as described in Section 402 of HAVA (P.L. 107-252).

(2) The procedures described in this rule are to be used solely for complaints filed alleging a violation of Title III of HAVA. Title III includes voting system standards, accessibility of voting systems to persons with disabilities, instructions on correcting voting errors, identification requirements for voting in federal elections if registration was by mail, computerized voter registration, contents of registration forms and provisional voting.

(3) State and county elections officials are encouraged to resolve HAVA complaints informally if possible. If informal resolution is not possible, and a person wishes to file a formal HAVA complaint under this procedure, the person shall use the HAVA complaint form (SEL 820). The complaint will be accepted and processed only if made in writing, signed under oath by the person filing the complaint, and notarized. The complaint form must be filed directly with the Secretary of State, Elections Division. If the complaint is submitted to a county elections office, the county elections official shall promptly forward the original complaint to the Elections Division. The complaint shall be considered filed on the day it is received at the office of the Elections Division.

(4) Upon receipt of a complaint, the Elections Division staff will review the complaint to determine if it alleges a violation of Title III of HAVA. If the complaint does not allege a violation of Title III, the complaint will be dismissed, with a letter provided to the complainant explaining the reason for the dismissal. If the complaint alleges a violation of Title III, the complaint will be acknowledged in writing, and the complainant will be offered the opportunity to request a hearing on the record. A hearing on the record may be provided by telephone or in person. The Elections Division staff will then request information from other persons who may have information related to the substance of the complaint. When the responses are received, copies will be sent to the complainant to provide an opportunity for the complainant to respond or rebut the information provided. Unless the complainant requested a hearing on the record, or the Elections Division chooses to provide such a hearing because of the nature of the allegations and responses, the Division will prepare a determination letter based on the information provided. The determination letter will address whether any violation of Title III has occurred and address how to resolve the problem to avoid its occurrence in the future.

(5) If a hearing on the record is scheduled, the Division will decide whether the hearing is to be conducted by telephone or in-person. The complainant and other persons who have relevant information to provide will be invited to participate. The hearing will be conducted before an Elections Division employee. The purpose of the hearing is to determine whether any procedure required by Title III was not correctly followed, and to develop a plan to make sure the violation, if any, does not happen again. The hearing is to be conducted as a fact-finding, problem solving forum. A record must be kept, including copies of any documents submitted and minutes, a tape or other record of the hearing.

(6) Whether the complaint is resolved through the procedures of subsections (4) or (5) of this rule, the final determination will be prepared by the Elections Division. If the outcome of the proceeding requires the provision of a remedy, the remedy must conform to state elections law and will not include financial payments to complainants or civil penalties against other involved individuals. Remedies may include written findings that a violation of Title III has occurred, strategies for insuring that that violation does not occur again, and, if it appears that the complaint involves a systemic problem, possible actions by the Elections Division to provide better instructions, training or procedures to all election officials to avoid future violations.

(7) Final determination letters will be signed by the Secretary of State or Deputy Secretary of State. All determination letters will be posted on the Division’s website. A copy of the final determination will be provided to the complainant and to any other persons who provided information or participated in a hearing.

(8) The Division will handle all complaints filed under this rule in a way that allows a final determination to be issued within 90 days of the receipt of the complaint. If delays appear to put the 90 day deadline at risk, the Division may ask the complainant to provide an extension to complete the investigation or to conduct the hearing. If the complainant does not agree to provide an extension, the final determination must either be issued within the 90 days, or the matter must be referred to the dispute resolution process described in subsection (9).

(9) The Division will provide an alternative dispute resolution process for complaints that are not resolved within 90 days of the filing of the complaint (unless an extension is granted by the complainant) or for complaints that the Division, in its sole discretion, determine warrant this level of review. The alternative dispute resolution process is intended to be a consensus or cooperative outcome procedure, not an arbitration or mediation process model with adversaries or parties. The Division will select a person from a panel of volunteers who agree to provide their services to convene a meeting of the interested parties to resolve a particular complaint or complaints. The panel member will then recommend an outcome to the Secretary, to be adopted within 60 days of the referral. The Secretary will adopt the recommendation, or a revised version of the recommendation, as appropriate. Final determinations reached following this alternative dispute resolution process shall be publicized and distributed in the manner described in subsection (7) of this rule.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 246.150, Ch. 64 & 2003 OL
Statutes/Other Implemented: Ch. 64 & 2003 OL
ELECT 25-2003, f. & cert. ef. 12-31-03

Or. Admin. R. 165-001-0095 Complaint Requirements

(1) Any complaint filed pursuant to ORS 260.205 or ORS 260.345 must be signed by an elector of the State of Oregon.

(2) A complaint filed pursuant to ORS 260.345 which is filed with an elections filing officer other than the State Elections Division shall be delivered by the filing officer to the State Elections Division within one business day.

(3) The complaint may be delivered by electronic mail to elections.sos@state.or.us, by facsimile to 503-373-7414 or by mail or personal delivery to 255 Capitol Street NE, Suite 501, Salem, OR 97310.

History

Statutory/Other Authority: 260.345 & ORS 246.150
Statutes/Other Implemented: 260.345, ORS 246.232, 260.205 & 260.995
ELECT 7-2020, amend filed 06/11/2020, effective 06/11/2020
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 15-2015, f. 12-31-15, cert. ef. 1-1-16

Division 2 GENERAL BUSINESS

Or. Admin. R. 165-002-0005 Refunds

(1) This rule provides for the refund of fees paid in excess of the amount legally due to the Elections Division.

(2) The Elections Division shall not refund fees paid in excess of the amount legally due to the Division if the amount is $10 or less, unless a refund is requested in writing by the applicant or the applicant's legal representative within three years after the date of the overpayment.

History

Statutory/Other Authority: ORS 293
Statutes/Other Implemented: ORS 293.445
ELECT 17-2003, f. & cert. ef. 12-5-03
SD 17-1984, f. & ef. 9-14-84

Or. Admin. R. 165-002-0010 Temporarily suspended until 12/27/2026. This rule language is not currently in effect. Schedule and Fees for Providing Copies of Public Records

(1) Any person may request photocopies, facsimile (fax) copies, electronically distributed (email) copies, certifications and computer disks of public records which are on file in the Office of the Secretary of State, Elections Division in person, in writing, by telephone, by facsimile (fax) or by electronic submission (email). For purposes of this rule a page is considered to be a single sheet of paper with information on either one side or both sides.

(2) Charges for photocopy orders will be the lesser of:

(a) $0.25 per page; or

(b) For orders requiring 4 or more hours of staff time to process, $0.03 per page, plus labor charges calculated as provided in paragraph 7(b);

(c) If the completed photocopy order is mailed, the minimum charge will be $1.00 prepaid. If the order is to be billed, the minimum charge will be $5.00;

(d) There is no minimum charge for credit card transactions.

(3) Completion of copy orders is contingent upon the number of pending requests and staff availability. Orders will be processed in the order in which they are received.

(4) Facsimile (fax) copy orders shall be processed as follows:

(a) The cost of records transmitted by facsimile (fax) will be $5.00 for the first page and $1.00 for each additional page;

(b) Facsimile (fax) orders are limited to a 20 page maximum, not including the cover page;

(5) Certified copies of public records shall be provided at a cost of $5.00 for each certification plus $0.25 for each page copied. Certified copies means photocopies which are certified to be true and accurate copies of the original documents.

(6) Copies of public records may also be provided on a 3.5-inch computer disk or compact disk (CD) if the document(s) are stored in the computer system. Disks will be provided at a cost of $5.00 per disk and may contain as much information as it will hold.

(7) Labor charges for research projects shall be as follows:

(a) No charge for the first 15 minutes of staff time;

(b) Beginning with the 16th minute, the charge per total request shall be $25.00 per hour or $6.25 per quarter-hour. No proration will be done for less than a quarter-hour;

(A) Which is not readily and immediately available from a single source or a group of related sources;

(B) Which requires a search to locate the requested information; or

(C) Where the request is not specific and a staff determination must be made as to the nature of the information which would fulfill the request.

(8) Billing will be done on the following basis:

(a) Payment must be made not later than 30 days after the billing date. If payment is not received and a second notice is required, an additional $5.00 may be charged;

(b) Billing will not be provided to any customer who has a past due balance from a previous order. Additional orders will be processed only upon receipt of the balance owed and prepayment of the cost of the new order.

(9) For orders, including research projects, which have an estimated total cost exceeding $50.00, a deposit of one-half of the estimated total cost of the order will be required prior to processing.

(10) The following will be provided free of charge:

(a) Copies of any manual produced and adopted by the Secretary of State, Elections Division, limited to one copy of each requested manual per customer;

(b) Lists of federal and statewide elected officials, the legislative assembly, judges, and district attorneys;

(d) Press releases;

(e) 8.5" X 11" maps;

(f) Any document distributed by electronic mail (email); and

(g) The first 25 pages of any photocopy order placed by a state agency.

History

Statutory/Other Authority: ORS 192.440 & 246.150
Statutes/Other Implemented: ORS 192.440
ELECT 14-2026, temporary suspend filed 07/01/2026, effective 07/01/2026 through 12/27/2026
ELECT 20-2009, f. & cert. ef. 12-31-09
ELECT 9-2006, f. & cert. ef. 5-15-06
ELECT 17-2003, f. & cert. ef. 12-5-03
ELECT 10-1998, f. & cert. ef. 11-3-98
ELECT 10-1994, f. & cert. ef. 5-31-94
ELECT 21-1989, f. & cert. ef. 10-31-89

Or. Admin. R. 165-002-0020 Schedule and Fees for Providing Statewide and Less Than Statewide Voter List

(1) Any person may obtain an electronic copy of a statewide or less than statewide voter list from the Office of the Secretary of State, Elections Division, or any county elections official. The following fees for providing a list electronically will apply:

(a) $25.00 fee for staff and processing time, and media used

(b) $.025 per 100 voters

(2) For any special formatting requests, an hourly fee of $35.00 per hour will be assessed. The minimum fee assessed under this paragraph will be $35.00 and the maximum $100.00. Special formatting requests do not include providing the electronic copy of a statewide or less than statewide voter list in an alternate electronic format such as an Excel or Access file, rather than a tab delimited text file.

(3) In accordance with ORS 247.945(4) the charge for a statewide voter list is $500.00. No special formatting requests will be permitted for a statewide voter list.

(4) A request for a hardcopy of a less than statewide voter list, labels, or other non-electronic formats must be made with the county elections official of each county in which voters to be listed reside.

(5) In accordance with ORS 192.440(3)(a) a county may establish fees reasonably calculated to reimburse the county for the actual cost of making the list available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the person’s request.

(6) Any fee calculated under paragraph 1 of this rule may be rounded up to the nearest nickel.

(7) All requests for a statewide or less than statewide voter list will be accompanied by a completed SEL 510, Customer Request Form for Statewide or Less Than Statewide Voter List.

(8) The voter list must not be used for commercial purposes. Under ORS 247.955 a person will not be considered to use the voter list for commercial purposes if the person obtains the list of electors for the purpose of resale to candidates or political committees for political purposes only.

History

Statutory/Other Authority: ORS 192.440 & 246.150
Statutes/Other Implemented: ORS 192.440
ELECT 20-2009, f. & cert. ef. 12-31-09
ELECT 12-2006, f. & cert. ef. 8-23-06, f. & cert. ef. 12-31-07

Or. Admin. R. 165-002-0025 Secretary of State as Filing Officer

(1) ORS Chapters 246 through 260 name the Secretary of State as the filing officer for certain candidate filings, initiative, referendum and recall filings, campaign finance reports and other elections documents.

(2) For purposes of ORS Chapters 246 through 260, when the Secretary of State is designated as the filing officer, "Secretary of State" is defined as the Elections Division, Suite 501, 255 Capitol St NE, Salem, OR 97310; telephone number (503) 986-1518; facsimile (fax) number (503) 373-7414; and for documents required or allowed to be filed electronically (email), elecfile.sos@state.or.us.

(3) For any document for which the Secretary of State is the filing officer, such document will not be considered filed until it is physically received in its entirety at the location described in section (2) of this rule.

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 246.021
ELECT 17-2003, f. & cert. ef. 12-5-03
ELECT 11-1994, f. & cert. ef. 6-3-94

Division 4 CITY INCORPORATION

Or. Admin. R. 165-004-0005 Forms to Petition for Incorporation of a City

The Secretary of State hereby adopts by reference and designates the following forms for filing a petition for incorporation of unincorporated territory as a city:

(1) SEL 701, Prospective Petition for Incorporation, which designates not more than three chief petitioners;

(2) SEL 702, Petition for Incorporation of a City Signature Sheet;

(3) SEL 702a, Petition for Incorporation of a City Signature Sheet, to be used when the territory proposed to be incorporated is within the jurisdiction of a local government boundary commission.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 221.031 & 246.150
Statutes/Other Implemented: ORS 221.031 & 221.040
ELECT 28-2007, f. & cert. ef. 12-31-07
ELECT 10-2000, f. & cert. ef. 6-7-00
ELECT 14-1999(Temp), f & cert. ef. 12-29-99 thru 6-26-00
ELECT 10-1998, f. & cert. ef. 11-3-98
ELECT 1-1998, f. & cert. ef. 2-5-98
ELECT 21-1993, f. & cert. ef. 6-21-93
ELECT 15-1993(Temp), f. & cert. ef. 4-23-93
SD 15-1981, f. & ef. 12-1-81

Or. Admin. R. 165-004-0020 Forms to Petition for Creation of a City Through Consolidation

The Secretary of State hereby adopts by reference and designates the following forms for filing a petition to create a city by consolidation of adjoining or nonadjoining cities or unincorporated territory:

(1) SEL 705, Prospective Petition to Create a City by Consolidation, which designates not more than three chief petitioners;

(2) SEL 706, Petition for Creation of a City Through Consolidation signature sheet.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 222.230, 246.120 & 246.150
Statutes/Other Implemented: ORS 222.210, 222.220, 222.225 & 222.230
ELECT 28-2007, f. & cert. ef. 12-31-07
ELECT 7-2002, f. & cert. ef. 8-1-02
ELECT 4-2002(Temp), f. & cert. ef. 6-12-02 thru 12-9-02

Division 5 VOTER REGISTRATION

Or. Admin. R. 165-005-0050 Registration Procedures for Newly Naturalized Citizens

(1) The purpose of these rules are to establish procedures for registering to vote an otherwise qualified person who will become a naturalized United States citizen after the registration cutoff but prior to the next election.

(2) For purposes of this rule, these terms mean:

(a) "Qualified Person" — A resident of the State of Oregon who is a United States citizen by 8pm on the day of the election; 17 years of age or older; has resided in this state for 20 days immediately preceding the election at which the person will vote; is registered more than 20 calendar days prior to the election.

(b) "Naturalized United States Citizen" — A citizen of another country who has met the Bureau of Citizenship and Immigration Services requirements to obtain U.S. citizenship and, through a legal procedure, becomes a citizen of the United States.

(c) “Evidence of Citizenship” — A Certificate of Naturalization, which is an identity document proving U.S. citizenship, issued by the Bureau of Citizenship and Immigration Services, after the person takes the Oath of Allegiance to the United States.

(3) A person who will become a United States citizen after the 21st calendar day preceding an election, and who wishes to register to vote in that election, shall appear personally in the office of any County Elections Official, before the 20th day before the election, to request a voter registration form. The person shall explain that the person become a naturalized United States citizen after the voter registration deadline but prior to the next election.

(4) The office of the County Elections Official shall permit the person to complete and submit a voter registration form. The County Elections Official shall include a notation that the individual will be a citizen, after the voter registration deadline but prior to the next election.

(5) The office of the County Elections Official shall explain to the person that unless the person appears before the county clerk and provides evidence of citizenship by 8pm on the day of the election, the person's pending registration will be canceled. If the evidence of citizenship is presented before 8pm on election day, the person shall be issued a ballot for that election.

(6) If the person fails to provide timely evidence of citizenship, the office of the County Elections Official shall cancel the person's pending registration.

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 247.015
ELECT 6-2009, f. & cert. ef. 5-4-09
ELECT 8-2003, f. & cert. ef. 9-3-03
ELECT 1-2001, f. & cert. ef. 2-1-01
ELECT 25-1994, f. & cert. ef. 10-27-94
ELECT 23-1990, f. & cert. ef. 7-13-90

Or. Admin. R. 165-005-0055 Designating NVRA Voter Registration Agencies

(1) "Voter Registration Agency" means one of the following:

(a) Armed Forces recruitment offices operated by the U.S. Department of Defense and Oregon National Guard Recruitment Offices;

(b) Oregon Commission for the Blind (OCB);

(d) Oregon Department of Human Services, Area Agency on Aging (AAA);

(e) Oregon Department of Human Services, Self Sufficiency and Child Welfare (SS/CW);

(f) Oregon Health Authority, Contraceptive Care Program (CCare);

(g) Oregon Health Authority, Health Systems Division, Behavioral Health;

(h) Oregon Health Authority, Women, Infants and Children Nutrition Program (WIC);

(i) Oregon Department of Human Services, Vocational Rehabilitation (VR);

(j) Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV);

(k) Public universities, as defined in ORS 352.002;

(l) Oregon Department of Human Services, Office of Developmental Disability Services (ODDS);

(m) Oregon Health Authority, Oregon State Hospital (OSH);

(n) Oregon Department of Veterans' Affairs (ODVA); and

(o) Indian Health Service, Western Oregon Service Unit (Chemawa Health Center).

(2) "Agency Site" means any voter registration location named by a voter registration agency designated in section (1) of this rule.

(3) "County Elections Official" means the official responsible for voter registration in any county.

(4) Some voter registration agencies are not required under the National Voter Registration Act to be designated as voter registration agencies. Because their status as Voter Registration Agencies is voluntary, public universities are exempt from the requirements of ORS 247.208(2) and (4).

(5) The Armed Forces recruitment offices, operated by the U.S. Department of Defense, are exempt from reporting statistical information to the Secretary of State and report directly to the Election Assistance Commission.

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 247.208 & Executive Order 14019, Sec. 4
ELECT 20-2024, amend filed 10/23/2024, effective 10/28/2024
ELECT 17-2018, amend filed 08/10/2018, effective 08/10/2018
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 12-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 11-2011, f. & cert. ef. 7-12-11
ELECT 8-2003, f. & cert. ef. 9-3-03
ELECT 20-2000, f. & cert. ef. 12-8-00
ELECT 25-1994, f. & cert. ef. 10-27-94
ELECT 18-1992, f. & cert. ef. 7-1-92
ELECT 10-1991(Temp), f. & cert. ef. 9-27-91

Or. Admin. R. 165-005-0060 Collection of Registration Cards

(1) Personnel at all agency sites shall forward completed voter registration cards to the County Elections Official of the county in which the agency site is located. If the Secretary of State provides envelopes for forwarding the cards, those envelopes shall be used. Agency personnel shall forward cards via the U.S. Postal Service, unless other arrangements have been made with the County Elections Official that may be more economical or efficient.

(2) The Secretary of State shall notify agency sites of impending registration-related deadlines.

(3) Personnel at agency sites shall forward completed voter registration cards within five days of receipt, as required by ORS 247.012(2)(a).

History

Statutory/Other Authority: ORS 246.150 & 247.208
Statutes/Other Implemented: ORS 247.208
ELECT 8-2003, f. & cert. ef. 9-3-03
ELECT 21-2000, f. & cert. ef. 12-8-00
ELECT 25-1994, f. & cert. ef. 10-27-94
ELECT 18-1992, f. & cert. ef. 7-1-92
ELECT 10-1991(Temp), f. & cert. ef. 9-27-91

Or. Admin. R. 165-005-0065 Compiling and Reporting Registrations

(1) The Secretary of State shall provide to Voter Registration Agencies a print or electronic form to use to report the number of voter registration cards sent to the County Elections Official.

(2) At least monthly, on the form or in the manner provided by the Secretary of State, each agency site shall report to the Secretary of State the number of voter registration cards sent to the county elections office since the last report.

(3) County Elections Officials shall record the following voter registration information in the Oregon Centralized Voter Registration System (OCVR) allowing the Secretary of State to compile the information and report to the Election Assistance Commission:

(a) The number of voters registered "active" and the number of voters registered "inactive" at the close of the previous general election;

(b) The number of registrations cancelled between the two most recent federal general elections;

(c) The number of confirmation notices mailed out between the two most recent federal general elections and the number of responses to these notices received during that same period;

(d) The number of valid registrations for people not previously registered to vote in Oregon or who is currently cancelled (New);

(e) The number of registration applications that update an existing registration including the residential address from one county to another (Update); and

(f) The number of registration applications submitted by persons already registered to vote at the same address, under the same name, with the same personal information and the same political party (Duplicate).

(4) New, updated or duplicate registrations shall be recorded in the following categories:

(a) By mail all cards received from individuals that arrive by United States Postal Service;

(b) By other means all cards received from individuals arriving in person or another method, other than by United States Postal Service;

(c) From the Department of Transportation (DMV) — all cards received from DMV offices regardless of how the cards arrive;

(d) From a #3 — agency all cards received from a #3 agency regardless of how the cards arrive. #3 agencies include Addictions and Mental Health Division, Children, Adults & Families Division; and the Office of Family Health Services — WIC;

(e) From a #4 — agency all cards received from a #4 agency regardless of how the cards arrive. #4 agencies include the Commission for the Blind; Seniors & People with Disabilities; and the Office of Vocational Rehab Services;

(f) From Armed Forces Recruitment offices — all cards received from Armed Forces offices regardless of how the cards arrive;

(g) From all other designated voter registration agencies — all cards received from the Oregon University System, Secretary of State or other County Elections Office regardless of how the cards arrive; and

(h) Received on a Federal Voting Assistance Program (FVAP) registration application regardless of how the cards arrive.

History

Statutory/Other Authority: ORS 246.150, 247.012 & 247.208
Statutes/Other Implemented: ORS 247.208
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 12-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 11-2011, f. & cert. ef. 7-12-11
ELECT 22-2000, f. & cert. ef. 12-8-00
ELECT 25-1994, f. & cert. ef. 10-27-94
ELECT 18-1992, f. & cert. ef. 7-1-92
ELECT 10-1991(Temp), f. & cert. ef. 9-27-91

Or. Admin. R. 165-005-0070 Agency Registration Procedures

(1) Personnel at agency sites shall date stamp each voter registration form before it is mailed to the county elections office. The voter registration form should be date stamped with the date it was received from the client, on the front of the form to the right of the bar code.

(2) Voter registration agencies shall provide written notice to the Secretary of State of any change, to the following information within 30 days of the change:

(a) The identity of the NVRA coordinator for the voter registration agency;

(b) The location of each agency site that will offer voter registration; and

(3) Voter registration agency personnel shall not influence or attempt to influence a person to choose or not choose a particular political party or preference, or to register or to vote in any particular manner. Items which personnel shall not wear or display in the presence of clients while offering the opportunity to register to vote include materials that:

(a) Identify past, present, or future holders or seekers of partisan elective office;

(b) Contain logos or other graphics that may be identified with a political party or other party preference;

(d) Would reasonably be understood to be advocating support or opposition to a ballot measure or candidate for elective office.

History

Statutory/Other Authority: ORS 246.150 & 247.208
Statutes/Other Implemented: ORS 247.208
ELECT 1-2019, amend filed 01/18/2019, effective 01/18/2019
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 12-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 8-2003, f. & cert. ef. 9-3-03
ELECT 15-2001, f. & cert. ef. 6-15-01
ELECT 25-1994, f. & cert. ef. 10-27-94
ELECT 18-1992, f. & cert. ef. 7-1-92
ELECT 4-1992(Temp), f. & cert. ef. 2-26-92

Or. Admin. R. 165-005-0080 Request for Delivery and Distribution of Voter Registration Cards

(1) The purpose of this rule is to set out the procedures for handling requests for delivery of voter registration cards.

(2) All requests for 100 or more voter registration cards shall be accompanied by a completed SEL Form 505 and will be filled as follows:

(a) The County elections official shall fill requests for less than 500 voter registration cards;

(b) The Secretary of State shall fill requests for 500 or more voter registration cards.

(3) The Secretary of State shall maintain records to determine when an aggregate of 5,000 voter registration cards have been delivered to any person during the time periods described ORS 247.176(1).

(4) Requests by any person for voter registration forms in excess of the 5,000 aggregate during any one time period will be made to the Secretary of State. The Secretary of State will honor requests for delivery of more than 5,000 registration cards in the following circumstances:

(a) When the request is made in writing and the requester agrees to pay the printing costs of the cards requested; or

(b) When the request is made in writing and the requester provides the following information and assurances:

(A) The requester provides a plan for distribution of the cards, including the names of persons or organizations involved in the registration drive, distribution locations, publicity related to the registration drive, coordination with other registration drives, if applicable, and any other pertinent details of the effort;

(B) The requester provides written assurances that any unused registration cards after the completion of the registration drive will be returned to the Secretary of State.

(5) At the discretion of the Secretary of State, requests for additional voter registration forms may be satisfied by authorizing the requesting person to print the voter registration forms at the person's own expense, according to Secretary of State specifications.

(6) The free public distribution of registration cards by a person approved by the Secretary of State under to print, copy or otherwise prepare and distribute voter registration forms, even though the distributor incurs costs in the distribution, does not constitute undue influence to affect registration, voting or candidacy.

(7) Nothing in this rule shall be deemed to limit the distribution of voter registration forms to permanent registration locations as designated by the County elections official or to voter registration agencies as designated by the Secretary of State.

(8) These procedures shall be construed liberally in order not to impede voter registration in this state.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 246.150 & 247.176
Statutes/Other Implemented: ORS 247.176
ELECT 8-2003, f. & cert. ef. 9-3-03
ELECT 9-2001, f. & cert. ef. 3-15-01
ELECT 25-1994, f. & cert. ef. 10-27-94
ELECT 5-1992, f. & cert. ef. 2-26-92, Renumbered from 165-002-0015
ELECT 1-1990, f. & cert. ef. 1-16-90

Or. Admin. R. 165-005-0130 Residence Address Disclosure Exemption

(1) The purpose of this rule is to define when a county elections official may exempt the residence address of an elector from disclosure as a public record.

(2) The terms used in this rule shall have the same meaning as defined in ORS Chapters 246 through 260, commonly referred to as "Oregon Election Laws".

(3) An elector may request that a county elections official not disclose the residence address of the elector. If the elector demonstrates to the satisfaction of the county elections official that the personal safety of the elector, or the personal safety of a family member residing with the elector, is in danger if the residence address remains available for public inspection, the county elections official shall not disclose that information except in compliance with a court order, a request by a law enforcement agency, or with the consent of the elector.

(4) An exemption from disclosure granted under this rule shall include the residence address on the elector's voter registration record, registration lists produced in accordance with ORS 247.940 and 247.945, poll books, and any other material produced or maintained by the county elections official which is available for public inspection that may reveal the requestor's residence address. The elector's mailing address may be used in place of the exempt residence address.

(5) A request under section (3) of this rule shall be submitted to the county elections official. The exemption request shall be submitted on form SEL 550 Application to Exempt Residence Address from Disclosure. The request shall be in writing, signed by the elector, and shall include:

(a) The name of the elector requesting exemption;

(b) A non-exempt mailing address for the elector; and

(c) Evidence sufficient to establish to the satisfaction of the county elections official that disclosure of the elector's residence address would constitute a danger to the personal safety of the elector, or of a family member residing with the elector. Such evidence may include copies of the following documents:

(A) An affidavit, medical records, police reports or court records showing that the elector, or a family member residing with the elector, has been a victim of domestic violence;

(B) A citation or an order issued under ORS 133.055 for the protection of the elector, or a family member residing with the elector;

(C) An affidavit or police report showing that a law enforcement officer has been contacted concerning domestic violence, other physical abuse, or threatening or harassing letters or telephone calls directed at the elector, or a family member residing with the elector;

(D) A temporary restraining order or other no-contact order to protect the elector, or a family member residing with the elector, from future physical abuse;

(E) Court records showing that criminal or civil legal proceedings have been filed regarding physical protection for the elector, or a family member residing with the elector;

(F) A citation or a court's stalking protective order pursuant to ORS 163.735 or 163.738, obtained for the protection of the elector, or a family member residing with the elector;

(G) An affidavit or police report showing that the elector, or a family member residing with the elector, has been a victim of a person convicted of the crime of stalking or of violating a court's stalking protective order;

(H) A conditional release agreement issued under ORS 135.250–135.260 providing protection for the elector, or a family member residing with the elector;

(I) A protective order issued pursuant to ORS 135.873 or 135.970 protecting the identity or place of residence of the elector, or a family member residing with the elector;

(J) An affidavit from a district attorney, or deputy district attorney, stating that the elector, or a family member residing with the elector, is scheduled to testify or has testified as a witness at a criminal trial, grand jury hearing or preliminary hearing, and that such testimony places the personal safety of the witness in danger;

(K) A court order stating that the elector, or a family member residing with the elector, is or has been a party, juror, judge, attorney or involved in some other capacity in a trial, grand jury proceeding or other court proceeding, and that such involvement places the personal safety of that elector in danger; or

(L) Such other documentary evidence that establishes to the satisfaction of the county elections official that disclosure of the elector's residence address would constitute a danger to the personal safety of the elector, or a family member residing with the elector.

(6) The county elections official receiving a request under this rule will promptly review the request and notify the elector, in writing, whether the evidence submitted is sufficient to demonstrate to the satisfaction of the county elections official that the personal safety of the elector, or a family member residing with the elector, would be in danger if the residence address remains available for public inspection. The county elections official may request that the elector submit additional information concerning the request.

(7) If a county elections official grants the request to exempt the residence address of an elector from disclosure as a public record, the county elections official must include a statement in its notice to the elector that: the exemption will remain effective until the elector requests termination of the exemption or the elector is required to update the elector's voter registration.

(8) If the elector is required to update the elector's voter registration, the elector may apply for another exemption from disclosure. At the time of updating if no SEL 550 Application To Exempt Residence Address From Disclosure As A Public Record accompanies the voter registration card or is incomplete, the county elections official must send notice, by certified mail return receipt requested, to the elector that states:

(a) Currently the elector's address is non-disclosed; and

(b) If an updated SEL 550 Application To Exempt Residence Address From Disclosure As A Public Record is not received within 10 business days of receipt of the notice, the elector's residence address will not be exempt from disclosure as a public record.

(9) An elector who has requested that a county elections official not disclose his or her residence address may revoke the request by notifying, in writing, the county elections official to which the request was made that disclosure no longer constitutes a danger to personal safety. The notification must be signed by the person who submitted the original request for nondisclosure of the residence address.

(10) Form SEL 550 may be used by a public safety officer, as defined by ORS 181.610, to request that the person's home address, home telephone number and electronic mail address be exempted from disclosure pursuant to 192.501. A public safety officer making such a request is not required to provide information described in paragraph (5)(c).

(11) Form SEL 550 shall be used by a participant or parent or guardian of a participant in the Address Confidentiality Program to request that the elector’s residence address be exempted from disclosure pursuant to ORS 192.842. The form shall be completed by the participant and include:

(a) The name of the elector requesting exemption;

(b) The substitute address provided by the Address Confidentiality Program; and

(12) A request under section (11) of this rule is not required to be signed and a copy of the Address Confidentiality Program Authorization Card is the only evidentiary documentation required.

(13) If a participant or parent or guardian of a participant in the Address Confidentiality Program is required to update the elector’s voter registration due to a change in residence address, only an updated voter registration card is required to be completed.

(14) If a participant or parent or guardian of a participant in the Address Confidentiality Program is required to update the elector’s voter registration due to a name change section (8) of this rule applies. If an updated SEL 550 is received in response to the notice in section (8) of this rule it must be accompanied by a copy of the Address Confidentiality Program Authorization Card.

(15) Pursuant to ORS 192.842 the county elections official may not disclose the elector’s residence address, and the county elections official shall use the substitute address of the program participant for purposes of mailing a ballot to an elector under 254.470.

History

Statutory/Other Authority: ORS 246.150 & 247.969
Statutes/Other Implemented: ORS 247.965 & 192.501
ELECT 23-2022, temporary amend filed 08/15/2022, effective 08/16/2022 through 02/10/2023
ELECT 21-2009, f. & cert. ef. 12-31-09
ELECT 9-2007, f. & cert. ef. 12-31-07
ELECT 18-2006, f. 12-29-06, cert. ef. 1-1-07
ELECT 4-2006, f. & cert. ef. 4-18-06
ELECT 8-2003, f. & cert. ef. 9-3-03
ELECT 13-2001, f. & cert. ef. 6-15-01
ELECT 3-1994, f. & cert. ef. 2-4-94

Or. Admin. R. 165-005-0135 Election Worker Residence Address Disclosure Exemptions

(1) The purpose of this rule is to define when elections officials shall exempt the residence address of an election worker or a member of the election worker’s household from disclosure as a public record.

(2) The terms used in this rule shall have the same meaning as defined in ORS Chapters 246 through 260, commonly referred to as "Oregon Election Laws."

(3) The Elections Division shall maintain an electronic process by which an election worker may request that a county elections official not disclose their residence address because they are an election worker as described in section (5) of this rule.

(a) County elections officials shall verify whether an elector who makes requests through the portal is an election worker and may re-verify periodically. County elections officials may at any time remove an elector’s residence address exemption who no longer meets the criteria outlined in section (5) of this rule.

(b) County elections officials shall periodically update voter registration records to indicate which electors are verified election workers whose residence addresses are exempt from disclosure and to provide the verified election workers’ substitute mailing addresses.

(c) Elections officials may not disclose the residence address of an election worker designated as exempt from disclosure under this subsection (3) except in compliance with a court order, a request by a law enforcement agency, or with the consent of the election worker. County elections officials shall use the substitute address of such election workers for purposes of mailing a ballot to an elector under ORS 254.470.

(4) An exemption from disclosure granted under this rule shall include the residence address on the election worker's voter registration record, on registration lists produced in accordance with ORS 247.940 and 247.945, voter records, and on any other material produced or maintained by elections officials which is available for public inspection that may reveal the election worker's residence address. The election worker's mailing address may be used in place of the exempt residence address.

(5) An elector may demonstrate by attestation that the elector is an election worker identified by the Secretary of State, a county clerk or county elections official, or another public body as defined in ORS 174.109. Such attestation must be sufficient to demonstrate to the satisfaction of the Secretary of State or the county elections official that the elector meets the criteria in this section (5).

(a) For purposes of this rule, an “election worker” is an individual employed full-time, part-time or as a volunteer who is serving the State of Oregon or any other public body, as defined in ORS 174.109, as an elected official, appointed official, employee or agent, and whose official duties include carrying out any duty, function or power set forth in Oregon Election Laws and whose residence address is in Oregon.

(b) Election workers include, but are not limited to, the following:

(A) County clerks;

(B) Employees hired by state, county, or local elections officials to perform any duty, function or power set forth in Oregon Election Laws or assist in such work;

(C) Volunteers appointed by state, county, or local elections officials to perform any duty, function or power set forth in Oregon Election Laws, or to assist in such work;

(D) Employees of vendors under contract with state, county, or local elections officials to perform any duty, function or power set forth in Oregon Election Laws, or to assist in such work, including providing or maintaining voting machines and vote tally systems or printing official ballots;

(E) The Secretary of State;

(F) Employees of the Secretary of State’s Election Division and other employees of the Secretary of State who assist in their work; and

(G) Employees of the federal government or employees of vendors under contract with the federal government who administer federal elections laws or otherwise assist state, county, or local officials in performing any duty, function or power set forth in Oregon Election Laws.

(c) The Secretary of State, a county clerk or county elections official, or another public body as defined in ORS 174.109 may identify an elector as an election worker as follows:

(A) by issuing a certificate of election to the elector for the office of Secretary of State or county clerk under ORS 254.545(5) or ORS 254.555(1)(c);

(B) by hiring or appointing the elector to carry out any duty, function or power set forth in Oregon Election Laws;

(C) by contracting with the elector or the elector’s employer to carry out any duty, function or power set forth in Oregon Election Laws; or

(D) by administrative rule.

(6) If the election worker updates their voter registration, the election worker may apply for another exemption from disclosure.

(7) An election worker who has requested inclusion on the exemption list may revoke the request in writing to either the county elections official or the Elections Division indicating that the elector is no longer an election worker or that the disclosure no longer constitutes a danger to personal safety. The request must be signed by the person who submitted the original request for nondisclosure of the residence address.

(8) If a county elections official declines to grant an exception application or revokes an application, they must provide in writing the applicant’s name and reason for denial to the Election Division. The Elections Division will review the refusal or revocation, and if the Elections Division deems it invalid, will instruct the county to grant or reinstate residence address exemption under this rule.

History

Statutory/Other Authority: ORS 247.965, ORS 246.150, ORS 247.969, HB 4144 (2022) & SB 166 (2023)
Statutes/Other Implemented: ORS 247.965, ORS 247.969, ORS 247.967, ORS 192.345, HB 4144 (2022) & SB 166 (2023)
ELECT 11-2024, amend filed 07/09/2024, effective 07/10/2024
ELECT 6-2024, temporary amend filed 04/03/2024, effective 04/03/2024 through 09/29/2024
ELECT 13-2023, adopt filed 08/08/2023, effective 08/09/2023
ELECT 7-2023, temporary adopt filed 02/09/2023, effective 02/11/2023 through 08/09/2023

Or. Admin. R. 165-005-0150 Use of Signature Stamp by Disabled Elector

(1) For purposes of this rule, "signature stamp or other indicator" means a device capable of printing a representation of a person’s signature on a document.

(2) Any voter who is unable, because of a disability, to sign the person’s name by hand may use a signature stamp or other indicator on the person’s voter registration form and any other election document requiring the voter’s signature as provided by this rule.

(3) Before a voter may use a signature stamp or other indicator on an election document, the voter shall attest that the voter needs to use a signature stamp or other indicator because of a disability.

(4) Form SEL 540 (Signature Stamp Attestation) shall be the form used for the attestation required by this rule. The form shall be filed with the county election official of the county in which the voter is registered to vote.

History

Statutory/Other Authority: ORS 246.120, 246.150 & HB 3135 & 1997
Statutes/Other Implemented: HB 3135 & 1997
ELECT 2-2001, f. 2-7-01, cert. ef. 2-8-01
ELECT 10-1997, f. & cert. ef. 10-27-97

Or. Admin. R. 165-005-0160 Electronic Voter Registration System

(1) This rule adopts the electronic voter registration system a qualified individual can use to complete and submit a registration electronically.

(2) Access to the electronic voter registration system is provided online at www.oregonvotes.gov and during covered transactions with the Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV).

(3) For purposes of this rule, a “qualified individual” is defined as a US Citizen that is a resident of Oregon and at least 16 years old, and:

(a) Who has a valid Oregon driver license, driver permit or state identification card, including an electronic signature image on file with DMV; or

(b) Who has a valid Social Security number.

(4) For purposes of this rule a “covered transaction” is defined as an application for or renewal of an Oregon driver license, driver permit, state identification card or a change of address.

(5) The electronic voter registration system can be used by electors to:

(a) Register for the first time in the state; and

(b) Update address, contact information or party information on an existing registration.

(6) If a registrant does not have a valid Oregon driver license, driver permit or state identification card, they must provide the final four digits of their Social Security number and an image of their signature to electronically submit a registration through www.oregonvotes.gov.

(7) The electronic voter registration system shall create an electronic time and date record at the time the registration is completed which shall be deemed the time submitted for voter registration purposes if the registration is accepted by the county elections official. All times and dates referenced are in Pacific Time.

(8) If the registrant has a valid Oregon driver license, driver permit or state identification card an image of the registrant’s electronic signature captured by DMV will be delivered to the county elections official with the registrant’s electronically submitted registration.

(9) The county elections official will review the submission and either accept the registration, reject the application, or contact the registrant for additional information.

(10) If the signature obtained is insufficient, the county elections official shall contact the registrant to obtain a sufficient signature. An elector is not eligible to vote a ballot until complete registration information, including a sufficient signature or signature stamp attestation is accepted by the county elections official.

History

Statutory/Other Authority: ORS 246.150 & ORS 247.019
Statutes/Other Implemented: ORS 247.019 & HB 4133 (2022)
ELECT 12-2025, amend filed 12/19/2025, effective 12/22/2025
ELECT 2-2021, amend filed 06/08/2021, effective 06/09/2021
ELECT 1-2010, f. & cert. ef. 2-26-10

Or. Admin. R. 165-005-0170 Oregon Motor Voter Program

(1) Oregon Motor Voter (OMV) Registration During Covered Transactions at the Driver and Motor Vehicle Services Division (DMV)

(a) Qualified Individuals Included in OMV Registration at the DMV

(A) Must be a United States (U.S.) citizen.

(i) Only an individual with a record of providing documentation to the DMV establishing that the individual is a U.S. citizen in compliance with ORS 807.040 and OAR 735-062-0020, and/or with ORS 807.455 and OAR 735-062-0022, will be registered through the OMV process.

(ii) To support these efforts, the DMV shall ensure that all employees who conduct covered transactions receive comprehensive training on voter-eligibility criteria, the consequences for non-qualified individuals who are registered, and on the classification of documentation into the following three categories related to citizenship verification:

(I) Evidence that conclusively establishes U.S. citizenship.

(II) Evidence that conclusively disproves U.S. citizenship.

(III) Evidence that is indeterminate with respect to U.S. citizenship status.

(iii) The training required in section 1(a)(A)(ii) must include specific guidance regarding identity documents issued by United States Territories, including how such documents inform determinations of citizenship and voter eligibility.

(iv) The training required in section 1(a)(A)(ii) shall be mandatory, shall occur prior to independently conducting covered transactions, and shall be logged and documented by the DMV.

(v) The training curriculum shall include reference materials supporting the categories identified in section 1(a)(A)(ii), and both the curriculum and reference materials shall be reviewed, evaluated, and formally approved by the DMV for continued use at least once every twelve (12) months.

(vi) Upon completing of its annual review, the DMV shall provide the training curriculum and the reference materials supporting the categories identified in section 1(a)(A)(ii) to the Secretary of State (SoS).

(vii)The business logic and automated system process used to route records based on the documentation provided by customers, including how each category of evidence affects whether data is included or excluded from OMV process, shall be included in the interagency agreement between the DMV and the SoS.

(B) Must be at least 16 years old, pursuant to ORS 247.016; and

(b) Individuals Excluded from OMV Registration at the DMV

(A) Individuals who present documents that conclusively disprove U.S. citizenship.

(B) Individuals who present documents identified as indeterminate with respect to U.S. citizenship status.

(D) Individuals or their family members who have a current safety exemption from the DMV pursuant to ORS 192.368.

(E) Law enforcement officials participating in a covered transaction pursuant to OAR 735-062-0290.

(F) Public employees or their family members who do not submit a residence address to the DMV pursuant to ORS 802.250.

(G) Anyone categorized by the DMV as a “continuous traveler” pursuant to OAR 735-062-0030.

(H) Individuals who do not provide their own electronic signature to the DMV.

(2) Covered OMV Registration Interactions at the DMV

(a) A qualified individual applies for an original driver license, permit, or identification (ID) card pursuant to either ORS 807.040 or ORS 807.455.

(b) A qualified individual renews a driver license, permit, or ID card pursuant to either ORS 807.040 or ORS 807.455.

(c) A qualified individual applies for a replacement driver license, permit, or ID card pursuant to either ORS 807.040 or ORS 807.455.

(3) OMV Registration Process for Qualified Individuals at the DMV

(a) During a covered transaction, DMV employees shall provide verbal or written notice (the Voter Registration Notification) to all apparently qualified individuals that their information will be used to register them to vote and that at the conclusion of the transaction, they will receive important voter information, including eligibility requirements, the consequences of registering when not qualified, and instructions on how to opt out through their county elections office.

(b) When delivering the Voter Registration Notification, DMV employees shall ensure that each apparently qualified individual receives the notice in that individual’s preferred language.

(c) At the conclusion of a covered transaction, DMV employees shall provide apparently qualified individuals with an OMV Explainer document, which shall include the items referenced above.

(d) When delivering the OMV Explainer, DMV employees shall ensure that each apparently qualified individual receives the document in that individuals preferred language.

(e) The SoS shall review, update, and provide the DMV with an electronic copy of the Voter Registration Notification and OMV Explainer at least once every twelve (12) months, and shall facilitate their translation into each language required under Oregon law, in accordance with ORS 251.167

(f) If a covered transaction occurs within 30 days of a standard statewide voter registration deadline, DMV employees shall advise apparently qualified individuals of the pending voter registration deadline and offer them the opportunity to register to vote through the Electronic DMV Voter Registration (EDVR) process in ORS 247.019.

(A) Standard statewide voter registration deadlines include those for the May Primary election held in an even-numbered year, the May Special District election held in an odd-numbered year, and the November General election held in an even-numbered year.

(B) Not later than August 31 of each year, the SoS will provide the DMV with a document that identifies voter registration EDVR deadlines.

(C) The requirement in section 3(f) is effective immediately, and the SoS will immediately provide the DMV with a document that identifies voter registration EDVR deadlines for 2026.

(4) Signature Collection During Covered Transactions at the DMV

(a) DMV employees collecting customer signatures shall advise individuals that the signature they provide may be used for other official purposes.

(b) DMV shall post the following notice on each pin pad used for OMV signature collection: “If you are eligible to vote, please be aware that this signature may be used to verify the signature on your ballot envelope.”

(A) Dimensions: 500 x 175

(B) Width: 500 pixels

(D) Resolution: 96 dpi

(d) Within two (2) business days of the SoS requesting a signature file, the DMV shall make available the most recent signature obtained during a covered transaction.

(e) The DMV shall collect a new signature from qualified individuals who change their name during a covered transaction.

(5) Voter Registration at the DMV for Those Whose Qualifications Are Unknown

(a) When an individual presents identifying forms of evidence that are indeterminate with respect to U.S. citizenship status, the DMV employee shall offer the individual the opportunity to register to vote through the EDVR process in ORS 247.019.

(b) Consistent with the National Voter Registration Act of 1993, 52 U.S.C. §§ 20501–20511, an individual shall be registered to vote through the EDVR process if they attest under penalty of perjury that they meet all eligibility requirements, including U.S. citizenship, and do not decline to be registered to vote.

(6) Voter Registration When Updating an Address Through DMV Programs

(a) The DMV shall create and maintain an Address Change Transaction Report that identifies, for each address change transmitted to the SoS, sufficient detail for county election officials to determine the source of the transaction information.

(b) The DMV, SoS, and representatives of the Oregon Association of County Clerks’ Executive Board shall jointly review the Address Change Transaction Report at least once every twelve (12) months to ensure a shared understanding of how and where address change data is collected and is being transmitted for voter registration purposes.

(c) The DMV shall revise all forms used by the DMV or its affiliates to collect address information that is transmitted to the SoS, with revisions made as part of the DMV’s normal course of business. As revised, each form must include a notice, placed in a manner that reasonably ensures the customer will see it, stating that the address provided may be used for other official purposes, including voter registration.

(d) The DMV shall include the transaction source detail, described in this section in the address files transmitted to the SoS.

(e) The SoS shall include the transaction source detail when making the data available to county election officials.

(7) Transferring Data Between the DMV and the SoS

(a) Within three (3) business days of a covered transaction, the DMV shall make available to the SoS, voter registration information for qualified individuals.

(b) Electronic records provided by the DMV for OMV are classified as Level 4 Restricted, pursuant to SoS agency policy.

(A) File notifications, including failure notifications.

(B) Daily control file policies.

(i) HAVA file.

(ii) Online Voter Registration Data.

(iii) Electronic DMV Voter Registration (EDVR).

(iv) Change of address.

(d) The OMV data file prepared by the DMV shall include:

(A) Full name.

(B) Date of birth.

(D) Mailing address (if any).

(E) Date of the DMV covered transaction.

(F) Legal presence indicator.

(e) The DMV and SoS shall ensure that any information regarding citizenship and immigration status contained in OMV files remains confidential in compliance with ORS 180.805 to ORS 180.810 and any applicable policies.

(8) SoS OMV File Processing

(a) Upon receipt of OMV data files from the DMV, the SoS shall compare the qualified individuals listed in the DMV files to individuals who have registration records in Oregon’s centralized voter registration system (OCVR).

(b) Qualified individuals who previously opted out of OMV are included in the matching process.

(c) If a qualified individual who previously opted out has a voter registration record, their OMV data will be processed.

(d) If a qualified individual who previously opted out does not have a voter registration record, they will be excluded from the OMV process.

(e) Current records in the OCVR system marked as confidential will be included in the OMV matching process.

(f) At the conclusion of the matching process, and immediately after receipt of the electronic signature, the SoS shall make OMV data available to county election officials, pursuant to ORS 247.017.

(9) OMV Notification

(a) The SoS shall notify each new OMV participant of the process to:

(A) Decline being registered as an elector; and

(B) Adopt a political party.

(b) The SoS shall provide a print vendor with a file to generate the OMV notification no later than three (3) business days after receipt of the file from the DMV.

(c) The 21-day notification period begins the day after the print vendor receives the data from the SoS, pursuant to ORS 247.017.

(d) The notification shall be sent by forwardable mail, with a postage-paid, pre-addressed return envelope.

(e) The SoS shall facilitate the delivery of returned notices to county election officials.

(f) An OMV notification returned undeliverable will be processed as a declination.

(g) In addition to the requirements in OAR 165-005-0170(9)(a), the OMV notification shall include:

(A) Registration qualifications.

(B) Penalties for registering when not qualified.

(D) An opportunity to register to vote within the 21-day period.

(E) A space for the OMV participant’s contact information.

(10) County OMV File Processing

(a) Upon receipt of OMV file data from the SoS, county election officials shall create a “Pending” OMV voter registration record for each record in the file.

(b) All records in OMV Pending status are exempt from public disclosure under ORS 247.940 or ORS 247.945, as OMV individuals are not considered added to the registration list until at least 21 calendar days after the OMV notification is provided pursuant to ORS 247.017(4).

(c) If an OMV elector returns a voter registration form within the 21-day notification period, the county shall process it following the standard voter registration application process.

(d) County election officials shall process returned OMV declinations as follows:

(A) Declination on or before the 21st day:

(i) Change status from Pending to Not Registered.

(ii) Records in a Not Registered status are exempt from public disclosure under ORS 247.940 or ORS 247.945.

(B) Declination on or after the 22nd day: change status to Cancelled.

(C) If the County receives an incomplete or ambiguous OMV declination, the County shall contact the voter, by the voter’s preferred contact method if provided, to obtain clarifying information.

(e) Upon the OMV maturation deadline, OMV electors shall be added to the registration list.

(f) The SoS shall provide OMV processing instructions to county election officials.

(11) OMV List Maintenance, Audits, and Escalation Methods

(a) The DMV and SoS shall enter into an Interagency Agreement, which covers items referenced elsewhere in this rule and:

(A) SoS-initiated monthly audit, including a random sampling of OMV records.

(B) Defined escalation path for discrepancies with nightly file counts.

(D) Defined escalation path for DMV to notify SoS of errors with OMV records.

(E) SoS-initiated list maintenance procedures.

(b) The DMV and SoS shall ensure that any information regarding citizenship and immigration status contained in OMV files remains confidential in compliance with ORS 180.805 to ORS 180.810 and any applicable policies.

(12) Effective Dates

(a) Except as otherwise provided in section 3(f), the provisions of this OAR 165-005-0170 shall become effective on January 1, 2027.

(b) Section 3(f) shall immediately supersede any contrary provisions of the Oregon Motor Voter Registration Manual.

(c) On January 1, 2027, the provisions of this OAR 165-005-0170 shall supersede the Oregon Motor Voter Registration Manual in full.

History

Statutory/Other Authority: ORS 246.150 & ORS 247.017
Statutes/Other Implemented: ORS 247.012, ORS 247.002, ORS 247.016, ORS 247.171, ORS 247.292, ORS 247.302, ORS 247.208, ORS 247.125, OAR 165-007-0030 & OAR 165-005-0055
ELECT 2-2026, amend filed 02/02/2026, effective 02/02/2026
ELECT 10-2023, amend filed 07/21/2023, effective 07/22/2023
ELECT 7-2019, temporary suspends temporary ELECT 4-2019, filed 10/10/2019, effective 10/10/2019 through 02/08/2020
ELECT 4-2019, temporary amend filed 08/13/2019, effective 08/13/2019 through 02/08/2020
ELECT 6-2017, amend filed 09/25/2017, effective 09/25/2017
ELECT 1-2016, f. & cert. ef. 5-13-16
ELECT 9-2015, f. 12-18-15, cert. ef. 1-1-16

Division 7 CONDUCT OF ELECTIONS

Or. Admin. R. 165-007-0030 Designating the Vote By Mail Procedures Manual.

The Secretary of State designates the Vote by Mail Manual revised 03/2024 and associated forms, as the procedures for conducting all vote by mail elections. All vote by mail elections shall be conducted following the requirements of ORS Chapters 246 through 260 and the Vote By Mail Manual.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 246.150, 254.465, 254.470, SB 27 (2021), HB 2681 (2021), HB 3291 (2021), SB 53 (2023) & SB166 (2023)
Statutes/Other Implemented: ORS 247, ORS 254, SB 27 (2021), HB 2681 (2021), HB 3291 (2021), SB 53 (2023) & SB166 (2023)
ELECT 7-2024, amend filed 04/04/2024, effective 04/05/2024
ELECT 15-2023, amend filed 09/07/2023, effective 09/08/2023
ELECT 8-2023, temporary amend filed 03/18/2023, effective 03/18/2023 through 09/13/2023
ELECT 33-2022, temporary amend filed 09/20/2022, effective 09/21/2022 through 03/17/2023
ELECT 2-2022, amend filed 01/13/2022, effective 01/14/2022
ELECT 5-2020, amend filed 03/03/2020, effective 03/03/2020
ELECT 24-2018, amend filed 10/16/2018, effective 10/16/2018
ELECT 3-2017, f. & cert. ef. 6-16-17
ELECT 8-2015, f. & cert. ef. 12-11-15
ELECT 10-2012, f. & cert. ef. 4-24-12
ELECT 10-2007, f. & cert. ef. 12-31-07
ELECT 26-2003, f. & cert. ef. 12-31-03
ELECT 9-2003, f. & cert. ef. 9-3-03
ELECT 5-1989, f. & cert. ef. 8-16-89

Or. Admin. R. 165-007-0035 Designating Ballot Request Forms

(1) The Secretary of State designates form SEL 111, Absentee Ballot Request Form, as the form an elector who will be away during an election, may submit to a county elections official to request an absentee ballot, except that if the elector is serving in the Armed Forces, the Merchant Marine or is temporarily living outside the territorial limits of the United States, the elector must submit a Federal Post Card Application.

(2) The Secretary of State designates form SEL 111A, Absentee Ballot Request Form, as the form an elector who is 17 years old who will be away during an election may submit to a county elections official to request an absentee ballot, except that if the elector is serving in the Armed Forces, the Merchant Marine or is temporarily living outside the territorial limits of the United States, the elector must submit a Federal Post Card Application. The elector will not receive a ballot until an election occurs on or after their eighteenth birthday.

(3) The Secretary of State designates form SEL 113, Provisional Ballot Request Form, as the form an individual whose eligibility as a voter is in question may use to request a ballot. The provisional ballot will not be counted until the individual’s eligibility is determined.

History

Statutory/Other Authority: ORS 246.150, 254.465, 254.470 & Help America Vote Act P.L. 107-252
Statutes/Other Implemented: ORS 247, 253.03 & 254
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 10-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 22-2009, f. & cert. ef. 12-31-09
ELECT 5-2006, f. & cert. ef. 4-18-06

Or. Admin. R. 165-007-0045 Counting Ballots Received by Mail

(1)The purpose of this rule is to establish the procedures elections officials must comply with when counting ballots sent by mail.

(2)For purposes of this rule, these terms are defined as follows:

(a) “USPS” is the United States Postal Service.

(b) “Postmark” or “postal indicator” is any official mark, imprint, or stamp that verifies when a ballot was accepted by the United States Postal Service. A postmark or postal indicator on a ballot return envelope is the official date of mailing when determining whether to count the ballot. A “postmark” or “postal indicator” includes a hand cancellation by an agent of the USPS.

(c) “Valid ballot” is a ballot that is eligible to be counted under the laws of this state, pending verification of its timely receipt by elections officials.

(d) “Election Day Deadline” is 8 p.m. on the day of a statewide general, primary, or special election, including all special district elections. Electors who have begun the act of voting at 8 p.m. at an official ballot drop site on election day have met the Election Day Deadline and shall be allowed to complete their vote. ORS 254.470 (10), together with all related rules, defines whether an elector has begun the act of voting.

(3)Elections officials shall count a valid ballot received by the Election Day Deadline without evaluating any postmark.

(4) Elections officials shall count valid ballots received after the Election Day Deadline if:

(a) Elections officials receive the ballot from the United States Postal Service;

(b) Elections officials receive the ballot no later than seven calendar days after the Election Day Deadline; and

(5) If a ballot return envelope contains more than one postmark, the earlier postmark is the official date of mailing for purposes of counting ballots sent by mail.

(6) If a postmark does not appear to be present or legible:

(a) Elections officials may use available USPS tools to clarify whether any postmark is present or legible.

(b) If elections officials are able to verify the date of mailing through available USPS tools, then the postmark shall be considered to be present and/or legible, and the verified date is the date of the postmark.

(c) If elections officials are not able to verify the date of mailing through available USPS tools, then elections officials shall accept a signed declaration on the ballot return envelope as evidence of the date of mailing. Based on that evidence, the elections official shall accept and count the valid ballots.

(d) Elections officials shall handle ballots challenged due to failure to sign the ballot return envelope or due to a nonmatching signature as required by ORS 254.431. Elections officials shall complete the process described in ORS 254.431 before determining whether to accept the ballot.

(e) Ballot return envelopes received after the Election Day Deadline that do not contain a signature are not valid ballots and shall not be counted.

History

Statutory/Other Authority: ORS 247.005, ORS 246.110 & ORS 254.470
Statutes/Other Implemented: ORS 254.470 & HB 3291 (2021)
ELECT 3-2022, adopt filed 01/14/2022, effective 01/15/2022

Or. Admin. R. 165-007-0130 Method of Calculating Total Eligible Voters for Property Tax Measure Elections

(1) The purpose of this rule is to assist county elections officials in calculating the total number of eligible voters for purposes of applying Article XI, section 11(8) of the Oregon Constitution. As provided in Article XI, section 11k, the turnout requirements do not apply to elections held in May or November of any year. For purposes of applying Article XI, section 11(8) of the Oregon Constitution and this rule, active registered voters are eligible voters, and inactive registered voters are not eligible voters.

(2) To calculate the total number of eligible voters within the district holding the election, county elections officials must:

(a) Determine the number of active registered voters as of the voter registration deadline in ORS 247.025. This is the base group of "registered voters eligible to vote."

(b) Add to the base group of "registered voters eligible to vote" any voter who is ineligible due to a change in residence address, or any inactive voter, who updates their voter registration as provided in ORS 247.307.

(c) Add to the base group of "registered voters eligible to vote" any voter determined to have been placed on the inactive list in error.

(d) Subtract from the base group of "registered voters eligible to vote," all voters who are determined during the particular election to be ineligible to vote, based on information received during the conduct of the election. These subtractions shall be made in the following manner:

(A) Subtract all voters who were mailed a ballot, which is returned as undeliverable, if the information on the returned envelope shows that the voter's residence address has changed, or that the voter is deceased.

(B) Subtract all voters for whom written information is received, other than a returned ballot, showing to the satisfaction of the county elections official that the voter is ineligible to vote.

(3) The information regarding eligibility used to make the calculations described in (2)(b) through (d) shall be made based on information received by the county elections official after the voter registration deadline in ORS 247.025 and not later than the deadline to receive ballots. Information received after that time shall not be used to calculate the total number of eligible voters for that election.

(4) The calculation of the percentage of accepted ballots to the number of eligible voters to vote on the measure for a particular election shall be not later than the 35th day after the election.

(5) A voter eligible to vote within the district holding an election subject to Article XI, section 11(8) of the Oregon Constitution will be considered to have an accepted ballot if the ballot has been returned to an elections office and the ballot is determined to be qualified to be counted (outer envelope contains signature of voter, signature matches the registration signature of the voter, no marks on outside of envelope which would cause ballot to be rejected). If these conditions are met, the ballot is "accepted" even if the ballot, when opened for counting, is determined to be deficient and is not counted, or if the voter does not vote on the particular measure at issue in the calculation.

(6) For purposes of determining voter eligibility in local elections, Appendix A of this rule will apply.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 246.120, 246.150, 254.465, 254.470 & Or. Const. Art. XI & Sec. 11(8)
Statutes/Other Implemented: Or. Const. Art. XI, Sec. 11(8) & HB 3291 (2021)
ELECT 4-2022, amend filed 01/14/2022, effective 01/15/2022
ELECT 7-2009, f. & cert. ef. 5-4-09
ELECT 16-2006, f. & cert. ef. 12-29-06
ELECT 8-2006, f. & cert. ef. 4-27-06
ELECT 9-2003, f. & cert. ef. 9-3-03
ELECT 4-2000, f. & cert. ef. 2-4-2000
ELECT 12-1999(Temp), f. & cert. ef. 10-19-99 thru 4-14-00
ELECT 11-1997, f. & cert. ef. 10-27-97
ELECT 3-1997, f. & cert. ef. 2-25-97

Or. Admin. R. 165-007-0270 Administrative Recounts

(1) The purpose of this rule is to establish a procedure for the conduct of administrative recounts of selected ballots following an election conducted in this state. The Secretary of State, as the chief elections officer for the State of Oregon, has the responsibility to adopt rules that the Secretary considers necessary to facilitate and assist in achieving a maximum degree of correctness, impartiality and efficiency in administration of the election laws. This rule is intended to carry out that responsibility by providing a mechanism for selective recounts to confirm the accuracy of the automated vote tally systems used to count ballots.

(2) The Elections Division may, between the 27th and 30th day after the election, direct the county elections official to conduct a recount of an office or measure, or portions of the votes cast for an office or measure, as selected by the Division. Administrative recounts ordered under this subsection shall be directed only when unanticipated circumstances at the election put the accuracy of the vote tally equipment used in the county in question. Any such recount shall be conducted in accordance with applicable procedures in ORS Chapter 258 and as stated by the Division in the order directing the recount. All recounts conducted under this rule shall be conducted by hand. Administrative recounts of tally machines ordered under this subsection shall be limited to no more than 1,000 ballots in any one county. A Division order to conduct an administrative recount shall include a procedure for counties that process ballots by batch, rather than precinct. The procedure for “batch counties” shall avoid requiring the county to conduct an administrative recount of a specific precinct. Counties that process ballots by hand will be required to conduct a hand count and a machine count of randomly selected ballots and compare the results. Notwithstanding 258.161, 258.280 and 258.290, the cost of conducting a recount under this rule shall be borne by the county in which the recount is conducted.

(3) Upon completion of the recount, and not later than 37 days after the election, the county elections official shall report on the results of the recount to the Division, together with any other information requested by the Division.

(4) A county elections official may choose to conduct an administrative recount of a selected office or measure and notify the Division of that decision in writing not later than the 30th day after the election. In this event, the Division will not direct the county to conduct an administrative recount under the procedures of this rule. If the county elections official chooses to conduct an administrative recount under this section, the results of the recount must be reported to the Division not later than the 35th day after the election.

(5) The procedures described in this rule may be implemented only if a county is not required to conduct either an automatic recount under ORS 258.280 and 258.290 or a partial or full demand recount under 258.161. In the event that a recount under either of these procedures is commenced, any administrative recount is terminated.

(6) Recounts conducted under this rule shall not be used to alter the results obtained by the official tally of ballots, unless the procedures in ORS 258.161 are followed to make a demand for recount, either by a qualified person or the county elections official.

(7) For purposes of this rule, an “administrative recount” is a hand recount of selected offices or measures by hand to verify the accuracy of the vote tally equipment. It is not intended to provide a basis for changing the outcome of the results determined by the vote tally equipment, or to substitute for the procedures in state law for the conduct of automatic or demand recounts. Persons interested in challenging the vote tallies in particular races or measures must utilize the procedures in ORS 258.161 and 258.171 in order to have the results of the recount become the official returns.

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 258.150 & HB 3291 (2021)
ELECT 5-2022, amend filed 01/14/2022, effective 01/15/2022
ELECT 8-2004, f. & cert. ef. 10-29-04

Or. Admin. R. 165-007-0280 Spanish Language Ballots

A county elections official may choose to prepare and make available an official ballot translated into Spanish for any election. If a county chooses to prepare and make available a Spanish language official ballot the following procedures must be followed:

(1) Not later than the 70th day before any election the county elections official must notify the Division in writing of the official’s decision to prepare and make ballots available in Spanish. The notice must include the method by which Spanish ballots will be made available to electors and the method by which those ballots voted and returned by the last day to receive ballots will be tallied.

(2) To guarantee consistency of translated material the county elections official must use the Secretary of State’s certified vendor for translation; and

(3) The cost of translation must be paid directly to the vendor by the county.

History

Statutory/Other Authority: ORS 246.150, ORS 254.465 & ORS 254.470
Statutes/Other Implemented: ORS 247, ORS 254 & HB 3291 (2021)
ELECT 6-2022, amend filed 01/20/2022, effective 01/21/2022
ELECT 8-2005, f. & cert. ef. 12-14-05

Or. Admin. R. 165-007-0290 Hand Count of Ballots

(1) This rule is adopted to implement hand counts of ballots counted by the vote tally system in the county at every primary, general, or special election as required by ORS 254.529.

(2) At every election (whether primary, general, or special), a county elections official shall determine whether to conduct:

(a) A hand count, as described in ORS 254.529, which shall only be required in an election where a state contest may be held regarding candidates or measures; or

(b) A risk limiting audit in the manner described in ORS 254.532.

(3) The hand count must be compared to the tally of votes produced by a vote tally system for the same ballots.

(a)The number of ballots that must be hand counted is dependent on the margin of victory between the two candidates in the same race receiving the largest number of votes in the county.

(b) The margin of victory will be determined using the unofficial results posted to the Secretary of State’s electronic reporting system for unofficial results, as of 5 p.m. the fourteenth day after the date of the election.

(c) Depending on the margin of victory, either 10%, 5% or 3% of all precincts or of ballots in ballot count batches will be hand counted.

(4) For purposes of implementing ORS 254.529 and this rule:

(a) “Margin of victory” means the percentage difference between the first and second place candidates in a given contest. For a contest for state measure the “margin of victory” is the difference between the “yes” and “no” votes.

(b) “Precinct” means any precinct with registered voters.

(5) Not later than 5 p.m. on the 15th business day after the date of the election the Secretary shall randomly select the election contests for which the county elections official is to conduct the hand count. The Secretary shall randomly draw for each county to select:

(a) An office to be voted on in the state at large and state measure contests, if available, for which ballots are to be hand counted; and

(b) The precincts or ballot count batches in which ballots are to be hand counted. The same precincts or ballot count batches will be used to conduct the hand counts on all three election contests to be hand counted.

(c) If the randomly selected office to be voted on in the state at large is the same contest in the county receiving the largest number of votes between two candidates, another office to be voted on in the state at large will be randomly selected.

(6) Once the Secretary has randomly selected the election contests and the precincts or ballot count batches in which ballots are to be hand counted, the Secretary of State will notify county elections officials. In addition to identifying the precincts or ballot batches to be hand counted, the notification will include the office to be voted on in the state at large, the state measure and the contest between the two candidates receiving the largest number of votes in the county.

(7) Not later than the 2nd business day after the date the sample is generated the Secretary of State will notify all affected candidates for selected election contests, chief petitioners or legislative sponsor of the state measure selected and any registered opponent of the measure. Notification shall be by email, or first-class mail, if an email address is unavailable.

(8) Members of the public may observe the hand count. The County Elections Official shall permit only so many observers as will not interfere with an orderly procedure.

(9) A county elections official may only begin the hand count after certification of the official results to the Secretary of State, but not later than the 27th day after the election. All hand counts for a measure must be completed no later than the 30th day after the election. Hand counts for candidate contests must be completed no later than the 35th day after the election.

(10) If a comparison of the tally of votes produced by a vote tally system with the tally of votes produced by the hand count shows that the tally of votes produced by the vote tally system differs by no more than one-half of one percent of the total votes cast in the contest, from the tally of votes produced by the hand count, the hand count is complete and the county elections official reports the results as provided in subsection (12). If the difference exceeds one-half of one percent of the total votes cast in the contest, a second hand count is conducted as provided in subsection (13).

(11) Valid votes that have been marked by the voter outside the vote targets or using a marking device that cannot be read by the vote tally system shall not be included in making the determination whether the voting system has met the standard of acceptable performance for any precinct or ballot batch under ORS 254.529(7)(a) through (c).

(12) Upon completion of the hand count, but not later than the 30th day after the election for a measure, or the 37th day after the election for candidate contests, the county elections official must submit to the Secretary of State form SEL 798 detailing any difference and providing an explanation of the difference between the hand count and the tally of votes produced by the vote tally system in the county. Over votes and under votes are excluded from the totals on the SEL 798. Valid votes referenced in (11) of this rule, are to be listed as exceptions on the SEL 798.

(13) If after the first hand count, a second hand count is required to be conducted, the county elections official must again upon completion, but not later than the 30th day after the election for a measure, or the 37th day after the election for candidate contests, submit to the Secretary of State form SEL 798 detailing any difference and providing an explanation of the difference between the hand count and the tally of votes produced by the vote tally system in the county.

(14) If the county elections official is required under ORS 254.529(7)(d) to conduct a hand count of all ballots counted by the vote tally system, the county elections official not later than the 37th day after the election must certify to the Secretary of State and any other appropriate elections official an amended abstract of votes.

History

Statutory/Other Authority: ORS 246.150, ORS 254.529 & SB 166 (2023)
Statutes/Other Implemented: ORS 254.529 & SB 166 (2023)
ELECT 19-2023, amend filed 12/28/2023, effective 01/02/2024
ELECT 35-2022, amend filed 11/07/2022, effective 11/07/2022
ELECT 8-2022, minor correction filed 01/31/2022, effective 01/31/2022
ELECT 10-2021, amend filed 12/01/2021, effective 12/02/2021
ELECT 7-2021, temporary amend filed 09/10/2021, effective 09/10/2021 through 03/08/2022
ELECT 23-2018, amend filed 10/01/2018, effective 10/01/2018
ELECT 16-2018, amend filed 08/08/2018, effective 08/08/2018
Reverted to ELECT 23-2009, f. & cert. ef. 12-31-09
ELECT 5-2016(Temp), f. & cert. ef. 11-7-16 thru 12-9-16
ELECT 23-2009, f. & cert. ef. 12-31-09
ELECT 9-2008, f. & cert. ef. 10-23-08

Or. Admin. R. 165-007-0300 Facsimile Vote Secret Ballot Waiver Form

(1) The Secretary of State designates form SEL 531, Email or Facsimile Vote Secret Ballot Waiver Form, as the form to be used by a long term absent elector who is serving in or has been discharged for not more than 30 days from the Armed Forces or the Merchant Marine when casting a ballot using electronic mail or a facsimile machine.

(2) The ballot will not be counted unless the completed SEL 531 is received in the office of the county clerk not later than 8 pm on the day of the election, accompanied by a return identification envelope, transmitted by electronic mail or facsimile, containing the signature of the elector and the signature is matched against the signature on the elector’s most current voter registration card.

(3) County clerks shall incorporate into their Security Plan, required to be filed with the Secretary of State not later than January 31st of every year, methods for ensuring the secrecy of ballots cast using electronic mail or a facsimile machine to the greatest extent possible. Acceptable methods include but are not limited to:

(a) Using a separate dedicated electronic mailbox or facsimile machine with limited staff access;

(b) Assigning a dedicated employee to monitor the electronic mailbox or facsimile machine; or

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: OL 2009 Ch. 619 (HB 2511)
ELECT 2-2012, f. & cert. ef. 1-3-12
ELECT 18-2009, f. & cert. ef. 12-4-09

Or. Admin. R. 165-007-0310 County Elections Security Plan

(1) A security plan shall be submitted to the Secretary of State Elections Division, not later than the 31st of January of each year.

(2) Approved Security Plans will be valid from March 1 of each year through the last day of February of the following year.

(3) Any revisions to the plan must be submitted to the Secretary of State Elections Division not later than one business day after the revision is made, and at least 30 days before the first election date at which the revisions are to be used.

(4) The security plan and all supporting documentation are confidential and not subject to public disclosure.

(5) All ballots must be secured from their inception into the county’s computers, through final storage. This secure process must be followed through ballot reception, verification, inspection, scanning and tally of votes.

(6) The County Elections Official must include accountability procedures for ballots during the election process.

(7) During each phase of the process the County Elections Official must maintain an audit trail for all ballots, whether voted or unused.

(8) Copies of all security agreements with outside vendors must be submitted to the Secretary of State as part of the overall security plan.

(9) Upon receipt of the county security plan the Secretary of State Elections Division shall review the plan based upon the criteria in subsection (11).

(10) In order for a county to be permitted to scan ballots upon receipt pursuant to ORS 254.478, the county’s security plan must be approved in writing by the Secretary of State Elections Division.

(11) The Security Plan must include the following components:

(a) Ballot security at the printer;

(b) Ballot storage security;

(d) Ballot security during insertion;

(e) Ballot security at dropsites;

(f) Security of voted ballots awaiting verification;

(g) Security of voted ballots verified and awaiting inspection;

(h) Security of voted ballots opened and inspected;

(i) Facsimile ballot security;

(j) Ballot tally system;

(k) Early scanning procedure (if applicable);

(l) Preventing the premature release of vote tally;

(m) Post election security; and

(n) Information about whether or not secrecy envelopes or sleeves will be used.

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 254.074, 2009 OL Ch. 592 (HB 2451) & SB 27 (2021)
ELECT 7-2022, amend filed 01/20/2022, effective 01/21/2022
ELECT 24-2009, f. & cert. ef. 12-31-09

Or. Admin. R. 165-007-0350 Oregon Voting System Certification

(1) For purposes of this rule, “voting system” means either:

(a) A “vote tally system,” as that term is defined in ORS 246.012(10); or

(b) A “voting machine,” as that term is defined in ORS 246.012(11).

(2) The Secretary of State shall certify a voting system for use in Oregon pursuant to ORS 246.550 through either of the following pathways:

(a) Certification by the U.S. Election Assistance Commission (EAC) as meeting the Voluntary Voting System Guidelines (VVSG); or

(b) Certification based on examination and testing by a federally accredited Voting System Testing Laboratory (VSTL).

(3) A person or company applying for certification of a voting system in Oregon shall submit a complete Oregon Voting System Certification Application to the Secretary of State.

(4) A complete Oregon Voting System Certification Application includes:

(a) A Form SEL 675, initiating the certification process.

(b) A VSTL Test Report prepared by a federally accredited VSTL, which must:

(A) Clearly identify the VVSG version under which the voting system was tested;

(B) Demonstrate that the scope of testing is consistent with and sufficient to evaluate compliance with the applicable VVSG version for that voting system, including all requirements relevant to the system’s architecture and functionality; and

(c) For certification under paragraph 2(b) only, a completed Oregon Voting System Requirements Matrix, developed and maintained by the Secretary of State in consultation with the Oregon Association of County Clerks Equipment Certification Committee, which:

(A) Identifies applicable Oregon-specific statutory, administrative, operational, security, accessibility, and usability requirements;

(B) Indicates whether the voting system meets each requirement; and

(C) For any requirement not met or identified by the vendor as not applicable to Oregon, provides a detailed explanation sufficient to allow meaningful evaluation.

(5) The Secretary of State, in consultation with the Oregon Association of County Clerks Equipment Certification Committee, shall review the Oregon Voting System Certification Application to determine whether the voting system satisfies the applicable requirements in ORS 246.560 and is otherwise suitable for certification in Oregon.

(6) Based on the materials submitted and the review conducted under this rule, the Secretary of State may:

(a) Certify the voting system;

(b) Certify the voting system with conditions or limitations; or

(7) If the Secretary of State certifies the voting system, with or without conditions or limitations, the Secretary shall issue a report that satisfies the requirements in ORS 256.550(3). If the Secretary of State denies certification, the Secretary shall state the reasons for denial.

(8) Certification of the voting system by the Secretary of State may occur only after a complete Oregon Voting System Certification Application has been received and the contents reviewed and assessed. The Secretary of State may require the submission of additional information to complete the review and assessment of the voting system.

(9) All costs associated with VSTL testing, preparation of the Oregon Voting System Requirements Matrix, and any additional testing or documentation required by the Secretary of State shall be paid by the person or company presenting the voting system for certification.

(10) The Oregon Voting System Certification Application, any additional information requested by the Secretary of State to complete the review and assessment of the voting system, and any documentation of the Secretary of State’s certification or denial will be posted publicly on the Secretary of State's website.

(11) Any change or modification to a certified voting system must be reported in writing to the Secretary of State and may require additional examination, testing, or recertification.

(12) This rule applies to applications for certification submitted on or after the effective date of this rule.

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 246.550 & ORS 246.560
ELECT 13-2026, amend filed 06/04/2026, effective 06/05/2026
ELECT 7-2015, f. & cert. ef. 10-29-15
ELECT 6-2015, f. & cert. ef. 8-7-15

Or. Admin. R. 165-007-0450 Risk Limiting Audit Provisions

(1) The purpose of this rule is to establish a procedure for the conduct of risk limiting audits of selected ballots following an election conducted in this state pursuant to ORS 254.532.The Secretary of State, as the chief elections officer for the State of Oregon, has the responsibility to adopt rules that the Secretary considers necessary to facilitate and assist in achieving a maximum degree of correctness, impartiality and efficiency in administration of the election laws. This rule is intended to carry out that responsibility by providing an additional mechanism for selective recounts to confirm the accuracy of the automated vote tally systems used to count ballots.

(2) The “risk limit” required by ORS 254.532(6)(a) is 0.10%.

(3) In order to ensure that no change or error in technology used to assist with the audit could result in an undetected change in the results of the audit, a county elections official may only choose to utilize risk limiting audit software that has been examined by a federally accredited voting systems testing laboratory (VSTL), and certified by the Secretary of State. The Secretary will review the laboratory report and procedures for the specific risk limiting audit software and then issue a decision on whether to certify the risk limiting audit software not later than 30 days after an application is received in the Elections Division from a county.

(4) Upon completion of the audit, and not later than the date the county certifies the results of the election to the Secretary of State, the county elections official shall publicly report on the results of the audit.

(5) The procedures described in this rule may be implemented only if a county is not required to conduct either an automatic recount under ORS 258.280 and ORS 258.290 or a partial or full demand recount under ORS 258.161. In the event that a recount under these statutes is commenced, any risk limiting audit is automatically terminated.

History

Statutory/Other Authority: ORS 246.150, ORS 254.465 & ORS 254.532
Statutes/Other Implemented: ORS 254.532, ORS 254.529 & ORS 254.535
ELECT 9-2020, adopt filed 11/12/2020, effective 11/12/2020

Or. Admin. R. 165-007-0550 Procedure for Reporting Elections Results

(1) This rule governs the procedure for announcing the status of the tally of ballots received on and after the date of the election. This rule is intended to encourage frequent reporting.

(a) Nothing in this rule shall be construed to require a county to publish unofficial elections results less frequently than the county has historically published unofficial elections results.

(b) Nothing in this rule shall be construed to prevent a county from publishing unofficial elections results more frequently than this rule specifies.

(2) For purposes of this rule, these terms are defined as follows:

(a) “Election Day” is the day of any statewide general, primary, or special election, including all special district elections. For purposes of this rule, this includes all local and statewide elections.

(b) The “Election Day Deadline” is 8 p.m. on Election Day.

(c) “Election Day Public Reports” are reports published after the Election Day Deadline and before midnight on Election Day.

(3) For all statewide elections, county elections officials shall make the reports described in this rule directly to the Elections Division through the designated website for unofficial results in addition to a county’s own public reporting, if any. For all other elections, county elections officials may use either the Elections Division designated website for unofficial results or a county’s own public reporting process. In any election in which a county elections official acts as a filing officer for a contest that spans multiple counties, that county elections official shall determine the method by which all affected county elections officials shall report the results for that contest under this rule.

(4) At least 45 days before each Election Day, county elections officials must provide to the Secretary of State Elections Division an official report of contests (including unexpired term lengths and any vote for number exceeding one), candidates and measures in the order these are to appear on the ballot. Within 24 hours of making any changes to the official county ballot, county elections officials must provide notice and an updated official report to the Elections Division.

(5) At least 30 days before each Election Day, filing county elections officials must provide notice of intent to use the Elections Division designated website for unofficial results unless the election is statewide and website use is required. County elections officials must export a test results file from the tally system and upload, or manually enter test results to the designated website for unofficial results and provide a test results report from the tally system to the Elections Division. County elections officials shall publish on their official website, and provide a web address to the Elections Division, a schedule describing when they intend to make available the reports described in this rule.

(a) The schedule shall describe the estimated reporting frequency from the Election Day Deadline to certification of results.

(b) The schedule shall include at least the minimum required reporting described in this rule and any additional reporting that counties intend to provide.

(c) In determining the schedule for reporting, county elections officials may consider their own business practices, available resources, the size of the election, and public interest.

(6) At least seven days before each Election Day, county elections officials must export final test results from the public certification test of the tally system and upload test results to the designated website for unofficial results and complete final reviews of the designated website for unofficial results.

(7) At least five days before each Election Day, county elections officials must clear all test results data from the designated website for unofficial results to confirm election night readiness.

(8) At least four days before each Election Day, the designated website for unofficial results web address becomes active.

(9) On each Election Day, county elections officials must publish results to the designated website for unofficial results after 8 p.m. and before midnight, at least once.

(10) After each Election Day, county elections officials must publish results to the designated website for unofficial results in accordance with the county reporting schedule. County elections officials may publish additional results, but current results must be published to the designated website for unofficial results within one hour of being released publicly. The designated website for unofficial results must show the final certified results totals.

(11) County elections officials shall collect all returned ballots from official drop sites as soon as possible after the Election Day Deadline. Nothing in this rule prohibits county elections officials from also collecting batches of returned ballots before the Election Day Deadline.

(a) County elections officials shall conduct initial public reporting of unofficial elections results as soon as possible after the Election Day Deadline and provide as many additional updated Election Day Public Reports thereafter as possible.

(b) County elections officials shall report at least the following minimum information in Election Day Public Reports:

(A) The number of ballots accepted at the time of the report; and

(B) Unofficial results of all contests at the time of the report.

(12) Beginning on the day after the Election Day, county elections officials shall report the minimum information described in subsection (11)(b) as frequently as possible in the schedule and method described in section (3) and (5) above.

(a) County elections officials shall make reasonable efforts to report information according to the published schedule described in section (5). If county elections officials are not able to report information at a time specified in the schedule, they shall report publicly through their official elections website with an explanation for the delay. For example, unforeseen technical, staffing, or internal resource issues may be reported as a reason for delay.

(b) In determining how often and what results to report in this section, county elections officials shall consider, in the following order of priority:

(A) The number of ballots remaining in comparison to the total county voter registration population and the overall protection of voter anonymity, and

(B) Timeliness of providing unofficial elections results to the public.

(13) In addition to required reporting in ORS 254.074(3),on a form provided by and completed to the Elections Division, elections officials shall track and report the following information to the Elections Division:

(a) Total number of ballot envelopes accepted by the reporting county after the Election Day Deadline with present and legible postmarks;

(b) Total number of ballot envelopes accepted by the reporting county after the Election Day Deadline without present and legible postmarks; and

History

Statutory/Other Authority: ORS 246.110, ORS 246.150, ORS 254.470 & ORS 254.485
Statutes/Other Implemented: ORS 254.470 & ORS 254.485
ELECT 31-2022, amend filed 09/01/2022, effective 09/02/2022
ELECT 14-2022, adopt filed 02/16/2022, effective 02/17/2022

Or. Admin. R. 165-007-2020 Timelines for the referrals to the November 3, 2020, General Election.

(1) When a document is to be filed with the Secretary of State, Elections Division under this rule, the document must be delivered to, and actually received in its entirety, in the office of the Secretary of State, Elections Division, not later than 5:00 p.m. on the designated filing deadline date.

(2) The following timeline is adopted for the legislative referral of SJR 18 and HB 2270 to the statewide General Election on November 3, 2020, as directed in SB 116:

(a) February 27, 2020: Last day for joint legislative committee to designate a person to file the explanatory statement and provide the Elections Division with the ORESTAR account user name, first and last name, and contact information for that person.

(b) March 12, 2020:

(A) Last day for joint legislative committee to file final explanatory statement with the Secretary.

(B) Last day for joint legislative committee to file final ballot title with the Secretary.

(c) March 19, 2020: Last day for an elector dissatisfied with the explanatory statement, or ballot title to petition the Oregon Supreme Court for a different explanatory statement, or ballot title.

(d) August 4, 2020: Last day for court ordered changes to ballot title, and/or explanatory statement to be filed with the Secretary, or if the Supreme Court refers the ballot title to the Attorney General for modification, it is the deadline for the Attorney General to file the modified ballot title with the Secretary of State.

(e) August 25, 2020:

(A) Last day to file measure arguments to be included in the state voters' pamphlet.

(B) Last day for Legislative Assembly to submit arguments in support of the measure, as provided in ORS 251.245.

(f) August 31, 2020: Measure arguments become available for public inspection (ORS 251.145).

(g) September 3, 2020: Secretary of State certifies the ballot to the county election officials.

History

Statutory/Other Authority: ORS 246.150, ORS 254.465 & SB 116 (2019)
Statutes/Other Implemented: SB 116 (2019), SJR 18 (2019) & HB 2270 (2019)
ELECT 1-2020, adopt filed 02/11/2020, effective 02/11/2020

Or. Admin. R. 165-007-2024 Timelines for the referrals to the November 5, 2024, General Election from the 2023 regular legislative session.

(1) When a document is to be filed with the Secretary of State, Elections Division under this rule, the document must be delivered to, and received in its entirety, in the office of the Secretary of State, Elections Division, not later than 5:00:00 p.m. on the designated filing deadline date.

(2) The following timeline is adopted for any amendment to the Oregon Constitution or if an Act of the Eighty-second Legislative Assembly, during its 2023 regular session, is referred to the people by the Legislative Assembly under Article IV, section 1 (3)(c), of the Oregon Constitution to the statewide General Election on November 5, 2024, as directed in SB 28.

(a) February 29, 2024: Last day for joint legislative committee to designate a person to file the explanatory statement and provide the Elections Division with the ORESTAR account username, first and last name, and contact information for that person.

(b) March 14, 2024:

(A) Last day for joint legislative committee to file final explanatory statement with the Secretary.

(B) Last day for joint legislative committee to file final ballot title with the Secretary.

(c) March 21, 2024: Last day for an elector dissatisfied with the explanatory statement, or ballot title to petition the Oregon Supreme Court for a different explanatory statement, or ballot title.

(d) July 30, 2024: Last day for court ordered changes to ballot title, and/or explanatory statement to be filed with the Secretary.

(e) August 6, 2024: Last day for the Attorney General to file the modified ballot title with the Secretary of State if the Supreme Court refers the ballot title to the Attorney General for modification.

(f) August 27, 2024:

(A) Last day to file measure arguments to be included in the state voters' pamphlet.

(B) Last day for Legislative Assembly to submit arguments in support of the measure, as provided in ORS 251.245.

(g) September 3, 2024: Measure arguments become available for public inspection (ORS 251.145).

(h) September 5, 2024: Secretary of State certifies the ballot to the county election officials (ORS 254.085).

History

Statutory/Other Authority: SB 28 (2023), ORS 246.150 & ORS 254.465
Statutes/Other Implemented: SB 28 (2023)
ELECT 17-2023, adopt filed 11/29/2023, effective 11/30/2023

Division 8 REAPPORTIONMENT

Or. Admin. R. 165-008-0000 Purpose

(1) The purpose of OAR 165-008-0000 to 165-008-0060 is to provide by rule procedures in the event that the Secretary of State is required to prepare a reapportionment plan as provided in Section 6, Article IV of the Oregon Constitution.

(2) These rules establish timelines, hearing procedures and guidelines for evaluation of the constitutional and statutory criteria governing reapportionment.

History

Statutory/Other Authority: ORS 188.015
Statutes/Other Implemented: ORS 188.015
ELECT 5-2021, temporary amend filed 08/12/2021, effective 09/27/2021 through 02/09/2022
ELECT 37-1990, f. & cert. ef. 10-18-90

Or. Admin. R. 165-008-0010 Schedule if Legislature Does Not Complete Reapportionment by July 1

(1) Subsection (3) of Section 6, Article IV of the Oregon Constitution requires the Secretary of State to make the reapportionment if the legislature fails to enact a reapportionment by July 1 of the year following a federal census.

(2) In this event, the Secretary of State will follow this schedule:

(a) July 16 — Publish a draft reapportionment plan; distribute to the public;

(b) July 16–August 3 — Accept written comments from the public;

(d) August 4–15 — Complete transcription of hearing or hearings. Review "evidence, views and argument" submitted by the public. Prepare reapportionment plan;

(e) August 15 — Submit reapportionment plan, together with transcript and evidence, to the Supreme Court.

History

Statutory/Other Authority: ORS 188.015
Statutes/Other Implemented: ORS 188.015
ELECT 5-2021, temporary amend filed 08/12/2021, effective 09/27/2021 through 02/09/2022
ELECT 17-2001, f. & cert. ef. 7-3-01
ELECT 12-2001, f. & cert. ef. 5-7-01
ELECT 37-1990, f. & cert. ef. 10-18-90

Or. Admin. R. 165-008-0020 Schedule if Legislature’s Reapportionment Is Not Approved by the Supreme Court and the Secretary of State Is Directed to Draft a Reapportionment

(1) Subsection (2) of Section 6, Article IV of the Oregon Constitution requires the Secretary of State to draft a reapportionment when the Oregon Supreme Court determines that the reapportionment prepared by the legislature is deficient. The Supreme Court will "specify with particularity wherein the reapportionment fails to comply" and will direct the Secretary of State to draft a reapportionment which does comply with the constitution and applicable laws.

(2) In this event, the Secretary of State will follow this schedule:

(a) On or before September 15 — Supreme Court files order with Secretary of State directing preparation of a reapportionment;

(b) October 1 — Publish a corrected reapportionment plan; distribute to public;

(d) October 8–19 — Conduct one or more public hearings at locations to be announced. The hearing or hearings shall be held in areas where the districts proposed by the legislature have been found insufficient by the Supreme Court. The Secretary of State may also, at the Secretary's discretion, hold hearings in other areas of the state if the Secretary determines additional hearings are needed to allow the public to participate;

(e) October 20–31 — Complete transcription of hearing or hearings. Review "evidence, views and argument" submitted by the public. Prepare reapportionment plan;

(f) November 1 — Submit corrected reapportionment plan, together with transcript and evidence, to the Supreme Court.

History

Statutory/Other Authority: ORS 188.015
Statutes/Other Implemented: ORS 188.015
ELECT 5-2021, temporary amend filed 08/12/2021, effective 09/27/2021 through 02/09/2022
ELECT 12-2001, f. & cert. ef. 5-7-01
ELECT 37-1990, f. & cert. ef. 10-18-90

Or. Admin. R. 165-008-0030 Conduct of Public Hearings

If the Secretary of State is required to hold a hearing pursuant to either subsection (2) or (3) of Section 6, Article IV of the Oregon Constitution, the following shall apply:

(1) The Secretary of State, or the Secretary’s designee will be the presiding officer at the hearing.

(2) Persons wishing to testify must provide their name and address at the beginning of the hearing.

(3) Each person may testify only once, even if there are multiple hearings. A person who testified at one hearing may be denied an opportunity to testify again at another hearing.

(4) Each person may speak for no more than five minutes.

History

Statutory/Other Authority: ORS 188.015
Statutes/Other Implemented: ORS 188.015
ELECT 5-2021, temporary amend filed 08/12/2021, effective 09/27/2021 through 02/09/2022
ELECT 12-2001, f. & cert. ef. 5-7-01
ELECT 37-1990, f. & cert. ef. 10-18-90

Or. Admin. R. 165-008-0040 Submission of Evidence or Argument

(1) Persons may submit written evidence in the forms permitted by this section within the time permitted under OAR 165-008-0010 or 165-008-0020. If the written evidence is not submitted into the record at a hearing, it shall be delivered in person or mailed to and received by the office of the Secretary of State, Room 136, State Capitol, Salem, OR 97310. No evidence will be accepted after the last date specified in 165-008-0010 or 165-008-0020.

(2) In addition to evidentiary materials, any person may submit their views or argument concerning the apportionment within the same time limits provided for submission of evidence.

(3) Written evidence may consist of written text, charts, maps, photographs, audio and/or video tape records or similar materials. All evidence submitted will become part of the record and will not be returned.

History

Statutory/Other Authority: ORS 188.015
Statutes/Other Implemented: ORS 188.015
ELECT 5-2021, temporary amend filed 08/12/2021, effective 09/27/2021 through 02/09/2022
Reverted to ELECT 37-1990, f. & cert. ef. 10-18-90
ELECT 18-2001(Temp), f. & cert. ef. 8-2-01 thru 8-3-01
ELECT 37-1990, f. & cert. ef. 10-18-90

Or. Admin. R. 165-008-0050 Limits on Submission of Evidence, Views and Arguments

Persons testifying in person at a public hearing or through submission of written evidence, views and argument shall limit their comments to addressing the criteria for reapportionment in Section 6, Article IV of the Oregon Constitution, ORS 186.010 and other applicable law. The person should identify the particular district or districts of concern, discuss how the proposed reapportionment does or does not meet the criteria and describe, if possible, what reapportionment plan would better meet the criteria.

History

Statutory/Other Authority: ORS 188.015
Statutes/Other Implemented: ORS 188.015
ELECT 5-2021, temporary amend filed 08/12/2021, effective 09/27/2021 through 02/09/2022
ELECT 37-1990, f. & cert. ef. 10-18-90

Or. Admin. R. 165-008-0060 Criteria for Reapportionment

(1) In developing a reapportionment plan, the Secretary of State will comply with Section 6, Article IV of the Oregon Constitution, ORS 188.010 and any federal law which imposes requirements in addition to those imposed by the Oregon constitution and statutes.

(2) Compliance with the criteria of ORS 188.010(1) shall be to the maximum extent practicable. The following interpretations will be made of specific criteria:

(a) “Utilize existing geographic or political boundaries.” When possible, districts will be drawn to utilize county lines and to maintain cities within a single district;

(b) “Not divide communities of common interest.” Where urban neighborhoods, rural communities or other communities can be identified, an effort will be made to retain that community within a single district. Consideration will be given to market areas covered by local media;

(c) “Be connected by transportation links.” Road connections of at least a county road should be available within the district from one area of the district to another. This does not apply to unpopulated areas of the district.

History

Statutory/Other Authority: ORS 188.015
Statutes/Other Implemented: ORS 188.015
ELECT 5-2021, temporary amend filed 08/12/2021, effective 09/27/2021 through 02/09/2022
ELECT 37-1990, f. & cert. ef. 10-18-90

Or. Admin. R. 165-008-0150 Mass Transit District Reapportionment Process

(1) The purpose of this rule is to establish the procedure by which the Secretary of State will divide mass transit districts into subdistricts, pursuant to ORS 267.090. The Secretary of State, as the chief elections officer for the State of Oregon, has the responsibility to adopt rules that the Secretary considers necessary to facilitate and assist in achieving a maximum degree of correctness, impartiality and efficiency in administration of the election laws. This rule is intended to carry out the Secretary’s responsibilities by describing the process applicable to the redistricting of mass transit districts. Under the Secretary of State’s authority, this process requires significant engagement by the affected transit districts.

(2) As used in this rule, “mass transit district” means a mass transit district established under ORS 267.010 to 267.394.

(3) A mass transit district must submit to the Secretary of State’s office a map, containing proposed subdistricts, that:

(a) Complies with the Oregon and United States Constitutions;

(b) Complies with Oregon statutory law, including ORS 267.090(2);

(A) Is contiguous;

(B) Is of equal population;

(D) Do not divide communities of interest; and

(E) Is connected by transportation links;

(d) Is consistent with the diversity, equity and inclusion and accessibility values of the Secretary of State, as outlined in the agency’s mission, vision, and values.

(4) Each mass transit district must engage the public in drafting a proposed map. Each district must develop a written description of the district’s public engagement process and provide the description to the Secretary of State.

(5) The proposed map and description of the public engagement process must be submitted to the Secretary of State no later than May 16 of the even-numbered year following legislative reapportionment.

(6) The Secretary of State will review proposed maps for compliance with the requirements contained in this rule.

(a) If the Secretary of State determines that a proposed map complies with the requirements of this rule and that the mass transit district conducted an appropriate public engagement process, the Secretary of State will approve the map and divide the mass transit subdistricts accordingly.

(b) If the Secretary of State does not make the determinations described in subsection (6)(a) of this rule, the Secretary of State may provide further instruction and guidance to the mass transit district and request that the district resubmit a map with changes identified by the Secretary.

(7) Notwithstanding any other provision of this rule, the Secretary of State reserves the right to decline to adopt a proposed map submitted by a mass transit district and to divide the districts into subdistricts in a manner consistent with subsection (3) of this rule.

History

Statutory/Other Authority: ORS 246.150 & ORS 267.090 (2)
Statutes/Other Implemented: ORS 267.090 (2)
ELECT 10-2022, adopt filed 02/01/2022, effective 02/02/2022

Division 10 CANDIDATES AND POLITICAL PARTIES

Or. Admin. R. 165-010-0005 Designating the Candidate and Political Party Manuals and Forms

(1) The Secretary of State designates the State Candidate Manual revised 11/2025 and associated forms as the procedures and forms to be used by candidates filing and running for a federal or state office as that term is defined in ORS 249.002(10).

(2) The Secretary of State designates the County, City, and District Candidate Manual revised 11/2025 and associated forms as the procedures and forms to be used by candidates filing and running for elected office in a county, city, or district.

(3) The Secretary of State designates the Political Party Manual revised 11/2025 and associated forms as the procedures and forms to be used to form a minor political party and nominate candidates for elective office. This manual also includes information on qualifying as a major political party and a party's obligation to file organizational documents.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 248.008, ORS 249.031, ORS 249.190, ORS 249.200, ORS 249.009, ORS 249.205, ORS 249.720, ORS 249.722, ORS 249.842, ORS 251.012, ORS 251.014, ORS 260.345, ORS 246.150, ORS 251.065, ORS 251.255, ORS 254.548, HB 4019 (2024), ORS 249.021 & HB 4024 (2024)
Statutes/Other Implemented: ORS 248.008, ORS 249.009, ORS 249.215, ORS 249.037, ORS 249.046, ORS 249.170, ORS 249.180, Oregon Constitution, Article IV, Section 15, ORS 249.740, ORS 249.865, ORS 249.875, ORS 248.015, ORS 248.023, ORS 254.548, ORS 255.295, ORS 255.345, Electoral Count Reform and Presidential Transition Improvement Act, HB 4019 (2024), ORS 248.370, ORS 249.021, ORS 249.002, ORS 248.017, HB 4024 (2024), HB 3908 (2025), SB 166 (2025) & SB 952 (2025)
ELECT 11-2025, amend filed 11/18/2025, effective 11/19/2025
ELECT 3-2025, temporary amend filed 08/12/2025, effective 08/13/2025 through 02/06/2026
ELECT 22-2024, amend filed 12/20/2024, effective 12/21/2024
ELECT 16-2024, temporary amend filed 07/18/2024, effective 07/19/2024 through 01/14/2025
ELECT 1-2024, amend filed 01/02/2024, effective 01/03/2024
ELECT 16-2023, temporary amend filed 09/08/2023, effective 09/08/2023 through 02/03/2024
ELECT 12-2023, temporary amend filed 08/08/2023, effective 08/08/2023 through 02/03/2024
ELECT 20-2022, amend filed 07/27/2022, effective 07/28/2022
ELECT 17-2022, temporary amend filed 05/16/2022, effective 05/17/2022 through 11/09/2022
ELECT 16-2022, temporary amend filed 05/13/2022, effective 05/14/2022 through 11/09/2022
ELECT 1-2022, amend filed 01/13/2022, effective 01/14/2022
ELECT 11-2021, temporary amend filed 12/22/2021, effective 12/22/2021 through 03/07/2022
ELECT 6-2021, temporary amend filed 09/09/2021, effective 09/09/2021 through 03/07/2022
ELECT 3-2020, amend filed 02/26/2020, effective 02/26/2020
ELECT 6-2019, temporary amend filed 09/25/2019, effective 09/25/2019 through 03/21/2020
ELECT 13-2018, amend filed 08/01/2018, effective 08/01/2018
ELECT 2-2018, amend filed 01/02/2018, effective 01/02/2018
ELECT 2-2016, f. & cert. ef. 7-6-16
ELECT 11-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 6-2014, f. & cert. ef. 1-2-14
ELECT 4-2012, f. & cert. ef. 1-3-12
Reverted to ELECT 1-2011, f. & cert. ef. 2-4-11
ELECT 16-2011(Temp), f. & cert. ef. 8-16-11 thru 12-31-11
ELECT 1-2011, f. & cert. ef. 2-4-11
ELECT 25-2009, f. & cert. ef. 12-31-09
ELECT 11-2007, f. & cert. ef. 12-31-07
ELECT 9-2005, f. & cert. ef. 12-14-05
Reverted to ELECT 18-2003, f. & cert. ef. 12-5-03
ELECT 2-2004(Temp), f. & cert. ef. 4-9-04 thru 10-6-04
ELECT 18-2003, f. & cert. ef. 12-5-03
ELECT 3-2002, f. & cert. ef. 3-13-02
ELECT 10-1999, f. & cert. ef. 10-18-99
ELECT 6-1998, f. & cert. ef. 5-8-98
ELECT 3-1998, f. & cert. ef. 2-11-98
ELECT 8-1997, f. & cert. ef. 10-3-97
ELECT 1-1996, f. & cert. ef. 1-3-96
ELECT 33-1993, f. & cert. ef. 11-1-93
ELECT 32-1992, f. & cert. ef. 10-8-92
Reverted to SD 5-1986, f. & ef. 2-26-86
ELECT 9-1992(Temp), f. & cert. ef. 4-9-92
SD 5-1986, f. & ef. 2-26-86
SD 31-1983, f. & ef. 12-20-83
SD 35-1980, f. & ef. 3-6-80

Or. Admin. R. 165-010-0011 Candidate Filing Eligibility Verification and Posting Requirements

(1) This rule establishes uniform procedures for receiving, public posting, and disclosure of documents described in ORS 249.006 by county and city election officials, and provides provisions for redacting candidate residence information consistent with law.

(2) Definitions:

(a) “Election document” means a document described in ORS 249.006(1). Nominating petition signature sheets are not subject to the provisions of this rule pursuant to ORS 250.027.

(b) “Elections official” means a county clerk as defined in ORS 246.012 or a city elections officer responsible for receiving election documents.

(c) “Residence address exemption” means the exemption indicated on an election document and completed by filing form SEL 180 Residence Address Exemption Request, as provided in Oregon Administrative Rule (OAR) 165-010-0012 and ORS 249.021.

(d) “Public posting” means making information on election documents available on a county or city elections website.

(e) “Business day” means a day other than Saturday, Sunday, or a legal holiday.

(3)(a) Upon receipt of an election document indicating that the candidate completed a residence address exemption, the election official must verify that a sufficient SEL 180 form has been filed.

(b) If the residence address exemption has not been filed or is insufficient, the elections official must contact the candidate within two business days of receipt of the election document and notify them that if the residence address exemption is not received by the election official’s deadline for publicly posting the election document under section (5)(b) of this rule, the election document will be posted unredacted until a sufficient residence address exemption is received and processed.

(c) If a sufficient residence address exemption has been filed, the elections official must redact the candidate’s residence address from the election document before publicly posting the document.

(d) The original, unredacted document displaying the residence address must be retained in a secure file consistent with the elections official’s retention schedule.

(4)(a) The elections official must verify that each candidate meets qualifications for the office sought. Qualification verification must occur promptly upon receipt of the election document and prior to public posting.

(b) If the candidate is determined to be ineligible, the elections official must notify the candidate in writing of the determination and if applicable, include information about how to obtain eligibility.

(c) Documentation relied on to make the eligibility verification determination must be retained consistent with the elections official’s retention schedule.

(5)(a) Not later than five business days after a complete and sufficient election document is filed, the elections official must publicly post the candidate’s name and the office sought.

(b) Not later than two business days after making a determination under section 4 of this rule, the elections official must publicly post a copy of the election document.

(c) If, after publicly posting the candidate’s name and office sought, the elections official determines the candidate does not meet the eligibility requirements for the office sought as determined by the elections official under section 4 of this administrative rule, the elections official may either:

(A) Include the words “Does not meet eligibility qualifications” next to the candidate’s name and office sought; or

(B) Remove the candidate’s name and office sought from the website.

(d) If the elections official receives an election document that is a withdrawal of candidacy, the elections official must post a copy of that election document no later than two business days after a complete and sufficient withdrawal form is filed. The elections official shall:

(A) Include the words “Withdrawn” next to the candidate’s name and office sought.

(B) The original election document posted under section (5)(b) of this rule should be replaced with the withdrawal of candidacy.

(C) If a sufficient residence address exemption has been filed, the elections official must redact the candidate’s residence address from the election document before publicly posting the document.

(e) Copies of election documents required to be publicly posted under this rule must remain publicly posted and available to the public until the results of the election have been certified by the applicable elections official. However, an elections official may choose to continue to publicly post the election document after the results of the election have been certified.

(6)(a) The timelines and fee provisions for fulfilling requests under ORS 249.006 are applicable from the time the election document is filed until the results of the election have been certified.

(b) An election document is otherwise subject to inspection as a public record in accordance with the provisions of ORS chapter 192 and ORS 249.021.

History

Statutory/Other Authority: ORS 246.150 & ORS 249.021
Statutes/Other Implemented: ORS 249.006, ORS 249.021, SB 580 (2025), ORS 249.008, ORS 250.027 & OAR 165-014-0110
ELECT 4-2026, adopt filed 02/17/2026, effective 02/17/2026
ELECT 9-2025, temporary adopt filed 09/11/2025, effective 09/11/2025 through 03/09/2026

Or. Admin. R. 165-010-0012 Candidate and Public Office Holder Residence Address Exemption

(1) This rule establishes uniform procedures for candidates and public office holders to request exemption of their residence address from publicly accessible versions of a nominating petition, declaration of candidacy, certificates of nomination, and lists of electors pursuant to ORS 249.021. This rule also defines the responsibilities of elections filing officers in processing exemption requests.

(2) Definitions:

(a) “Appropriate filing officer” means:

(A) For a candidate for state office, the Secretary of State, Elections Division;

(B) For a candidate for county office, the County Clerk;

(D) For a candidate for a special district office, the County Clerk of the county where the district’s administrative office is located;

(E) For a candidate for a Soil and Water Conservation District (SWCD) office, the Oregon Department of Agriculture (ODA).

(b) “Candidate” means an individual whose name is printed or expected to be printed on a ballot, for whom a declaration of candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is expected to be or has been presented, with the individual’s consent, for nomination or election to public office.

(d) “List of electors” means a list prepared and delivered under ORS 247.940 or ORS 247.945.

(e) “Public office holder” means a person elected to public office and currently serving in that office.

(f) “Publicly accessible document” means any nominating petition, declaration of candidacy, certificate of nomination, or list of electors that may be viewed, copied, or publicly posted, or otherwise distributed proactively without having first received a public records request.

(3) A candidate or public office holder wishing to exempt their residence address from publicly accessible documents pursuant to ORS 249.021 must submit form SEL 180 Residence Address Exemption Request, and provide:

(a) an alternative mailing address for use in election records and lists of electors;

(b) the county in which they are registered to vote.

(4) Upon receipt of form SEL 180:

(a) The Secretary of State, as the filing officer pursuant to ORS 249.021(5), must:

(A) Confirm that an alternative mailing address that is different than the residence address is provided. If an alternative mailing address is not provided, the Elections Division will contact the candidate or public office holder to inform them that the form is insufficient, and the exemption cannot be applied until a sufficient SEL 180 form is received.

(B) Forward the sufficient and completed SEL 180 form to the county clerk and the appropriate filing officer, unless the appropriate filing officer is the Secretary of State, in which case the form shall only be forwarded to the county clerk.

(b) The appropriate filing officer, pursuant to ORS 249.021(1)(b) and (2)(b), must:

(A) Redact the candidate or public office holder’s residence address from publicly accessible documents.

(B) Remove redactions on publicly accessible documents upon receiving a written request from the candidate or public office holder, or when the exemption expires pursuant to the provisions of ORS 249.021.

(C) Notify the Secretary of State and the county clerk of the county in which the candidate or public office holder is registered to vote when an exemption expires, unless the appropriate filing officer is one and the same, in which case no separate notice is required.

(D) Make reasonable efforts to notify the candidate or public office holder of the expiration when an exemption expires pursuant to the provisions of ORS 249.021.

(c) The county clerk, pursuant to ORS 249.021(1)(b) and (2)(b), must apply and maintain the following changes to the candidate or public office holder’s voter registration record:

(A) Add the alternative mailing address to the voter registration record.

(B) Mark the voter registration record confidential.

(D) Remove confidential indicators from the voter registration record upon receiving a written request from the candidate or public office holder, or upon receiving written notice that the exemption has expired under ORS 249.021.

(5) If the SEL 180 form is received by paper, the receiving filing officer must:

(a) Confirm that an alternative mailing address that is different than the residence address is provided. If an alternative mailing address is not provided, contact the candidate or public office holder to inform them that the form is insufficient and the exemption cannot be applied until a sufficient SEL 180 form is received.

(b) Scan and email an unredacted copy of the completed SEL 180 to the Secretary of State, Elections Division and county clerk for the county in which the candidate or public office holder is registered to vote based on the information provided on the form.

(c) Provide an Acknowledgement Receipt. The language to be included in the Acknowledgement Receipt is included in this rule as an attachment.

(d) Redact the candidate or public office holder’s residence address from publicly accessible documents.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 246.150 & ORS 249.021
Statutes/Other Implemented: ORS 249.021, ORS 247.948, ORS 247.945, ORS 249.031, ORS 249.720 & ORS 255.235
ELECT 11-2026, minor correction filed 03/13/2026, effective 03/13/2026
ELECT 10-2026, adopt filed 03/09/2026, effective 03/10/2026
ELECT 10-2025, temporary adopt filed 09/12/2025, effective 09/12/2025 through 03/10/2026

Or. Admin. R. 165-010-0060 Procedure for Conduct of Meeting to Fill Vacancy in Legislative Assembly

The following procedures govern the conduct of a meeting of a county court or board of commissioners (hereafter, county governing body(ies)) to fill a vacancy in the Legislative Assembly. These meeting procedures apply to appointments made under either ORS 171.060(1) (vacancy to be filled by nominee affiliated with a major political party) or ORS 171.060(2) (vacancy need not be filled by member of a particular major political party).

(1) A meeting of the members of the county governing body(ies) shall convene at the time designated by the Secretary of State. If the legislative district includes more than one county, the Secretary of State shall also name the temporary chairperson for the meeting and designate its location, which shall be within the legislative district. The Secretary of State shall also notify the county governing body(ies) of the nominees and of the number of votes apportioned to each member of the county governing body(ies) under ORS 171.062 and 171.064.

(2) The chairperson conducting the meeting shall open the meeting at the time designated by the Secretary of State. The chairperson shall announce that the purpose of the meeting is to appoint a person to fill the vacancy in the Legislative Assembly. If applicable, the appointment will be made from the list of nominees from the major political party as furnished by the Secretary of State.

(3) Members of the county governing body eligible to vote on the selection are those physically or electronically present at the meeting, who are currently holding office by election or appointment.

(4) The county governing body(ies), in making its determination, may allot time for interviewing nominees or applicants and for other pertinent deliberations prior to voting.

(5) The vote shall be taken in a manner specified by a majority of those present and eligible to vote on the selection. The person receiving the highest number of votes shall be the appointee. However, in any case, the vote of each member of the governing body(ies) shall be recorded and included in the written statement required by ORS 171.060(3).

(6) The Secretary of State hereby adopts form SEL 145, Statement of Nominee’s Willingness to Serve, as the form to be used to accept a nomination to fill a legislative vacancy.

History

Statutory/Other Authority: ORS 171.051, 171.060 & 249.200
Statutes/Other Implemented: ORS 171.060(1)
ELECT 13-2018, amend filed 08/01/2018, effective 08/01/2018
ELECT 4-2012, f. & cert. ef. 1-3-12
ELECT 18-2003, f. & cert. ef. 12-5-03
ELECT 10-1999, f. & cert. ef. 10-18-99
ELECT 7-1993, f. & cert. ef. 2-16-93

Or. Admin. R. 165-010-0070 Filling Vacancy in Nomination of Major Political Party

(1) The purpose of this rule is to specify the period following a vacancy within which a major political party must notify the filing officer of the name of the new nominee.

(2) The Secretary of State hereby specifies that the deadline for notifying the filing officer of the name of the new nominee, where there is a vacancy in nomination of a major political party office from the primary election, is the 70th day before the general election, except that the deadline is the 62nd day before the general election if the vacancy occurs after the 84th day before the general election.

History

Statutory/Other Authority: ORS 249.190
Statutes/Other Implemented: ORS 249.190
ELECT 13-2018, amend filed 08/01/2018, effective 08/01/2018
ELECT 14-1996, f. & cert. ef. 12-19-96
ELECT 14-1994(Temp), f. & cert. ef. 7-22-94
ELECT 40-1992, f. & cert. ef. 12-17-92
ELECT 17-1992(Temp), f. & cert. ef. 6-29-92

Or. Admin. R. 165-010-0090 Order of Candidate Names on the Ballot

(1) The purpose of this rule is to establish the procedure for determining the order in which candidate names will appear on the ballot.

(2) The Secretary of State shall provide to the county clerk a random ordering of the letters of the alphabet. The county clerk shall place each candidate's name on the ballot in the order that the first letter of the candidate's last name appears on the random order alphabet. For candidates whose last names begin with the same letter of the alphabet, the following procedure shall be followed:

(a) For candidates whose last names begin with the same letter, the order of placement of these names (within the order allocated to the first letter of the last name) shall be determined according to the second letter of the last name. The county clerk shall place the candidates' names in the order the second letter appears on the randomly ordered alphabet. If both the first two letters are the same, the procedure shall be followed for the third and following letters in the surname;

(b) If two or more surnames are identical, the order of placement of these names (within the allocated order) shall be according to the first letter of the first name of the candidates. If the first letter of the first name is identical the ordering shall be based on the second letter of the first name. If both the first two letters of the first name are identical, the same procedure is followed for the third and subsequent letters of the first name;

(c) If two or more candidates have identical last and first names, the order of names will be according to the letters of the middle name in a like manner.

History

Statutory/Other Authority: ORS 246.150 & 254.155
Statutes/Other Implemented: ORS 245.155
ELECT 18-2003, f. & cert. ef. 12-5-03
ELECT 4-1994, f. & cert. ef. 3-31-94

Or. Admin. R. 165-010-0110 Filling Vacancy in Nomination to Nonpartisan Office or Vacancy in Nonpartisan Office

(1) The purpose of this rule is to specify the period within which a candidate for a nonpartisan office may file a declaration of candidacy or nominating petition. This rule applies when the only candidate nominated to a nonpartisan office dies, withdraws or becomes ineligible, or if a vacancy occurs in the nonpartisan office after the 70th day before the nominating election and on or before the 62nd day before the general election.

(2) If the vacancy in nomination or vacancy in nonpartisan office occurs between the 70th day before the nominating election and the 80th day before the general election, a declaration of candidacy or nominating petition, for nonpartisan office, may be filed no sooner than 5 business days after the vacancy occurs and no later than the 70th day before the general election.

(3) If the vacancy in nomination or vacancy in nonpartisan office occurs after the 80th day before the general election, but on or before the 62nd day before the election the deadline for filing nominating petitions or declarations of candidacy will be specified in a separate rule for that vacancy.

History

Statutory/Other Authority: ORS 246.150 & 249.205
Statutes/Other Implemented: ORS 249.205
ELECT 7-2008, f. & cert. ef. 8-12-08
ELECT 5-2004, f. & cert. ef. 6-11-04

Or. Admin. R. 165-010-9901 Temporary rule language in effect until 02/12/2027. Filing Deadline for Certain Nonpartisan Vacancies Occurring Before the 2026 General Election

(1) The purpose of this rule is to establish filing deadlines under ORS 249.205 for declarations of candidacy when a vacancy occurs in a nonpartisan office after the 80th day but on or before the 62nd day before the November 3, 2026, General Election.

(2) A declaration of candidacy under this rule must be filed with the Secretary of State according to the following schedule:

(a) For a vacancy occurring after August 15, 2026, but before August 25, 2026, no later than 5:00 p.m. on August 25, 2026.

(b) For a vacancy occurring on or after August 25, 2026, but before September 2, 2026, no later than 5:00 p.m. on September 2, 2026.

History

Statutory/Other Authority: ORS 246.150 & ORS 249.205
Statutes/Other Implemented: ORS 249.205
ELECT 15-2026, temporary adopt filed 08/17/2026, effective 08/17/2026 through 02/12/2027

Or. Admin. R. 165-010-9902 Temporary rule language in effect until 02/12/2027. Filing Deadline for Certain Nonpartisan Vacancies Occurring Before the 2026 General Election - Local Filing Officer

(2) A declaration of candidacy under this rule must be filed with the appropriate local filing officer according to the following schedule:

(a) For a vacancy occurring after August 15, 2026, but before August 25, 2026, no later than 5:00 p.m. on August 25, 2026.

(b) For a vacancy occurring on or after August 25, 2026, but before September 2, 2026, no later than 5:00 p.m. on September 2, 2026.

History

Statutory/Other Authority: ORS 246.150 & ORS 249.205
Statutes/Other Implemented: ORS 249.205
ELECT 16-2026, temporary adopt filed 08/18/2026, effective 08/18/2026 through 02/12/2027

Division 12 CAMPAIGN FINANCE REGULATIONS

Or. Admin. R. 165-012-0005 Designating the Campaign Finance Manual and Forms

The Secretary of State designates the Campaign Finance Manual revised 01/2025 and associated forms as the procedures and forms to be used for compliance with Oregon campaign finance regulations.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 246.150, ORS 260.156, ORS 260.200, ORS 260.044, ORS 260.046, ORS 260.049, ORS 260.057, ORS 260.083, ORS 260.095, ORS 260.118 & SB 1538 (2024)
Statutes/Other Implemented: ORS 260.044, ORS 260.046, ORS 260.049, ORS 260.057, ORS 260.083, ORS 260.118, ORS 260.005, ORS 260.007, ORS 260.035, ORS 260.037, ORS 260.038, ORS 260.039, ORS 260.041, ORS 260.042, ORS 260.043, ORS 260.054, ORS 260.055, ORS 260.056, ORS 260.076, ORS 260.078, ORS 260.085, ORS 260.102, ORS 260.112, ORS 260.145, ORS 260.232, ORS 260.995, ORS 260.064, ORS 260.052, ORS 260.095, ORS 260.011, ORS 260.402, ORS 260.407, ORS 260.409, SB 1538 (2024) & ORS 260.012
ELECT 28-2024, amend filed 12/30/2024, effective 01/01/2025
ELECT 10-2024, amend filed 07/03/2024, effective 07/05/2024
ELECT 8-2024, temporary amend filed 04/05/2024, effective 04/05/2024 through 10/01/2024
ELECT 5-2024, amend filed 01/30/2024, effective 02/01/2024
ELECT 14-2023, temporary amend filed 08/30/2023, effective 08/31/2023 through 02/26/2024
ELECT 9-2022, amend filed 01/31/2022, effective 02/01/2022
ELECT 4-2020, amend filed 03/02/2020, effective 03/02/2020
ELECT 5-2019, temporary amend filed 09/04/2019, effective 09/04/2019 through 03/01/2020
ELECT 19-2018, amend filed 08/14/2018, effective 08/14/2018
ELECT 3-2018, amend filed 01/02/2018, effective 01/02/2018
ELECT 1-2017, f. & cert. ef. 4-7-17
ELECT 2-2016, f. & cert. ef. 7-6-16
ELECT 14-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 2-2-14, f. & cert. ef. 1-2-14
ELECT 5-2012, f. & cert. ef. 1-3-12
ELECT 21-2011(Temp), f. & cert. ef. 9-30-11 thru 12-30-11
ELECT 12-2011, f. & cert. ef. 7-12-11
ELECT 8-2011, f. & cert. ef. 4-8-11
ELECT 3-2010, f. & cert. ef. 4-22-10
ELECT 27-2009, f. & cert. ef. 12-31-09
ELECT 16-2009, f. & cert. ef. 7-30-09
ELECT 8-2009, f. & cert. ef. 5-4-09
ELECT 13-2007, f. & cert. ef. 12-31-07
ELECT 4-2007(Temp), f. & cert. ef. 7-16-07 thru 12-31-07
ELECT 2-2007(Temp), f. & cert. ef. 5-2-07 thru 10-29-07
ELECT 1-2007, f. & cert. ef. 1-5-07
ELECT 13-2005, f. & cert. ef. 12-30-05
ELECT 23-2003, f. & cert. ef. 12-12-03
ELECT 3-2002, f. & cert. ef. 3-13-02
ELECT 1-2000, f. & cert. ef. 1-3-00
ELECT 3-1999, f. & cert. ef. 3-1-99
ELECT 2-1999(Temp), f. & cert. ef. 1-15-99 thru 7-14-99
ELECT 13-1998(Temp), f. & cert. ef. 12-15-98 thru 6-13-99
ELECT 9-1998, f. & cert. ef. 9-11-98
ELECT 8-1998, f. & cert. ef. 6-2-98
ELECT 5-1998, f. & cert. ef. 2-26-98
ELECT 15-1997, f. & cert. ef. 12-31-97
ELECT 6-1997(Temp), f. & cert. ef. 4-18-97
ELECT 5-1997, f. & cert. ef. 3-24-97
ELECT 9-1996, f. & cert. ef. 7-26-96
ELECT 15-1995, f. & cert. ef. 12-18-95
ELECT 1-1995(Temp), f. & cert. ef. 2-23-95
ELECT 34-1993, f. & cert. ef. 11-1-93
ELECT 37-1992, f. & cert. ef. 12-15-92
ELECT 14-1992 (Temp), f. & cert. ef. 6-10-92
ELECT 19-1990, f. & cert. ef. 6-4-90
ELECT 22-1989(Temp), f. & cert. ef. 11-9-89
ELECT 32-1988(Temp), f. & cert. ef. 8-26-88
SD 3-1986, f. & cert. ef. 2-26-86
SD 28-1983, f. & cert. ef. 12-20-83
SD 34-1980, f. & cert. ef. 3-6-80
SD 120, f. & cert. ef. 12-21-77
SD 101, f. & cert. ef. 12-3-75

Or. Admin. R. 165-012-0050 Contribution of Polls, Allocation of Polling Expenses

(1) The purpose of this rule is to establish procedures for reporting the contribution of poll results, the allocation of polling expenses, the valuation of poll results, and the reporting of in-kind contributions of poll results.

(2) This rule does not apply to:

(a) Individuals mentioned in a poll who are not candidates; and

(b) Polls conducted internally by a campaign or entity that are not contributed.

(3) For purposes of this rule and, except where otherwise defined:

(a) "Committee" refers to all candidates/candidate committees, measure committees, political party committees, miscellaneous committees, petition committees or an agent of a committee.

(b) "Contributor" means a purchaser of a poll or agent who gives the poll results to one or more nonpurchaser candidates or non-purchaser committees.

(d) "Person" includes an agent of the person.

(e) "Poll:"

(A) Means a questioning of selected participants regarding one or more candidates or issues that comprises one or more questions, whether the questioning is commissioned or conducted by volunteers; and

(B) Includes a sample of participants that is a self-contained subset of all participants under paragraph (A) of this subsection.

(f) "Purchaser" means a person or committee that requests or otherwise commissions and pays for a poll.

(g) "Receipt" means in the custody of a candidate or committee. Examples of custody include but are not limited to physical or electronic possession or possession by means of telephonic, email or facsimile communication.

(h) "Results" means the raw data of a poll or any compiled conclusions and analysis supported by the raw data.

(4) The purchase of the results of a poll by a committee is an expenditure by the committee.

(5) The acceptance of the results of a poll that have a value under section 9 of this rule by a committee is an in-kind contribution by the contributor and an in-kind expenditure in the amount determined under sections 8 and 9 of this rule and must be reported by:

(a) The recipient committee; and

(b) If the contributor is required to file statements of contributions received and expenditures made under ORS 260.057, 260.076, 260.112 or 260.118, the contributor.

(6) A committee accepts the results of a poll if the committee:

(a) Requests the poll results; or

(b) Obtains the poll results from the contributor.

(7) A contributor of poll results shall retain records for two years sufficient to support the valuation of poll results and any allocation of poll costs.

(8) The contributor of a poll shall determine:

(a) The percentage of the poll's overall cost to be allocated to each of the committees directly or indirectly affected by the poll (Divide the number of questions in the sample received by a committee by the total number of questions asked in the sample); and

(b) The base amount of in-kind contribution to each recipient committee (Multiply the overall cost of the poll by a particular committee's percentage of the overall cost as calculated under subsection (a) of this section).

(9) For purposes of valuing poll results accepted by a committee:

(a) A poll shall have no value to any recipient committee if the poll is simultaneously released to each candidate who is running for nomination or election to an office covered by the poll.

(A) The provisions of this subsection may be used only if a poll covers more than one candidate.

(B) If any individual files for an office covered by a contributed poll within 90 days of the poll being valued under this subsection, the contributor must give the individual the poll results not later than the 30th day after the date the individual files for the office.

(b) A poll shall have no value to any recipient committee if the poll is released (prior to or simultaneously with delivery to a candidate covered in the poll or any committee) to:

(A) The newspaper of largest circulation in the district from which a candidate or candidates are running, or if the district is statewide, to at least ten of the largest daily circulation newspapers in the state; and

(B) At least one broadcast media outlet licensed for commercial operations by the FCC whose primary broadcast coverage encompasses the district in which a candidate or candidates are running.

(c) A poll that is not valued under subsections (a) or (b) of this section shall be valued according to the valuation schedule provided in this subsection. Except as provided in subsection (d) of this section, poll results received by a committee within the following time periods after the last (closing) day that the purchaser or other entity conducting the poll accepts data from which the poll results will be compiled (for example, the day the last oral questions are asked or the day that the purchaser stops accepting mail returns) shall have the corresponding value to the recipient as an in-kind contribution:

(A) One to 15 days after the closing day, 100 percent of the:

(i) Recipient candidate committee's base amount of in-kind contribution for a poll calculated under section 8(b) of this rule;

(ii) Overall cost of a poll for all other recipient committees.

(B) 16 to 60 days after the closing day, 50 percent of the:

(i) Recipient candidate committee's base amount of in-kind contribution for a poll calculated under section 8(b) of this rule; or

(ii) Overall cost of a poll for all other recipient committees.

(i) Recipient candidate committee's base amount of in-kind contribution for a poll calculated under section (8)(b) of this rule; or

(ii) Overall cost of a poll for all other recipient committees.

(D) More than 180 days after the closing day, no value to the recipient committee.

(d) Notwithstanding subsection (c) of this section, a poll conducted and completed more than 180 days prior to the next election to be held after the poll is conducted and completed shall have no value to any recipient committee. "Conducted and completed" means that all questions, in any format, have been asked and further replies are not being accepted by the purchaser or other entity in charge of gathering data from which the poll results will be compiled, and that the poll results have been compiled.

(10) A committee that has accepted the results of a poll believing that the results have no value or a particular value is liable for any fees or penalties owed as a result of having to report the acceptance as a previously unreported or underreported in-kind contribution and expenditure if the results of the poll are subsequently determined to have value or a higher value to the committee.

History

Statutory/Other Authority: ORS 246.150 & 260.156
Statutes/Other Implemented: ORS 260.083
ELECT 28-2009, f. & cert. ef. 12-31-09
ELECT 15-2006, f. & cert. ef. 12-29-06
ELECT 19-2003, f. & cert. ef. 12-5-03
ELECT 5-1997, f. & cert. ef. 3-24-97
ELECT 2-1996, f. & cert. ef. 1-3-96
SD 24-1986, f. & ef. 8-1-86

Or. Admin. R. 165-012-0240 Administrative Discontinuation of a Political Committee

(1) The Elections Division may administratively discontinue a political or petition committee when:

(a) The committee has not filed any transactions under ORS 260.057 for one calendar year;

(b) The committee’s ending cash balance reflected on the committee’s ORESTAR Account Summary is between $5,000.00 and negative $5,000.00; and

(c) The committee’s balance deficit reflected on the committee’s ORESTAR Account Summary is between $5,000.00 and negative $5,000.00.

(2) Not later than 30 days before administratively discontinuing a committee under this section, the Elections Division shall attempt to inform the committee of the proposed discontinuation.

(a) For a candidate committee:

(A) By first class mail sent to the mailing address reported on the most recent Statement of Organization for the candidate and by first class mail to the most recent mailing address for the candidate reported in the Oregon Centralized Voter Registration System. If both addresses are the same, only one letter shall be sent; and

(B) If the treasurer is someone other than the candidate, by first class mail to the mailing address reported on the most recent Statement of Organization for the treasurer.

(b) For a political committee notice will be sent by first class mail sent to the mailing address reported on the most recent Statement of Organization for the treasurer and by first class mail to the most recent mailing address for the treasurer reported in the Oregon Centralized Voter Registration System. If both addresses are the same, only one letter shall be sent.

(A) By first class mail sent to the mailing address reported on the most recent Statement of Organization for the chief petitioner(s) and by first class mail to the most recent address for the chief petitioner(s) in the Oregon Centralized Voter Registration System. If both addresses are the same, only one letter shall be sent; and

(B) If the treasurer is someone other than the chief petitioner(s), by first class mail to the mailing address reported on the most recent Statement of Organization for the treasurer.

(3) In lieu of sending the notification by first class mail under (2), the Elections Division may choose to send the notification via email to the email address reported on the most recent statement of organization for each person.

(4) The notice shall inform the committee that it will be discontinued by the Elections Division unless the committee notifies the Elections Division of reasons why the committee does not meet the criteria of this rule for administrative discontinuation; notification from the committee must be received not later than 20 days after the service date of the letter. “Notification” means contact in writing, via mail, email, fax transmission, or making contact with the Elections Division by phone. The written notice from the Elections Division shall also include:

(a) Notification that the statement of organization will be administratively discontinued 30 days from the date of the notice; and

(b) The applicable reasons for discontinuation listed in subsection (1) of this section.

(5) If the candidate of a candidate committee, the treasurer of a political action committee, or if all of the chief petitioners of a petition committee are identified as deceased in the Oregon Centralized Voter Registration System, the Division shall administratively discontinue the committee without attempting to inform the committee of the proposed discontinuation.

History

Statutory/Other Authority: ORS 246.150 & ORS 260.046
Statutes/Other Implemented: ORS 260.046
ELECT 4-2025, amend filed 09/05/2025, effective 09/08/2025
ELECT 4-2021, amend filed 06/18/2021, effective 06/21/2021
ELECT 3-2018, amend filed 01/02/2018, effective 01/02/2018
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 14-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 2-2014, f. & cert. ef. 1-2-14
ELECT 5-2012, f. & cert. ef. 1-3-12
ELECT 29-2009, f. & cert. ef. 12-31-09
ELECT 6-2007, f. & cert. ef. 8-27-07
ELECT 14-2005, f. & cert. ef. 12-30-05

Or. Admin. R. 165-012-0525 Application of ORS 260.266 – Campaign Advertising Disclosures

(1) The purpose of this rule is to establish guidelines for the implementation of ORS 260.266.

(2) Definitions:

(a) “ de minimis” means having a fair market value of approximately $1.00 or less.

(b) “Digital communication” means a communication that is placed or promoted on an internet or digital platform, including but not limited to search engine marketing, display advertisements, video or audio advertisements, native advertising, and sponsorships. For purposes of the preceding sentence, ‘internet or digital platform’ means a public-facing website, internet-enabled application, or other digital application, including but not limited to a social network, ad network, or search engine that displays, or causes to be displayed, digital communications.

(A) For candidates, the full name of the candidate’s principal campaign committee as the committee is registered in ORESTAR.

(B) For political action committees and petition committees, the full name of the committee as the committee is registered in ORESTAR.

(C) For organizations, the full name by which the organization is registered with the Oregon Secretary of State’s Office, Corporations Division, or comparable agency in the applicable state. If the organization does business under a different name, as reflected in the organization’s website or social media, then that name shall be included in the disclosure.

(D) For groups of individuals or other entities not set out in sections 2(c)(A) through (C) above, the name the group or entity most often uses in conjunction with their website or social media accounts, or used in conjunction with their financial records or other official business documentation.

(d) “Payment” means “expenditure” as defined and treated under Oregon election law.

(e) “Wearable merchandise” includes but is not limited to any form of clothing, hats, gloves, scarves, masks and other face coverings.

(f) “Lawn signs” means signs 6 square feet in size or smaller.

(3) Excluded items:

(a) Subject to section (3)(b) below, an item is “too small” to feasibly include the disclosures required by ORS 260.266 and this rule if the required information cannot be printed, engraved, or otherwise included on the item using the standards set out in this rule relating to readability.

(b) Notwithstanding the exemptions in section (6) of this rule, the following are not considered too small to include the disclosures required by ORS 260.266 and this rule: any communication, distributed in print or other format, such as by social media, television advertisements, and printed advertisements in a newspaper or other publication.

(d) Payments for a communication may not be purposefully split to qualify for the $500 exemption described in ORS 260.266(7)(b)(B)(ii).

(4) Printed or digital disclosures required by ORS 260.266 must be easy to read, if the communication appears in a print or digital format, and shall incorporate the following:

(a) The format of the disclosure shall be in sentence form, and include information required by statute and rule. The disclosure shall read: “Paid for by”, followed by the required information. If the names of contributors or donors are required, that disclosure shall immediately follow the disclosure about who paid for the communication, and read: “The top contributors are” or "The top donors are", whichever is applicable, followed by the names of the top five contributors or donors, or less than five, if there are not five contributors or donors who have made aggregate contributions or donations of $10,000 or more in the election cycle in which the communication is made.

(b) The font style of the disclosure shall be one that is generally recognizable and discernable. Fonts that can be read by software applications only if the particular font has been purchased by the reader are not acceptable.

(c) The font size of printed disclosures on communications including mailers, postcards, and flyers shall be no smaller than 10-point font.

(d) The font size of printed disclosures on communications such as billboards and signs larger than six square feet shall be no smaller than:

(A) Three inches tall; or

(B) One-fourth of the font size of the largest font size in the communication.

(C) For purposes of complying with section (4)(d) of this rule, it is acceptable for only the tallest letters in the disclosure to meet the font size requirements as long as the shorter letters are proportional to the size of the tallest letters.

(e) The font size for a digital disclosure shall be in letters at least as large as the majority of text in the communication.

(f) The color of the font must have a reasonable degree of color contrast between the background and the printed disclosure.

(g) A disclosure need not appear on the front page or cover of a multiple-page document, as long as the disclosure appears within the communication.

(h) Each communication that would require a disclosure if distributed separately must still display the disclosure when included in a package of materials.

(i) Television communications must contain a clearly readable written disclosure that appears at the end of the communication, for a period of at least four seconds with a reasonable degree of color contrast between the background and the disclosure statement. The written disclosure must occupy at least four percent of the vertical picture height.

(5) Audio disclosures required by ORS 260.266 must be clearly audible and shall incorporate the following:

(a) The format of the disclosure shall be in sentence form, and include information required by statute and rule. The disclosure shall state: “Paid for by”, followed by the required information. If the names of contributors or donors are required, that disclosure shall immediately follow the disclosure about who paid for the communication and state: “The top contributors are” or "The top donors are", whichever is applicable, followed by names of the top five contributors or donors, or less than five, if there are not five contributors or donors who have made aggregate contributions or donations of $10,000 or more in the election cycle in which the communication is made.

(b) Closed or text captioning where possible.

(c) The disclosure should be in a volume and cadence sufficient for a reasonable person to hear and understand it. The volume of the disclosure can be evaluated in relation to the rest of the message.

(6) If the communication described in ORS 260.266 includes both audio and visual components that are communications in support of or in opposition to a clearly identified candidate, the communication shall:

(a) If over 30 seconds long, comply with both sections (4) and (5) of this rule regardless of the medium;

(b) If 30 seconds or less and not a digital communication, comply with both sections (4) and (5) of this rule except for the provision requiring top contributors or donors to be audibly disclosed; or

(A) Both sections (4) and (5) of this rule except for the provision requiring top contributors or donors to be audibly disclosed; or

(B) Only section (7) of this rule except that the active link included in the statement does not need to be audibly disclosed.

(7) To satisfy the requirements of ORS 260.266(2)(d), the digital communication shall:

(a) State the name of the person that paid for the digital communication; and

(b) Include an active link for the recipient of the digital communication to immediately view the remainder of the information required under ORS 260.266 and this rule with minimal effort. The link must meet the same requirements for legibility set forth in ORS 260.266 and this rule.

(8) Notwithstanding ORS 260.266(4)(b), for the purposes of identifying contributors or donors required to be disclosed, the person making the communication shall disclose the names of the top aggregate contributors or donors. If more than five qualify as the largest aggregate contributors or donors, the person making the communication shall disclose the names of the contributors or donors that made their contributions or donations closest to the date of initial printing or transmission of the communication.

(9) Nothing in this rule prevents a person from re-using communications previously created so long as the disclosure displayed on the communication is accurate as of 10 days before the most recent payment to print or transmit the communication.

(10) For purposes of assessing civil penalties in connection with violations of ORS 260.266 and this administrative rule, the person who paid for the communication shall be financially responsible for those civil penalties. If more than one person paid for the communication, all of those people shall be held jointly and severally responsible for those civil penalties.

(a) If civil penalties are assessed for violation(s) of ORS 260.266, the following mitigating circumstances will be considered:

(A) The violation is a direct result of a valid personal emergency of the candidate, treasurer, independent expenditure filer, or other individual responsible for making the required disclosure(s). A valid personal emergency is an emergency, such as a serious personal illness or death in the immediate family of the candidate, treasurer, independent expenditure filer or other responsible individual which caused the violation to occur. A valid personal emergency does not include a common cold or flu, or a long-term illness where other arrangements could have been made. In this case, independent written verification must be provided;

(B) The violation is the direct result of an error by the Secretary of State's Office, Elections Division;

(C) The violation is the direct result of fire, flood, utility failure or other calamitous event, resulting in physical destruction of, or inaccessibility to, campaign finance records. "Calamitous event" means a phenomenon of an exceptional character, the effects of which could not have been reasonably prevented or avoided by the exercise of due care or foresight;

(D) The violation is the direct result of failure of a professional delivery service to deliver documents in the time guaranteed for delivery by written receipt of the service provider. This does not include delivery by fax; and

(E) The violation is the direct result of the failure of a person charged with or hired to produce the communication.

(b) The burden is on the person alleged to have committed the election law violation to show that a mitigating circumstance exists and caused the election law violation.

(c) Form SEL 853 (attached) is the form to be used to request an in-person or telephone hearing, or submit notarized testimony, to contest violations of ORS 260.266.

(d) Civil penalties assessed in connection with violations of ORS 260.266 and this administrative rule may be assessed during the election cycle and are not required to be held in abeyance until the end of an election cycle.

(11) A committee or independent expenditure filer previously exempt from the requirements set forth in ORS 260.266 and this rule must include the appropriate disclosure on any communication made after exceeding the applicable contribution or expenditure threshold.

(12) The requirements of ORS 260.266 and this rule apply regardless of the language in which the communication is made. The disclosures must be in the same language as the communication. If more than one language is used, the disclosure must be in all languages the communication is made in.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 183.341, ORS 183.470, ORS 246.150 & ORS 260.266
Statutes/Other Implemented: ORS 260.266 & ORS 260.995
ELECT 19-2024, amend filed 09/10/2024, effective 09/11/2024
ELECT 13-2022, amend filed 02/15/2022, effective 02/16/2022
ELECT 9-2021, temporary amend filed 10/29/2021, effective 10/29/2021 through 04/26/2022
ELECT 3-2021, minor correction filed 06/18/2021, effective 06/18/2021
ELECT 1-2021, adopt filed 05/28/2021, effective 06/02/2021

Division 13 ELECTION OFFENSES

Or. Admin. R. 165-013-0010 Penalty Matrix for Other Campaign Finance Violations

(1) This penalty matrix applies to civil penalties for campaign finance violations not covered by the penalty matrices in the Campaign Finance Manual.

(2) Mitigating Circumstances. The only mitigating circumstances that will be considered in a campaign finance violation covered by this rule include:

(a) The violation is a direct result of a valid personal emergency of the candidate, treasurer, alternate transaction filer, or independent expenditure filer. A valid personal emergency is an emergency, such as a serious personal illness or death in the immediate family of the candidate, treasurer, alternate transaction filer, or independent expenditure filer which caused the violation to occur. A valid personal emergency does not include a common cold or flu, or a long-term illness where other arrangements could have been made. In this case, independent written verification must be provided;

(b) The violation is the direct result of an error by the elections filing officer;

(c) The violation is the direct result of clearly-established fraud, embezzlement, or other criminal activity against the committee, committee treasurer, candidate, alternate transaction filer, or independent expenditure filer, as determined in a criminal or civil action in a court of law or independently corroborated by a report of a law enforcement agency or insurer or the sworn testimony or affidavit of an accountant or bookkeeper or the person who actually engaged in the criminal activity. This mitigating circumstance does not apply to the treasurer, candidate, alternate transaction filer, or independent expenditure filer who was the perpetrator of the wrongdoing described above;

(d) The violation is the direct result of fire, flood, utility failure or other calamitous event, resulting in physical destruction of, or inaccessibility to, campaign finance records. ("Calamitous event" means a phenomenon of an exceptional character, the effects of which could not have been reasonably prevented or avoided by the exercise of due care or foresight);

(e) The violation is the direct result of failure of a professional delivery service to deliver documents in the time guaranteed for delivery by written receipt of the service provider. This does not include delivery by fax.

(3)(a) Penalty Matrix. These mitigating circumstances may be considered in reducing, in whole or in part, the civil penalty. If the violation is a direct result of an error by the elections filing officer, the violation is waived and no penalty is assessed.

(b) For the purpose of issuing a proposed penalty notice and subsequent imposition of a civil penalty for any violation in Appendix A of this rule, the candidate of a principal campaign committee, the treasurer of a political action committee, the treasurer of a petition committee, or the independent expenditure filer is the party named in a proposed penalty notice and is the party responsible for the payment of any civil penalty if a penalty is assessed. This subsection does not prohibit another person from paying the civil penalty.

(c) For purposes of determining penalty amounts for violations of campaign finance violations covered by this rule Appendix A of this rule will apply.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 246.150 & 260.200
Statutes/Other Implemented: 260.995, ORS 260.200, 260.215 & 260.232
ELECT 2-2025, minor correction filed 03/27/2025, effective 03/27/2025
ELECT 2-2024, minor correction filed 01/04/2024, effective 01/04/2024
ELECT 15-2018, amend filed 08/08/2018, effective 08/08/2018
ELECT 6-2018, amend filed 01/05/2018, effective 01/05/2018
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 19-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 1-2014, f. & cert. ef. 1-2-14
ELECT 1-2013, f. & cert. ef. 2-4-13
ELECT 6-2012, f. & cert. ef. 1-3-12
ELECT 9-2011, f. & cert. ef. 4-8-11
ELECT 30-2009, f. & cert. ef. 12-31-09
ELECT 14-2007, f. & cert. ef. 12-31-07
ELECT 17-2006, f. & cert. ef. 12-29-06
ELECT 10-2006(Temp), f. & cert. ef. 7-6-06 thru 1-2-07
ELECT 16-2005, f. & cert. ef. 12-30-05
ELECT 1-2004, f. & cert. ef. 2-13-04
ELECT 22-2003, f. & cert. ef. 12-5-03
ELECT 13-2000, f. 7-31-00, cert. ef. 8-4-00

Or. Admin. R. 165-013-0020 Penalty Matrix for Non-Campaign Finance Civil Penalty Election Law Violations

(1)(a) This penalty matrix applies to civil penalties for violations of election laws that are not covered by the penalty matrices in the Campaign Finance Manual (late and insufficient campaign finance transactions), or other campaign finance violations as outlined in 165-013-0010.

(b) The penalty amount will be calculated against the same person, candidate or entity as described below for a period of four years from the date the violation occurs, for any election law violation, other than campaign finance violations covered in the penalty matrices in the Campaign Finance Manual and other campaign finance violations as outlined in 165-013-0010.

(c) In determining whether the offense is to be considered against the same person, candidate or entity, the following factors are to be considered:

(A) A person is considered the same candidate, regardless of the office(s) for which the person runs within this state, or whether there is a lapse in time between candidacies.

(B) A political committee is considered the same, regardless of who the treasurer is, or if the political committee has changed names but is established by the same group of persons.

(d) When determining whether the offense is to be considered a single or multiple violations, the following factors are to be considered:

(A) One occurrence is considered one violation.

(B) Violations of Article IV, Section 1(b) will be calculated by deeming each individual signature sheet that contains signatures that were collected in violation of Section 1(b) as a single occurrence.

(C) Violations of ORS 260.569 will be calculated by deeming each individual signature sheet that contains a signature a violation of ORS 260.569 or each signed voter registration card in violation of ORS 260.569 as a single occurrence.

(2) Mitigating Circumstances: The burden is on the person alleged to have committed the election law violation to show that a mitigating circumstance exists and caused the election law violation. The only mitigating circumstances which will be considered, if applicable to the specific situation, include:

(a) The violation is a direct result of a valid personal emergency of the involved person(s). A valid personal emergency is an emergency such as a serious personal illness or death in the immediate family of the involved person(s). Personal emergency does not include a common cold or flu, or a long-term illness where other arrangements could have been made. In this case, independent written verification must be provided;

(b) The violation is the direct result of an error by an elections officer;

(c) The violation is the direct result of fire, flood or other calamitous event, resulting in physical destruction of, or inaccessibility to, any records required to be kept to document compliance with Oregon election law. ("Calamitous event" means a phenomenon of an exceptional character, the effects of which could not have been reasonably prevented or avoided by the exercise of due care or foresight);

(3)(a) Penalty Matrix. These mitigating circumstances may be considered in reducing, in whole or in part, the civil penalty. If the violation is a direct result of an error by an elections officer, the violation is waived and no penalty is assessed.

(b) For purposes of determining penalty amounts for violations of non-campaign finance civil penalty election law violations, Appendix B of this rule will apply.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 260.995
ELECT 15-2018, amend filed 08/08/2018, effective 08/08/2018
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 19-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 6-2012, f. & cert. ef. 1-3-12
ELECT 31-2009, f. & cert. ef. 12-31-09
ELECT 9-2009, f. & cert. ef. 5-4-09
ELECT 15-2007, f. cert ef. 12-31-07
ELECT 16-2005, f. & cert. ef. 12-30-05
ELECT 22-2003, f. & cert. ef. 12-5-03
ELECT 14-2000, f. 7-31-00, cert. ef. 8-4-00

Or. Admin. R. 165-013-0030 Restrictions on Political Advocacy by Public Employees

In addition to, and not in lieu of, any other elections processes contained in ORS chapters 246 through 260 and OAR chapter 165, the Secretary of State designates the Restrictions on Political Advocacy by Public Employees manual revised 05/2024. This rule and the associated manual provide guidance and information to the public, public employees, public agencies, and other stakeholders of permissible and impermissible activities. This rule and the associated manual also set forth the procedures the Elections Division will use when reviewing materials created by public agencies.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 260.432 & SB 168 (2023)
ELECT 9-2024, amend filed 05/16/2024, effective 05/17/2024
ELECT 11-2023, amend filed 07/24/2023, effective 07/25/2023
ELECT 9-2023, temporary amend filed 04/01/2023, effective 04/01/2023 through 09/27/2023
ELECT 34-2022, temporary amend filed 10/03/2022, effective 10/04/2022 through 03/31/2023
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 18-2015, f. 12-31-15, cert. ef. 1-2-16
ELECT 12-2012, f. & cert. ef. 9-13-12

Or. Admin. R. 165-013-0045 Application of ORS 260.537 - False Statement Intended to Mislead Electors

(1) ORS 260.345 provides that, in certain circumstances, the Elections Division may take action against people who disseminate false statements concerning election law in violation of ORS 260.537. The Elections Division recognizes the importance of avoiding mis- and dis-information in elections while encouraging the public to participate in the electoral process. The purpose of this rule is to explain how the Elections Division honors those dual goals when evaluating complaints alleging a violation of ORS 260.537.

(2) The Elections Division evaluates complaints alleging violations of ORS 260.537 to determine whether they state facts sufficient to meet the criteria described in Section (4). The Elections Division may decline further investigation as to any complaint that:

(a) Alleges a violation of ORS 260.537 but does not state facts sufficient to meet the criteria in Section (4), or

(b) Is filed more than 90 days after the election defined in Section (4)(c), or more than 90 days after the date the violation occurs, whichever is later.

(3) After examining the complaint and conducting any investigation it considers necessary, the Elections Division examines the evidence in light of the criteria in Section (4) to determine whether it is more likely than not that the alleged violation occurred.

(4) The following criteria sets forth the elements that must be met to constitute a violation of ORS 260.537:

(a) A person must do one or more of the following:

(A) Cause a letter, circular, bill, placard, poster, photograph or other publication to be written, printed, published, posted, communicated or circulated, or

(B) Cause any advertisement to be placed in a publication, or

(D) Circulate any advertisement, either singly or with others.

(b) The publication or advertisement described in Section (4)(a) must contain a statement concerning one or more or the following:

(A) The date of the election, or

(B) The deadline for depositing a ballot in order for the ballot to be tallied (including but not limited to vote-by-mail procedures or the effect of postmarks or postal indicators), or

(D) The methods by which an elector may register to vote, or

(E) The locations at which an elector may deposit a ballot in order for the ballot to be tallied, or

(F) The qualifications an individual must meet to be eligible to vote in an election, or

(G) An elector’s voter registration status.

(A) within 30 calendar days before a primary or special election, including all special district elections, or

(B) within 60 calendar days before a general election.

(d) The statement defined in Section (4)(b) must be false. For purposes of this rule, a statement is not false if any reasonable inference can be drawn that:

(A) the statement is factually correct, or

(B) the statement is merely an expression of opinion.

(e) The statement must be material. For purposes of this rule, “material” means that the statement could reasonably cause a person not to register to vote or not to exercise the right to vote.

(f) When doing the act in Section (4)(a), the person must either

(A) Know that the statement is false, or

(B) Act with reckless disregard as to whether the statement is false. For purposes of this rule, “reckless disregard” means that the person knows there is a substantial likelihood that the statement is false.

(g) When doing the act defined in Section (4)(a), the person must intend for the statement defined in Section (4)(b) to mislead voters.

(A) A person does not intend to mislead voters when the person disseminates a false statement in circumstances that indicate the statement is false. For example, news media may report about a false statement without presenting it as true, or the public may discuss a false statement without presenting it as true.

(B) A clear and obvious disclaimer that the false statement is false is sufficient to demonstrate that the person does not intend to mislead voters. However, the Elections Division may also determine that a person did not intend to mislead voters based on the circumstances, even when a clear and obvious disclaimer is not present.

(C) To determine whether the person intended the statement to mislead voters, the Elections Division considers all of the circumstances relevant to the act in Section (4)(a).

(D) If an act meets the criteria in Section(4)(a)-(f), and the evidence obtained suggests that the person did not intend to mislead voters, then the Elections Division may conclude that the person did not in fact intend to mislead voters.

History

Statutory/Other Authority: ORS 260.345, ORS 260.537 & HB 2323 (2021)
Statutes/Other Implemented: ORS 260.537 & HB 2323 (2021)
ELECT 19-2022, adopt filed 05/24/2022, effective 05/25/2022
ELECT 15-2022, temporary adopt filed 03/24/2022, effective 03/25/2022 through 09/19/2022

Division 14 INITIATIVE, REFERENDUM AND RECALL

Or. Admin. R. 165-014-0005 Designating the State and Local Initiative, Referendum, Referral and Recall Manuals and Forms

(1) The Secretary of State designates the State Initiative and Referendum Manual revised 08/2026 and associated forms as the procedures and forms to be used for the state initiative and referendum process.

(2) The Secretary of State designates the Recall Manual revised 01/2024 and associated forms as the procedures and forms to be used for the recall process.

(3) The Secretary of State designates the County, City, and District Initiative and Referendum Manual revised 01/2024 and associated forms as the procedures, except where state law permits the procedure to be otherwise under local charter or ordinance, and forms to be used for the local initiative and referendum process.

(4) The Secretary of State designates the County, City, and District Referral Manual revised 01/2024 and associated forms as the procedures, except where state law permits the procedure to be otherwise under local charter or ordinance, and forms to be used for the local referral process.

(5) The Secretary of State designates the Circulator Training Manual revised 01/2024 and associated forms as the curriculum, procedures and forms, to be used to register as required under ORS 250.048, by a person who will be paid to gather signatures on a state initiative, referendum or recall petition.

(6) For purposes of subsection (5) of this rule, initiative is meant to include each phase of the petition's signature gathering effort including the sponsorship phase, the primary signature gathering effort and any supplemental signature gathering efforts.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 246.150, 249.009, 250.015, 250.029, 250.031, 250.045, 250.048, 250.052, 250.067, 250.105, 250.165, 250.205, 250.215, 250.265, 250.315, 254.108, 255.135, 255.175, 260.118, 260.200 & 260.262
Statutes/Other Implemented: ORS 249.865, 249.870, 249.875, 249.876, 249.877, 250.015, 250.029, 250.031, 250.045, 250.048, 250.052, 250.067, 250.085, 250.105, 250.165, 250.168, 250.175, 250.185, 250.195, 250.205, 250.215, 250.265, 250.270, 250.275, 250.285, 250.296, 250.305, 250.315, 250.325, 254.108, 255.085, 255.135, 255.140, 255.145, 255.155, 255.165, 255.175, 255.215, 260.118, 260.200, 260.262 & 260.555
ELECT 18-2026, amend filed 08/21/2026, effective 08/21/2026
ELECT 4-2024, amend filed 01/19/2024, effective 01/22/2024
ELECT 21-2022, amend filed 07/27/2022, effective 07/28/2022
ELECT 18-2022, temporary amend filed 05/16/2022, effective 05/17/2022 through 11/12/2022
ELECT 12-2022, amend filed 02/02/2022, effective 02/04/2022
ELECT 6-2020, amend filed 03/17/2020, effective 03/17/2020
ELECT 10-2018, amend filed 07/06/2018, effective 07/06/2018
ELECT 9-2018, temporary amend filed 04/20/2018, effective 04/21/2018 through 07/08/2018
ELECT 7-2018, temporary amend filed 01/10/2018, effective 01/10/2018 through 04/20/2018
ELECT 1-2018, amend filed 01/02/2018, effective 01/02/2018
ELECT 2-2016, f. & cert. ef. 7-6-16
ELECT 17-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 5-2014, f. & cert. ef. 1-2-14
ELECT 7-2012, f. & cert. ef. 1-3-12
ELECT 32-2009, f. & cert. ef. 12-31-09
ELECT 16-2007, f. & cert. ef. 12-31-07
Administrative correction 11-17-07
ELECT 3-2007(Temp), f. & cert. ef. 5-14-07 thru 11-10-07
ELECT 10-2005, f. & cert. ef. 12-14-05
ELECT 20-2003, f. & cert. ef. 12-5-03
ELECT 4-2003, f. & cert. ef. 4-25-03
Elect 9-2002(Temp), f. & cert. ef. 12-5-02 thru 6-3-03
ELECT 3-2002, f. & cert. ef. 3-13-02
ELECT 10-1999, f. & cert. ef. 10-18-99
ELECT 3-1998, f. & cert. ef. 2-11-98
ELECT 8-1997, f. & cert. ef. 10-3-97
ELECT 1-1996, f. & cert. ef. 1-3-96
ELECT 35-1993, f. & cert. ef. 11-1-93
ELECT 10-1993, f. & cert. ef. 3-25-93
ELECT 3-1993 (Temp), f. & cert. ef. 1-22-93
ELECT 39-1992, f. & cert. ef. 12-17-92
ELECT 19-1992(Temp), f. & cert. ef. 7-1-92
ELECT 10-1992(Temp), f. & cert. ef. 4-9-92
ELECT 4-1991 (Temp), f. & cert. ef. 3-18-91
ELECT 4-1989(Temp), f. & cert. ef. 8-11-89
ELECT 33-1988(Temp), f. & cert. ef. 8-26-88
SD 4-1986, f. & cert. ef. 2-26-86
SD 21-1984(Temp), f. & cert. ef. 10-8-84
SD 10-1984, f. & cert. ef. 6-19-84
SD 31-1980, f. & cert. ef. 3-6-80
SD 7-1979(Temp), f. & cert. ef. 11-5-79
SD 120, f. & ef. 12-21-77

Or. Admin. R. 165-014-0028 Review of Proposed Initiative Measures for Procedural Constitutional Compliance

(1) The Secretary of State will review a proposed initiative measure submitted under the authority of Article IV, section 1 of the Oregon Constitution and ORS 250.045 to determine if it complies with the procedural requirements established in the Oregon Constitution for initiative petitions. This review will include, but not necessarily be limited to, whether a proposed initiative measure: “embraces one subject only and matters properly connected therewith,” constitutes an “amendment” to the constitution, or proposes a single amendment to the Constitution or separate amendments that must be submitted separately. The Secretary will not review any prospective petition for substantive constitutional or legal sufficiency.

(2) The Secretary of State will conduct the review of proposed initiative measures for procedural constitutional compliance during the period when the draft ballot title and certified ballot title are prepared.

(3) The Secretary of State will distribute a copy of the text of the proposed initiative measure in the same manner as provided by rule for statewide notice of the opportunity to provide comment on draft ballot titles prepared by the Attorney General. The Secretary will seek comment from interested persons regarding whether the proposed initiative measure complies with procedural constitutional requirements, including those described in section (1) above. Comments must be filed within the same time period as provided for comments on the sufficiency of the draft ballot title.

(4) The Secretary of State will notify in writing the chief petitioners of the results of the Secretary’s review for compliance with the procedural constitutional requirements for proposed initiative measures. The notification will also be sent to any interested persons who submitted timely comments to the Secretary, in the same manner as provided for notification of the certified ballot title provided by the Attorney General.

(5) The Secretary of State will not approve for circulation the form of the cover and signature sheet filed by a chief petitioner(s) if the Secretary determines that the proposed initiative measure fails to comply with the constitutional procedural requirements for a proposed initiative measure.

(6) The Secretary of State’s notice issued pursuant to section (4) is a final order. Review of this order may be sought under ORS 183.484 or 246.910 in the Marion County Circuit Court.

History

Statutory/Other Authority: ORS 246.120, 246.150 & OR Const. §1, Art. IV & §1 & Art. XVII
Statutes/Other Implemented: ORS 246.120, 246.150 & OR Const. §1, Art. IV & §1 & Art. XVII
ELECT 11-1998, f. & cert. ef. 11-3-98
SD 29-1986, f. & ef. 10-10-86
SD 26-1986(Temp), f. & ef. 9-15-86

Or. Admin. R. 165-014-0030 Statistical Sampling Procedures for State Petitions

(1) This rule is adopted to implement ORS 250.045(1) and ORS 250.105(5).

(2) The pre-processing of petition signature sheets is conducted by the Elections Division.

(3) Verification of sampled signature lines against voter registration records may be conducted by either the Elections Division or county elections officials.

(4) The handwriting characteristics and factors set forth in the Vote by Mail Procedures Manual adopted under OAR 165-007-0030 will be used to evaluate and determine whether the signature on any sampled signature line matches signatures contained in the voter’s registration record.

(a) Only a signature possessing obvious and predominantly matching characteristics with signatures contained in the voter's registration record may be determined to be a match.

(b) A signature possessing more non-matching than matching characteristics with signatures contained in the voter's registration record shall be reviewed by at least two different signature verification staff members before it is rejected as a non-matching signature.

(5) A random sample for any prospective initiative, initiative or referendum petition submittal, will only be selected if the Elections Division determines the petition signature sheets accepted for inclusion in the sample contain a number of unverified signatures equal to or greater than the required number of signatures necessary to accept the petition.

(6) After receiving the signature sheets from the chief petitioners, the Elections Division utilizes the process outlined in (7) through (18) of this rule to determine if the prospective initiative petition, which is also referred to as the sponsorship petition or submittal, contains the signatures of at least 1,000 electors.

(7) No more than 2,000 signatures will be accepted for verification at any one time. Signatures submitted in excess of this requirement are void and will not be included for sampling nor returned to the chief petitioner.

(8) Two signature samples may be selected in order to determine if the petition contains the required number of valid signatures. The sample size determination and statistical formula used to determine if a prospective initiative petition contains the required number of valid signatures is contained in Appendix 1, which is incorporated into this rule by reference.

(9) Prior to verification, each cover and signature sheet is reviewed and removed if:

(a) The text of the prospective initiative petition is not incorporated into the cover sheet and copied onto the back or attached to the prospective initiative petition signature sheet, by staple, paperclip, tape, clipboard, or other method.

(b) The circulator certification is insufficient as defined by OAR 165-014-0270.

(c) All information included in the optional information fields about the petition signers, such as their printed name, address and date signed, does not comply with OAR 165-014-0275.

(d) The cover and signature sheet submitted is produced on colored paper stock when the petition is not using paid circulators.

(10) The signature lines on each petition signature sheet accepted for inclusion in the sample will be reviewed and not accepted for sampling if:

(a) The signature line is not certified by the circulator’s certification date.

(b) The signature line does not comply with OAR 165-014-0275.

(11) Those individual signature lines accepted for sampling will be entered into the Oregon Centralized Voter Registration System (OCVR) which will be used for the random signature selection process and to verify signatures.

(12) The first random sampling of petition signature lines is verified. If the sampled signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified.

(13) The Elections Division will consolidate and tabulate the verification data, generated from OCVR, for the first sample.

(14) The statistical formula will be applied to the data from the first sample. If the prospective initiative petition is accepted as a result of the first sample the Elections Division will notify the chief petitioners or correspondence recipient and forward the text to the Attorney General for drafting of the ballot title.

(15) If the prospective initiative petition is not accepted as a result of the first sample, the remaining petition signature lines will be verified. If the sampled signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified.

(16) The verification data for the remaining petition signature lines will be added to the first sample data and the statistical formula applied to the combined results. If the prospective initiative petition is accepted after complete verification the Elections Division will notify the chief petitioners or correspondence recipient and forward the text to the Attorney General for drafting of the ballot title.

(17) If after complete verification the Elections Division determines the prospective initiative petition does not contain 1,000 valid signatures, chief petitioners may make one additional submittal of no more than 2,000 signatures.

(a) The verification procedures applied to the combined first and second sample will be applied to the second submittal of signatures.

(b) If the results of verification of the second submittal of signatures do not qualify the petition for acceptance, the chief petitioners must begin the prospective initiative petition process again.

(18) Signature verification of the prospective initiative petition must be completed:

(a) Not later than 10 business days after receipt of the prospective petition signatures;

(b) Not later than 20 business days after receipt of prospective petition signatures if two or more prospective petitions are received in a single day; or

(c) Not later than 20 business days after receipt of prospective petition signatures if all signatures contained in the prospective petition are required to be verified.

(19) Once chief petitioners submit the required number of signatures and affirm the petition is complete, the Elections Division utilizes the process outlined in (20) through (31) of this rule to determine if the initiative or referendum petition contains enough valid signatures to qualify for the ballot.

(20) Two signature samples may be selected in order to determine if the initiative or referendum petition contains the required number of valid signatures. The statistical formulas used to determine if an initiative or referendum petition contains the required number of valid signatures are contained in Appendix 2 and Appendix 3, respectively. Both appendices are incorporated into this rule by reference.

(21) Prior to verification, each cover and signature sheet is reviewed and removed if:

(a) The cover and signature sheet submitted is not a version that was approved for circulation.

(b) The circulator certification is insufficient as defined by OAR 165-014-0270.

(c) All information included in the optional information fields about the petition signers, such as their printed name, address and date signed, does not comply with OAR 165-014-0275.

(d) The cover and signature sheet submitted is produced on colored paper stock when the petition is not using paid circulators.

(22) The signature lines on each petition signature sheet accepted for inclusion in the sample will be reviewed and not accepted for sampling if:

(a) The signature line is not certified by the circulator’s certification date.

(b) The signature line does not comply with OAR 165-014-0275.

(23) Those individual signature lines accepted for sampling will be entered into the Oregon Centralized Voter Registration System (OCVR) which will be used for the random signature selection process and to verify signatures.

(24) The size of the first sample of signatures will be fixed at 1,000. The size of the second sample of signatures will be specified such that the total number of signatures for the combined first and second sample will be at least five percent of the total number of signatures accepted for verification.

(25) The petition signature sheets containing signature lines selected in the first and second random samples are separated from the signature sheets that are not selected in the sample.

(26) The first random sampling of petition signature lines is verified. If the sampled signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified.

(27) The Elections Division will consolidate and tabulate the verification data, generated from OCVR, for the first sample.

(28) The statistical formula will be applied to the consolidated data from the first sample. After determining the result of the first sample the Elections Division will notify the chief petitioners or correspondence recipient that the petition has either qualified to the ballot or that the second larger sample will be verified.

(29) The second random sampling of petition signature lines is verified. If the sampled signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified.

(30) The verification data for the second sample will be added to the first sample data and the statistical formula applied to the combined results. If the petition is accepted after verification of the combined sample the Elections Division will notify the chief petitioners or correspondence recipient that the petition has qualified to the ballot.

(31) If after verification of the combined sample the Elections Division determines the petition does not contain the required number of valid signatures, chief petitioners may submit additional signatures as long as the filing deadline has not passed. Each additional submittal will be verified using the following process:

(a) A single sample that is the larger of 250 signatures or a number of signatures that is directly proportional to the first submittal of signatures will be selected from additional signatures accepted for inclusion in the sample.

(b) If fewer than 250 signatures are submitted then all signatures are verified.

(c) The verification procedures applied to the first submittal will be applied to any additional submittal of signatures.

(d) To determine acceptance or rejection of the petition, the verification data from additional submittals will be added to the verification data of the first submittal and the statistical formula applied to the combined results.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 246.150 & 250.105
Statutes/Other Implemented: ORS 250.105
ELECT 18-2018, amend filed 08/10/2018, effective 08/10/2018
ELECT 5-2018, amend filed 01/05/2018, effective 01/05/2018
ELECT 7-2014, f. & cert. ef. 1-7-14
ELECT 19-2011, f. & cert. ef. 9-26-11
ELECT 18-2007, f. & cert. ef. 12-31-07
ELECT 3-2005, f. & cert. ef. 3-22-05
ELECT 3-2004, f. & cert. ef. 4-15-04
ELECT 9-2000, f. & cert. ef. 6-6-00
ELECT 8-1999, f. & cert. ef. 9-3-99
ELECT 12-1994, f. & cert. ef. 6-23-94
SD 20-1986, f. & ef. 5-23-86
SD 2-1979, f. & ef. 4-23-79
SD 4-1978(Temp), f. & ef. 7-6-78

Or. Admin. R. 165-014-0090 Time for Withdrawal of Prospective Petition

Text in ORMS

History

Reverted to ELECT 34-1990, f. & cert. ef. 9-14-90
ELECT 34-1990, f. & cert. ef. 9-14-90
ELECT 30-1990(Temp), f. & cert. ef. 7-23-90
Sunset on 09-28-2017

Or. Admin. R. 165-014-0100 Review of Specified Chief Petitioner Accounts

(1) Each chief petitioner of an initiative, referendum or prospective petition who pays any person money or other valuable consideration to obtain signatures on the petition shall keep detailed accounts in accordance with ORS 260.262. The Elections Division will review these accounts in the manner and in accordance with the schedule set out in paragraphs (2) and (3) of this rule.

(2) Chief petitioners shall submit digital copies of the applicable accounts described on the SEL 320 unless they receive prior written approval from the Elections Division to submit paper copies.

(a) Acceptable digital formats include pdf files, Excel files, or Word files submitted on CD-ROM or via electronic mail.

(b) The Elections Division may request original documentation of chief petitioner accounts, in addition to or in lieu of copies.

(3) Detailed copies of the applicable accounts described on the SEL 320, must be submitted not later than the last business day of each month after any month in which circulators were paid to collect signatures for the primary signature gathering effort. Accounts for the sponsorship phase must be included with the first submittal of accounts for the primary signature gathering effort. The Elections Division may require accounts to be submitted in shortened time frame depending on the circumstances of each petition.

(4) The Elections Division reserves the right to demand all accounts described under ORS 260.262, including all circulated signature sheets.

(5) Chief petitioners, or their authorized agent, must submit a completed SEL 320, each time accounts are provided, detailing the nature of the accounts provided under ORS 260.262.

(6) The Elections Division shall review accounts to determine whether all of the required information appears to have been provided. If after review it is determined that the accounts submitted are incomplete or the chief petitioners fail to submit the requested accounts, the Elections Division may find that a violation of section 1b, Article IV of the Oregon Constitution, has occurred, suspend the petition from obtaining additional signatures, and/or issue a civil penalty under OAR 165-013-0020.

(7) If the Elections Division takes action under ORS 260.262(6) the chief petitioners may file notarized written explanation contesting the suspension and providing evidence that the accounts submitted are complete.

(8) If a petition is suspended under ORS 260.262(6) the chief petitioners are prohibited from obtaining any additional signatures on the petition until it has been determined by the Elections Division that the accounts are complete. Any signatures gathered in violation of the suspension will not be accepted for signature verification.

(9) If the petition has multiple chief petitioners, only one set of copies of the detailed accounts for each petition need to be produced by the deadline.

(10) Accounts must be kept current as of not later than the 7th calendar day after the date a payment is made to a person for obtaining signatures on a petition.

(11) The Elections Division reserves the right to conduct a review of all chief petitioner accounts in accordance with ORS 260.262(4).

History

Statutory/Other Authority: ORS 246.150 & 260.262
Statutes/Other Implemented: ORS 260.262
ELECT 18-2018, amend filed 08/10/2018, effective 08/10/2018
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 16-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 6-2013, f. & cert. ef. 11-8-13
ELECT 13-2011, f. & cert. ef. 8-1-11
ELECT 33-2009, f. & cert. ef. 12-31-09
ELECT 8-2008, f. & cert. ef. 8-12-08
ELECT 6-2008(Temp), f. & cert. ef. 5-2-08 thru 9-10-08
ELECT 3-2008(Temp), f. & cert. ef. 3-14-08 thru 5-2-08
ELECT 21-2007, f. & cert. ef. 12-31-07

Or. Admin. R. 165-014-0110 Statistical Sampling Procedures for Other than State Initiative or Referendum Petitions

(1) This rule is adopted to implement ORS 248.008, 249.008, 249.875, 250.215, 250.315 and 255.175.

(2) For this rule, the term:

(a) Filing Officer refers to the person with whom the petition is filed for pre-processing. A minor political party formation petition and a recall petition against a State Public Officer are filed with the Elections Division. County petitions are filed with the county elections official, city petitions are filed with the city recorder and district petitions are filed with the county elections official of the county in which the administrative office of the district is located.

(b) Elections Official(s) refers to the person who verifies the sampling of petition signature lines against the voter’s registration record. For a minor political party formation petition or a recall petition against a State Public Officer the Elections Division may choose to verify sampled signatures or distribute to county elections officials for verification. The county elections official verifies signatures for all county, city and district petitions subject to this rule.

(3) The handwriting characteristics and factors set forth in the Vote by Mail Procedures Manual adopted under OAR 165-007-0030 will be used by Elections Officials to evaluate and determine whether the signature on any sampled signature line matches signatures contained in the voter’s registration record.

(a) Only a signature possessing obvious and predominantly matching characteristics with signatures contained in the voter's registration record may be determined to be a match.

(b) A signature possessing more non-matching than matching characteristics with signatures contained in the voter's registration record shall be reviewed by at least two different elections officials before it is rejected as a non-matching signature.

(4) A random sample for any petition submittal, will only be selected if the Filing Officer determines the petition signature sheets accepted for inclusion in the sample contain a number of unverified signatures equal to or greater than the required number of signatures necessary to accept the petition.

(5) Once chief petitioners or sponsors submit the required number of signatures and affirm the petition is complete, the process outlined in (6) through (16) is utilized to determine if the petition contains enough valid signatures to qualify for the ballot.

(6) Two signature samples may be selected in order to determine if the petition contains the required number of valid signatures. The statistical formula referred to in this rule is contained in Appendix 4, which is incorporated into this rule by reference.

(7) Prior to verification, each petition cover and signature sheet is reviewed by the Filing Officer, and removed if:

(a) The cover and signature sheet submitted is not a version that was approved for circulation.

(b) The circulator certification is insufficient as defined by OAR 165-014-0270.

(c) All information included in the optional information fields about the petition signers, such as their printed name, address and date signed, does not comply with OAR 165-014-0275.

(8) The signature lines on each petition signature sheet accepted for inclusion in the sample will be reviewed and not accepted for sampling if:

(a) The signature line is not certified by the circulator’s certification date.

(b) The signature line does not comply with OAR 165-014-0275.

(9) The size of the first sample of signatures will be 10% of the total number of signatures accepted for verification. The size of the second sample of signatures will be the same number used in the first sample, plus at least one additional signature.

(10) The Elections Official separates the petition signature sheets containing signature lines selected in the first and second random samples from the signature sheets that are not selected in the samples.

(11) The first random sampling of petition signature lines is verified. If the sampled signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified. When the Filing Officer and Elections Official are not the same individual these changes must be noted on the signature sheet.

(12) The Elections Official will consolidate and tabulate the verification data generated from OCVR, for the first sample.

(13) The statistical formula will be applied to the consolidated data from the first sample. After determining the result of the first sample the Elections Official will notify the following individuals that the petition has either qualified to the ballot or that the second larger sample will be verified:

(a) The Filing Officer; or

(b) The chief petitioners or sponsors of the petition if the Filing Officer and Elections are the same individual.

(14) The second random sampling of petition signature lines is verified.. If the sampled signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified. When the Filing Officer and Elections Official are not the same individual these changes must be noted on the signature sheet.

(15) The verification data for the second sample will be added to the first sample data and the statistical formula applied to the combined results. If the petition is accepted after verification of the combined sample the Elections Division will notify:

(a) The Filing Officer; or

(b) The chief petitioners or sponsors of the petition if the Filing Officer and Elections are the same person.

(16) If after verification of the combined first and second samples the Filing Officer determines the petition does not contain the required number of valid signatures, chief petitioners may submit additional signature sheets as long as the filing deadline has not passed. Any additional submittals will be verified using the following process:

(a) The verification procedures applied to the first submittal will be applied to any additional submittal of signatures.

(b) The Elections Official has the option to either verify all additional signatures or to continue to use the sampling process described in this rule.

(c) A single sample that is the larger of 100 or a number of signatures that is directly proportional to the first submittal of signatures will be selected from the additional signatures accepted for inclusion in the sample.

(d) If fewer than 100 signatures are submitted then all signatures are verified.

(e) To determine acceptance or rejection of the petition, the verification data from additional submittals will be added to the verification data of the first submittal and the statistical formula applied to the combined results.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 246.150, 250.105, 250.215, 250.315 & 255.175
Statutes/Other Implemented: ORS 249.875, 250.105, 250.215, 250.315 & 255.175
ELECT 5-2018, amend filed 01/05/2018, effective 01/05/2018
ELECT 6-2013, f. & cert. ef. 11-8-13
ELECT 19-2011, f. & cert. ef. 9-26-11
ELECT 18-2007, f. & cert. ef. 12-31-07
ELECT 10-2005, f. & cert. ef. 12-14-05
ELECT 3-2005, f. & cert. ef. 3-22-05
ELECT 3-2004, f. & cert. ef. 4-15-04
ELECT 7-2000, f. & cert. ef. 4-5-00
ELECT 13-1993, f. & cert. ef. 4-16-93
ELECT 19-1991(Temp), f. & cert. ef. 12-20-91

Or. Admin. R. 165-014-0260 Prohibition on Paying or Receipt of Payment based on the Number of Signatures Obtained on an Initiative, Referendum, Candidate Nominating Petition or Voter Registration Cards

(1) The purpose of this rule is to interpret Article IV, section 1b of the Oregon Constitution and ORS 260.569. Article IV, section 1b of the Oregon Constitution provides: “It shall be unlawful to pay or receive money or other thing of value based on the number of signatures obtained on an initiative or referendum petition. Nothing herein prohibits payment for signature gathering which is not based, either directly or indirectly, on the number of signatures obtained.” ORS 260.569 provides: “A person may not pay or receive money or another thing of value based on the number of: signatures a person obtains for purposes of nominating a candidate for elective public office or signed voter registration cards a person collects.

(2) Section 1b and ORS 260.569 bans the practice of paying circulators or others involved in an initiative, referendum, candidate nominating petition or voter registration card collection effort if the basis for payment is the number of signatures obtained. This means that payment cannot be made on a per signature basis. Employment relationships that do not base payment on the number of signatures collected are allowed. Allowable practices include: paying an hourly wage or salary, using express minimum signature requirements (quota), terminating those who do not meet the productivity requirements, adjusting salaries prospectively relative to productivity, and paying discretionary bonuses based on reliability, longevity and productivity, provided no payments are made on a per signature basis. The use of express minimum signature requirements (quota) for an initiative or referendum petition is allowable so long as that requirement is disclosed to the Elections Division on the SEL 320 as part of accounts.

(3) If a circulator is carrying a petition subject to Section 1b or ORS 260.569 and another petition not subject to Section 1b or ORS 260.569 (for example, a state initiative petition and a local recall petition), the circulator may be paid by the signature only for signatures collected on the petition not subject to Section 1b or ORS 260.569. Any payment for collecting signatures on the petition subject to Section 1b or ORS 260.569 must comply with Section 1b or ORS 260.569.

(4) The phrase “directly or indirectly” in Section 1b means that the chief petitioners who are responsible for the circulation and submission of the initiative or referendum petition cannot directly pay for signature gathering based on the number of signatures obtained, and cannot contract or delegate to another person or entity to obtain signatures and allow the third party to pay circulators on the basis of the number of signatures obtained. However, chief petitioners may contract with a person or entity to manage the signature gathering, and pay the person or entity for services, including the service of qualifying the petition for the ballot, so long as the individuals who actually circulate the petition are not paid based on the number of signatures obtained. The chief petitioners are responsible for insuring that agents of the chief petitioner (anyone who is delegated the task of obtaining signatures on the initiative or referendum petition) do not violate Section 1b.

(5) Violations of Section 1b or ORS 260.569 will be processed under 260.995 as civil penalties. Penalties may be assessed against chief petitioners or any other persons who either directly or indirectly pay based on the number of signatures or voter registration cards obtained. Liability may be imposed on chief petitioners as provided in 260.561. Violations of Section 1b or 260.569 will be calculated by deeming each individual signature sheet or voter registration card that contains signatures that were collected in violation of Section 1b or 260.569 as a single occurrence.

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 250.045 & 260.995
ELECT 3-2016, f. & cert. ef. 7-6-16
ELECT 16-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 15-2011, f. & cert. ef. 8-11-11
ELECT 22-2007, f. & cert. ef. 12-31-07
ELECT 15-2003, f. & cert. ef. 10-15-03

Or. Admin. R. 165-014-0270 Circulator Certification

(1) This rule applies to prospective initiative, initiative, referendum, recall, candidate nominating, minor political party formation and voters’ pamphlet petitions.

(2) Circulators must certify that they witnessed the signing of the signature sheet by each individual whose signature appears on the sheet and that they believe each signer is an elector by completing the certification at the bottom of the signature sheet.

(3) A petition signature sheet will be rejected if the circulator certification is not completed or determined to be insufficient.

(4) The circulator certification is considered complete if it consists of a signature and a date that have been determined to be sufficient under the Circulator Certification Matrix contained in Appendix A which is incorporated into this rule by reference.

(5) For circulators required to be registered under ORS 250.048, the handwriting characteristics and factors set forth in the Vote by Mail Procedures Manual adopted under OAR 165-007-0030 will be used to evaluate and determine whether the certification signature on a petition sheet matches signatures provided as examples on any SEL 308, Circulator Registration, accepted for the petition cycle.

(6) For circulators not required to be registered under ORS 250.048, the handwriting characteristics and factors set forth in the Vote by Mail Procedures Manual adopted under OAR 165-007-0030 will be used to evaluate and determine whether the certification signature on a petition sheet matches signatures contained in the circulator’s voter registration record.

(7) If the circulator is not required to be registered under ORS 250.048 and an Oregon voter registration record bearing the circulator’s signature is not available as an exemplar, the elections official will notify the chief petitioners or authorized agent by telephone and email, providing an opportunity to submit an alternative exemplar of the circulator’s signature.

(a) To be considered, the chief petitioners or authorized agent must deliver an alternative exemplar to the elections official no later than 5 pm of the following business day that is at least 24 hours from the time notification was made. Additional time to provide an alternative exemplar may be allowed only if the chief petitioners or authorized agent requests it and if allowing the additional time does not delay the signature verification process.

(b) The alternative exemplar must be a signature on an official government-issued document such as a driver’s license or passport, and must have been executed before the date of the attempted certification of the petition signature sheet.

(c) The handwriting characteristics and factors set forth in the Vote by Mail Procedures Manual adopted under OAR 165-007-0030 will be used to evaluate and determine whether the certification signature on a petition sheet matches the signature on the alternative exemplar.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: 246.150, 249.008, 250.105, 250.215, 250.315 & 255.175
Statutes/Other Implemented: 249.008, 249.061, 249.740, 249.865, 249.875, 250.045, 250.105, 250.215, 250.315 & 255.175
ELECT 5-2018, amend filed 01/05/2018, effective 01/05/2018
ELECT 6-2013, f. & cert. ef. 11-8-13
ELECT 8-2012, f. & cert. ef. 1-3-12
ELECT 23-2007, f. & cert. ef. 12-31-07
ELECT 4-2005, f. & cert. ef. 4-8-05

Or. Admin. R. 165-014-0275 Completion of Optional Information on Petition Sheets

(1) The purpose of this rule is to establish standards governing what an Elections Official will review for in determining if there has been a violation of ORS 260.567. This rule applies to all state and local initiative, referendum, recall and candidate nominating petitions.

(2) A petition signature sheet will be rejected for noncompliance with ORS 260.567 and not included in the sample if:

(a) The same handwriting appears to have completed the optional information on all lines of the petition sheet;

(b) Optional information on all lines has been entered, altered, corrected, clarified or obscured by typewriting or other mechanical means;

(d) For any other reason the Elections Official determines from the face of the signature sheet that a person or persons other than the petition signers entered, altered, corrected, clarified or obscured any information about the person who signed the signature sheet, including the optional fields of printed name, residence address and date signed.

(3) If the same handwriting appears to have completed the optional information on multiple lines only the first signature line will be included in the sample. All other lines will be rejected for noncompliance with ORS 260.567 and will not be included in the sample.

(4) Notwithstanding paragraphs (2) and (3) of this rule, a signature sheet or an individual signature line will not be rejected for noncompliance with ORS 260.567 if:

(a) Each entry or change of information made by a person other than the signer, was subsequently initialed by the person who signed the signature sheet; or

(b) Each entry or change of information occurred with regard to a signer who is a person with a disability who requested assistance in writing, altering, correcting, clarifying or obscuring on the petition sheet any information about the person.

(5) For purposes of this rule, “optional information” means information in the optional fields of printed name, residence address and date signed.

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 260.567
ELECT 14-2011, f. & cert. ef. 8-4-11
ELECT 24-2007, f. & cert. ef. 12-31-07

Or. Admin. R. 165-014-0285 Circulating Unpaid Petitions by Paid Petition Circulators

Under ORS 250.048(9), a person may not obtain signatures on a petition or prospective petition for which the person is being paid and, at the same time, obtain signatures on a petition or prospective petition for which the person is not being paid. For purposes of ORS 250.048(9), “at the same time” means during any time period for which the person is being paid to circulate any petition or prospective petition. “At the same time” does not include any lunch or other break period for which a person is not paid to circulate any such petition, as reflected in the person’s payroll records required to be submitted under OAR 165-014-0100.

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 250.048
ELECT 8-2010, f. & cert. ef. 11-5-10

Division 16 VOTERS’ PAMPHLET

Or. Admin. R. 165-016-0000 Temporary rule language in effect until 02/15/2027. Designating the State Voters’ Pamphlet Manual and Forms

The Secretary of State designates the State Voters’ Pamphlet Manual, revised 08/2026 and associated forms as the procedures and forms to be used to submit candidate statements, measure arguments, statements of arguments by any political party or assembly of electors, arguments in support of a legislative referral, and filer submitted translations allowed by statute, explanatory statements, financial estimates and statements, statements prepared by the Legislative Counsel Committee under ORS 251.225, and a community college district measure relating to bonding, a county measure, or a metropolitan service district measure submitted under ORS 251.285.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 246.150, ORS 251.012, ORS 251.014, ORS 251.055, ORS 251.065, ORS 251.075, ORS 251.087, ORS 251.095, ORS 251.115, ORS 251.167, ORS 251.170 & ORS 251.255
Statutes/Other Implemented: ORS 251.026, ORS 251.046, ORS 251.065, ORS 251.075, ORS 251.085, ORS 251.087, ORS 251.095, ORS 251.115, ORS 251.167, ORS 251.170, ORS 251.173, ORS 251.185, ORS 251.255, ORS 251.285 & ORS 251.315
ELECT 17-2026, temporary amend filed 08/20/2026, effective 08/20/2026 through 02/15/2027
ELECT 1-2026, amend filed 01/16/2026, effective 01/19/2026
ELECT 5-2025, temporary amend filed 09/11/2025, effective 09/11/2025 through 03/09/2026
ELECT 3-2024, amend filed 01/19/2024, effective 01/22/2024
ELECT 24-2022, temporary amend filed 08/23/2022, effective 08/23/2022 through 02/04/2023
ELECT 22-2022, temporary amend filed 08/08/2022, effective 08/09/2022 through 02/04/2023
ELECT 11-2022, amend filed 02/02/2022, effective 02/04/2022
ELECT 12-2021, temporary amend filed 12/22/2021, effective 12/22/2021 through 03/07/2022
ELECT 2-2020, amend filed 02/26/2020, effective 02/26/2020
ELECT 8-2018, amend filed 02/27/2018, effective 02/27/2018
ELECT 2-2016, f. & cert. ef. 7-6-16
ELECT 13-2015, f. 12-31-15, cert. ef. 1-1-16
ELECT 9-2014, f. & cert. ef. 3-11-14

Or. Admin. R. 165-016-0095 Inclusion Fees for County and Metropolitan Service District Measures

(1) The purpose of this rule is to establish a schedule of fees for community college districts, counties or metropolitan service districts filing measures to be included in the State Voters' Pamphlet.

(2) Each argument for a county, community college district or metropolitan service district measure filed with the county must be accompanied by a filing fee not to exceed $300 or a verified petition containing not more than a number of signatures equal to 1,000 electors eligible to vote on the measure or 10 percent of the total of such electors, whichever is less.

(3) The county, community college district or metropolitan service district shall pay the Secretary of State a fee for each argument based on the population of the county or district. The fee schedule is as follows:

(a) For a county or district with a population of less than 10,000 within a county — $100.00;

(b) For a county or district with a population between 10,000 and 50,000 within a county — $200.00;

(4) Each page consumed by the ballot title and explanatory statement will be billed to the county or district at the same rate described in section (3) of this rule.

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 251.285
ELECT 8-2018, amend filed 02/27/2018, effective 02/27/2018
ELECT 6-2010, f. & cert. ef. 11-1-10
ELECT 7-2006, f. & cert. ef. 4-18-06
ELECT 15-2000, f. & cert. ef. 8-7-00
ELECT 3-2000, f. & cert ef. 1-14-00
ELECT 8-1998, f. & cert. ef. 6-2-98
ELECT 4-1998(Temp), f. & cert. ef. 2-23-98 thru 4-21-98

Division 20 SPECIAL DISTRICT ELECTIONS

Or. Admin. R. 165-020-0007 Form SEL 704 as Cash/Security Deposit

The Secretary of State hereby designates Form SEL 704 to comply with ORS 198.775 in contents required in filing a Cash/Security Deposit. Form SEL 704 shall be the deposit form and shall contain:

(1) Name of district to be annexed, formed, withdrawn or dissolved.

(2) Number of precincts in the district.

(3) Number of dollars to be charged for each precinct.

(4) Total deposit amount.

(5) Oath of the chief petitioners to pay any costs in excess of total deposit.

(6) Chief petitioners’ names, addresses, and phone numbers.

(7) Names and addresses of any persons or organizations providing any part of cash, bond or other security deposit and the amount of contribution or value of secured deposit.

(8) Attachment of description of secured deposit(s).

(9) Attachment of additional contributors.

(10) Date of chief petitioner’s signature.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 198.775 & 246.150
Statutes/Other Implemented: ORS 198.775
ELECT 24-1993, f. & cert. ef. 6-21-93
SD 6-1984, f. & ef. 3-19-84
SD 4-1984(Temp), f. & ef. 2-9-84

Or. Admin. R. 165-020-0020 Notice of Election of Board Members for Special Districts

(1) The Secretary of State hereby adopts by reference and designates SEL 815, Notice of Election of Board Members for Special Districts to comply with ORS 255.069.

(2) The elections officer shall deliver the SEL 815, or similar form that contains at a minimum the information set forth in subsection (3) of this rule, to each district elections authority, no later than the dates prescribed in ORS 255.069(1). The elections officer shall instruct the district elections authority to review the information on the form and make additions and corrections as necessary. If the information supplied by the elections officer to the district elections authority is correct, the district elections authority shall so indicate.

(3) The SEL 815 shall contain:

(a) Name of district;

(b) Date of election;

(d) Title of office;

(e) Term of each office;

(f) Name of county in which declaration of candidacy or petition of nomination is to be filed;

(g) Deadline for candidate filings;

(h) Designation of newspaper in which legal notice is to be published; and

(i) Signature of authorized district election authority, title and date signed.

(4) The elections officer shall prepare the notice required by ORS 255.075 using the updated information submitted by the district elections authority under subsection (2) of this rule.

(5) In making the designation of a newspaper of general circulation in the district for publication of the district's notices the elections officer shall consider the criteria set forth in ORS 193.020.

(6) In addition to the information required in a publication made pursuant to ORS 255.075, the elections officer shall also include a statement as to where declarations of candidacy and petitions for nomination may be filed.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 246.120 & 246.150
Statutes/Other Implemented: ORS 255.075
ELECT 36-2009, f. & cert. ef. 12-31-09
ELECT 26-2007, f. & cert. ef. 12-31-07
ELECT 10-2003, f. & cert. ef. 9-3-03
ELECT 29-1993, f. & cert. ef. 7-23-93
SD 13-1980, f. & ef. 2-1-80

Or. Admin. R. 165-020-0021 Record Retention for Preparation of Notice of Election of Board Members for Special Districts

(1) In accordance with ORS 255.069(4) the election officer shall retain completed SEL 815, Notice of Election of Board Members for Special Districts, filed by the district elections authority in a file maintained for that purpose. All forms shall be kept for a period of at least 4 years after the district election for which the form was completed.

(2) To maintain adequate records for preparation of the SEL 815 by the elections officer, the district elections authority must notify the elections officer of any vacancy as soon as practicable. If the vacancy occurs after the 101st day before the regular district election and on or before the 62nd day before the regular district election, the district elections authority must immediately notify the elections officer, but not later than the next business day.

(3) When a person is appointed to fill a vacancy in a district office, the district elections authority must give written notice to the elections officer within two business days after such appointment is made.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 255.069
ELECT 26-2007, f. & cert. ef. 12-31-07

Or. Admin. R. 165-020-0030 Designation of Identification Numbers for Measures of Special Districts Located in More Than One County

(1) ORS 246.150 requires the Secretary of State to adopt rules to facilitate correctness, impartiality and efficiency in administering elections laws. ORS 254.108 directs the Secretary of State to provide a means of numbering a measure of a special district located in more than one county.

(2) Measures of special districts located in more than one county shall be numbered consecutively in the order in which the measures are filed with the district's election officer. These measures shall be identified by a unique prefix number. This prefix number shall be assigned by the special district's election officer. For the purpose of this rule, and as provided by ORS 255.005(5)(b), the election officer shall be the county clerk of the county in which the administrative office of the district is located.

(3) The following are the unique prefix numbers which shall be assigned by the special district election officer:

(a) Baker — 1;

(b) Benton — 2;

(d) Clatsop — 4;

(e) Columbia — 5;

(f) Coos — 6;

(g) Crook — 7;

(h) Curry — 8;

(i) Deschutes — 9;

(j) Douglas — 10;

(k) Gilliam — 11;

(l) Grant — 12;

(m) Harney — 13;

(n) Hood River — 14;

(o) Jackson — 15;

(p) Jefferson — 16;

(q) Josephine — 17;

(r) Klamath — 18;

(s) Lake — 19;

(t) Lane — 20;

(u) Lincoln — 21;

(v) Linn — 22;

(w) Malheur — 23;

(x) Marion — 24;

(y) Morrow — 25;

(z) Multnomah — 26;

(aa) Polk — 27;

(bb) Sherman — 28;

(cc) Tillamook — 29;

(dd) Umatilla — 30;

(ee) Union — 31;

(ff) Wallowa — 32;

(gg) Wasco — 33;

(hh) Washington — 34;

(ii) Wheeler — 35;

(jj) Yamhill — 36.

(4) The election officer for a special district located in more than one county shall immediately certify a measure to the appropriate county clerk(s).

History

Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 254.108 & 255.005
ELECT 10-2003, f. & cert. ef. 9-3-03
SD 1-1981, f. & ef. 7-21-81
SD 38-1980(Temp), f. & ef. 3-17-80

Or. Admin. R. 165-020-0035 Nominating Schedule for Filling Vacancy in Office of Board Member of District

(1) The purpose of this rule is to provide a nominating schedule for candidates' names to be printed on the official district election ballot to fill the remainder of an unexpired term resulting from a vacancy in the office of an elected board member.

(2) This rule shall apply only when a vacancy in the office of an elected board member occurs after the 101st day before the regular district election and on or before the 62nd day before the regular district election.

(3) As soon as practicable after a vacancy in the office of district board member occurs the district elections authority shall deliver written confirmation of the vacancy to the elections officer. The written confirmation shall include the office information, position or zone number and the expiration date of the term.

(4) Upon receipt of the written confirmation of the vacancy the elections officer shall publish in the next available edition of a newspaper of general circulation or mail to each elector of the district an amended notice of district board election. The amended notice shall contain:

(a) All the information contained in the original published notice, including the same filing date and time, for the office(s) originally scheduled for election;

(b) The new office information for the office in which the vacancy exists; and

(c) The filing deadline date and time, as determined by the elections officer, for the office in which the vacancy exists.

(5) Candidates shall file for election in accordance with ORS 255.235(1)(a) and (b).

(6) The elections officer shall accept candidate filings for not fewer than seven calendar days after receipt of written confirmation of vacancy.

(7) The office title only shall be printed on the ballot in those cases when no nominations are received by the election officer.

History

Statutory/Other Authority: ORS 246.150 & ORS 255.245
Statutes/Other Implemented: ORS 255.245
ELECT 26-2007, f. & cert. ef. 12-31-07
SD 2-1984, f. & ef. 1-19-84
SD 1-1979, f. & ef. 1-18-79
SD 2-1978(Temp), f. & ef. 2-28-78

Or. Admin. R. 165-020-0050 Purpose

(1) This rule provides a uniform billing system for state, county, city and special district elections as authorized under ORS 246.179, 254.046, and 255.305.

(2) All chargeable costs incurred by the county election officer for the conduct of an election held for the state on a date other than the primary or general election, shall be paid by the state, if provided by the act calling for the election or pursuant to ORS 246.179.

(3) All chargeable costs incurred by the county election officer for the conduct of an election held for a city on a date other than the primary or general election, shall be paid by the city.

(4) All chargeable costs incurred by the county election officer for the conduct of an election held for a special district shall be paid by the special district. Chargeable costs do not include expenses incurred by the county election officer for the election of directors of a soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933.

(5) Any chargeable cost billed for an election shall be supported by such documentation as copies of payroll registers, invoices, vouchers, sales slips, billings, and receipts. Any cost not specified in this rule, or any unsupported chargeable cost, need not be paid.

(6) Documentation will be provided to the electoral districts upon request.

(7) Any electoral district bills and supporting documentation shall be subject to audit by the secretary of state at any time for the purpose of verifying the accuracy of the chargeable costs.

(8) The following forms are adopted by reference and designated for use to detail all costs to be billed to each electoral district holding an election:

(a) Election Equipment Amortization Worksheets forms SEL 950, SEL 950A, or SEL 950B.

(A) These forms shall be the forms used for calculating the amortization of election equipment.

(B) The total amortization costs billed to electoral districts over the years the election equipment is used cannot exceed the total cost of purchasing, operating and maintaining the equipment during the years the equipment is used.

(C) Amortization of election equipment is not mandatory; however, any county election official who chooses to amortize such equipment must use a method designated by this rule.

(b) Average Ballots Cast/Average Aggregate Registration Worksheet form SEL 951 shall be the form used for computing the average number of ballots cast per election for prior four years.

(d) Local Elections Billing Worksheet form SEL 953 shall be the form used for computing the total district cost.

(e) Voters’ Pamphlet Cost Worksheet form SEL 955 shall be the form used for computing the voters’ pamphlet cost allocated to each district.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 246.150, 246.179 & 255.305
Statutes/Other Implemented: ORS 246.179, 251.365, 254.046 & 255.305
ELECT 4-2013, f. & cert. ef. 6-4-13
ELECT 7-2010, f. & cert. ef. 11-1-10
ELECT 37-2009, f. & cert. ef. 12-31-09
ELECT 14-2009, f. & cert. ef. 6-30-09
ELECT 26-2007, f. & cert. ef. 12-31-07
ELECT 4-2004, f. & cert. ef. 4-15-04
ELECT 10-2003, f. & cert. ef. 9-3-03
ELECT 11-2000, f. & cert. ef. 6-7-00
ELECT 22-1990, f. & cert. ef. 6-4-90
ELECT 2-1990(Temp), f. & cert. ef. 1-19-90
SD 16-1984, f. & ef. 9-5-84
SD 40-1980, f. & ef. 4-2-80

Or. Admin. R. 165-020-0055 Definition of Terms

(1) "Adjustment Cost." A value which occurs when the voter registration of a district which did not have an excess credit is multiplied by the adjustment cost per elector.

(2) "Adjustment Cost Per Elector." A unit charge derived by dividing the total excess credit by the adjustment registration.

(3) "Adjustment Registration." The total aggregate registration minus the registration of those districts which have an excess credit.

(4) "Aggregate Registration." The total number of district offices plus the total number of district measures multiplied by the number of active electors in the district.

(5) "Allocated Cost." The total of all costs on the "Allocated Cost Worksheet for Vote By Mail Elections (SEL 952 VBM) incurred by the county election officer for a given election.

(6) "Allocated Cost Per Elector." A unit charge determined by dividing the allocated cost by the aggregate registration.

(7) "Amortization." The allocation of a cost of an asset over its estimated economic life:

(a) "Estimated Economic Life." The period of time over which the asset will be used. This period of time cannot be longer than the estimated physical life of the asset;

(b) "Hardware." The physical equipment used in an information system;

(d) "Hardware Maintenance Agreement." An annual expenditure for the repair or preventative maintenance of the hardware portion of an information system;

(e) "Software License or Royalty." An expenditure for the licensed use of an information system's software.

(8) "Chargeable Cost." A charge directly associated with and incurred by the county election officer to conduct a given election. Chargeable costs include each district office and district measure’s apportioned costs and dedicated expenditures. Chargeable costs apply only to those district offices and district measures qualified to appear on the ballot. Costs associated with a county's voters' pamphlet shall be considered chargeable costs for local elections.

(9) "Apportioned Cost." A value which occurs when the aggregate registration for each district office and district measure is multiplied by the allocated cost per elector.

(10) "Dedicated Expenditure" Any charge associated with and incurred by the county election officer to conduct a given election but specific to one electoral district and not to be shared or apportioned to any other electoral district; such as notice of ballot title.

(11) "Election Cost." The billing cost for a district election. A value derived by subtracting the adjustment cost from the value in the total chargeable costs minus total revenue column for each district on the "Local Elections Billing Worksheet" (SEL 953).

(12) "District." A state, county, city, special district, or other municipal corporation for which the county election officer is required to hold an election.

(13) "Excess Credit." A value which occurs when the total revenue from a district exceeds the total cost for that district election.

(14) "Revenue." The deposits placed on account with the county election officer as provided in ORS 198.775, 261.210, and 607.025 and revenues received from submission of candidate statements and arguments for publication of the county voters' pamphlet.

(15) “Office.” Any elected office qualified for the ballot.

(16) “Measure.” A proposed law, an Act or part of an Act of the Legislative Assembly, a revision of or amendment to the Oregon Constitution, local, special or municipal legislation or a proposition or question submitted to the people for their approval or rejection at an election.

(17) “Total District Cost.” The total cost to a district for each office and measure filed on the ballot.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 246.179, 251.365, 254.046 & 255.305
Statutes/Other Implemented: ORS 246.179, 251.365, 254.046 & 255.305
ELECT 14-2009, f. & cert. ef. 6-30-09
ELECT 26-2007, f. & cert. ef. 12-31-07
ELECT 12-2000, f. & cert. ef. 6-7-00
ELECT 35-1992, f. & cert. ef. 12-15-92
Reverted to ELECT 22-1990, f. & cert. ef. 6-4-90
ELECT 12-1992(Temp), f. & cert. ef. 5-18-92
ELECT 22-1990, f. & cert. ef. 6-4-90
ELECT 2-1990(Temp), f. & cert. ef. 1-19-90
SD 16-1984, f. & ef. 9-5-84
SD 40-1980, f. & ef. 4-2-80

Or. Admin. R. 165-020-0445 Adjusting the Terms of Office for Douglas County Transportation District Directors

(1) This rule adjusts the terms of office of the district directors for the Douglas County Transportation District, a special district formed in Douglas County, and with governing directors elected at the November 6, 2018 general election. The terms must be adjusted to expire in odd-numbered years to conform to the regular district election schedule in ORS 255.335.

(2) The position numbers are assigned the following length of terms:

(a) Position 1, term to expire June 30, 2019;

(b) Position 2, term to expire June 30, 2019;

(d) Position 4, term to expire June 30, 2021;

(e) Position 5, term to expire June 30, 2021;

(f) Position 6, term to expire June 30, 2021; and

(g) Position 7, term to expire June 30, 2021.

(3) Following the expiration of these adjusted terms, each position will be filled by election at the regular district election for a four year term.

History

Statutory/Other Authority: ORS 246.150 & 255.325
Statutes/Other Implemented: ORS 255.335
ELECT 2-2019, adopt filed 02/11/2019, effective 02/11/2019

Or. Admin. R. 165-020-0125 Adjusting Terms of Special District Board Members; Ukiah School Dist., Umatilla Co.

Text in ORMS

History

SD 5-1984, f. & ef. 4-23-84
Reverted to SD 5-1984, f. & ef. 4-23-84
Sunset on 09-28-2017

Or. Admin. R. 165-020-0125 Adjusting Terms of Special District Board Members; Rajneeshpuram Rural Fire Protection Dist., Wasco Co.

Text in ORMS

History

Reverted to SD 11-1983, f. & ef. 3-31-83
Sunset on 09-28-2017
SD 11-1983, f. & ef. 3-31-83
SD 5-1983(Temp), f. & ef. 3-31-83

Or. Admin. R. 165-020-0125 Adjusting Terms of Special District Board Members; Lake Creek Rural Fire Protection Dist., Jackson

Text in ORMS

History

Reverted to SD 7-1983, f. & ef. 3-17-83
Sunset on 09-28-2017
SD 7-1983, f. & ef. 3-17-83
SD 3-1983(Temp), f. & ef. 2-11-83

Or. Admin. R. 165-020-0125 Adjusting Terms of Special District Board Members; Moro Rural Fire Protection Dist.,Sherman Co.

Text in ORMS

History

Reverted to SD 6-1983, f. & ef. 3-3-83
SD 6-1983, f. & ef. 3-3-83
Sunset on 09-28-2017
SD 2-1983(Temp), f. & ef. 2-4-83

Or. Admin. R. 165-020-0125 Adjusting Terms of Special District Board Members; Wallowa Lake Water Supply and Sanitary Authority, Wallowa Co.

Text in ORMS

History

SD 44-1985, f. & ef. 11-25-85
Reverted to SD 44-1985, f. & ef. 11-25-85
Sunset on 09-28-2017

Division 22 COUNTY VOTERS’ PAMPHLET

Or. Admin. R. 165-022-0000 Definitions

(1) The terms used in this chapter have the same definitions as identified in ORS 251.005(1), (3), (4), (5). For this chapter, the terms:

(a) "Statements" refers to the county voters' pamphlet filings made by candidates;

(b) "Arguments" refers to the filings of measure arguments for inclusion in the county voters' pamphlet;

(d) "Filing forms" for candidate statements, explanatory statements and measure arguments refers to the forms required and provided by the county clerk;

(e) "City office" means any elected position of a city as specified by state law or city charter.

(f) "Local government" means the county or a city, or district as defined in ORS 255.012 located within the county.

(2) For elected public offices, the terms:

(a) "Paid office" means any elected public office for which the person elected will receive a fixed salary. For purposes of this rule, per diem and reimbursement for expenses do not constitute a fixed salary;

(b) "Unpaid office" means any elected public office which is not a paid office.

(3) Recall measures may be excluded from the county voters' pamphlet.

History

Statutory/Other Authority: ORS 246.150, 251.305 & 251.325
Statutes/Other Implemented: ORS 251.305
ELECT 7-2006, f. & cert. ef. 4-18-06
ELECT 6-1994, f. & cert. ef. 3-31-94
ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3000
ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91
ELECT 6-1991(Temp), f. & cert. ef. 7-2-91
ELECT 19-1989, f. & cert. ef. 10-16-89

Or. Admin. R. 165-022-0010 Filing Officer and Schedule for Filing Explanatory Statements, Measure Arguments and Candidate Statements

(1) Any county, for any election, may choose to produce a county voters’ pamphlet. This rule applies to any county which produces a voters’ pamphlet. The purpose of this rule is to:

(a) Establish the filing officer for an explanatory statement required to be filed under ORS 251.345;

(b) Establish the schedule for the explanatory statement to be filed and certified to any other county in which the district or city is located;

(d) Establish the deadline to submit candidate statement and portrait for inclusion in any election which is not a primary or general election.

(2)(a) When a county chooses to produce a county voters’ pamphlet, the county clerk is the filing officer for:

(A) County, city, or special district candidates submitting candidate statements and portraits for inclusion in county voters’ pamphlets; and

(B) Measure arguments for or against a county, city, or special district measure.

(b) If a city or special district is located in more than one county, candidate statements and portraits, and measure arguments for or against the measure must be filed with each county producing a voters’ pamphlet for inclusion in each county’s voters’ pamphlet.

(3)(a) When a county chooses to produce a county voters’ pamphlet, notices of measure election for a referral by the applicable governing body and an accompanying explanatory statement must be filed with the county clerk of the county in which the city hall of the city or the administrative office of the county, city, or special district is located.

(b) The deadline to file a notice of measure election and an accompanying explanatory statement is 5:00 p.m. on the applicable deadline provided in ORS 254.095, ORS 254.103, or ORS 255.085.

(c)The county clerk for the county in which the notice of measure election and explanatory statement is filed shall forward the notice and explanatory statement to the county clerk of any other county in which the district or city is located.

(4)(a) ORS 251.335(3)(a) and (b) set forth the deadline by which a candidate or the candidate’s agent may file a candidate statement and portrait for inclusion in primary and general election county voters’ pamphlets.

(b) Except as provided in subsection (c) and (d) of this section, the deadline for a candidate to file a candidate statement and portrait for inclusion in a county voters’ pamphlet is not later than 5:00 p.m. on the 60th day before the election.

(c) When an election to fill a vacancy is held on the same date as a primary or general election, the deadline for a candidate to file a candidate statement and portrait for inclusion in a county voters’ pamphlet is not later than the dates specified in ORS 251.335(3)(a) or (b).

(d) When a vacancy occurs and the deadline for the candidate to file a declaration of candidacy or nominating petition is after the 61st day before the election, the deadline for a candidate to file a candidate statement and portrait for inclusion in a county voters’ pamphlet is not later than the deadline for the candidate to file a declaration of candidacy or nominating petition.

(e) For candidates on any election ballot whose names are certified to a subsequent runoff election ballot for the same office, and where the voters’ pamphlet filing deadline for the subsequent runoff election falls on or before the date of the first election, the deadline for a candidate to file a candidate statement and portrait for inclusion in a county voters’ pamphlet for the subsequent runoff election is not later than 5 p.m. on the second business day after the first election.

(5) The deadline to file an argument for or against a measure for inclusion in the county voters’ pamphlet is not later than 5 p.m. on the second business day after the deadline for filing a notice of measure election.

(6) The deadline to file any statements of endorsement for a candidate statement or measure argument is the same date as the deadline for filing the applicable candidate statement or measure argument.

(7) Filings become disclosable according to the following schedule:

(a) Explanatory statements become disclosable upon filing;

(b) The text of all candidate statements shall become disclosable on the fourth business day after the filing deadline;

History

Statutory/Other Authority: ORS 246.150, ORS 251.325, ORS 251.335 & SB 578 (2025)
Statutes/Other Implemented: ORS 246.150, ORS 251.305, ORS 251.325, ORS 251.335, SB 578 (2025) & ORS 251.355
ELECT 3-2026, amend filed 02/11/2026, effective 02/11/2026
ELECT 11-2001, f. & cert. ef. 5-7-01
ELECT 4-1995, f. & cert. ef. 3-10-95
ELECT 6-1994, f. & cert. ef. 3-31-94
ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3010
ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91
ELECT 6-1991(Temp), f. & cert. ef. 7-2-91
ELECT 19-1989, f. & cert. ef. 10-16-89

Or. Admin. R. 165-022-0030 Filing Candidate Statement and Portrait

(1) Any candidate for local office may file a candidate statement and portrait with the county clerk of each county in which the local government is located.

(2) The county clerk may require that the candidate statement be typewritten and submitted on a form approved by the county clerk.

(3) The content of statements shall conform to ORS 251.395:

(a) The names of persons or organizations to be excluded from statements shall conform to ORS 251.405;

(b) Candidate portrait requirements shall conform to ORS 251.075;

(d) The identification of the candidate's portrait or statement shall conform to ORS 251.125;

(4) Candidate statements shall be limited to 325 words.

(5) All materials submitted by a candidate for inclusion in a county voters' pamphlet shall fit within 30 square inches of space.

History

Statutory/Other Authority: ORS 246.150 & 251.325
Statutes/Other Implemented: ORS 251.325
ELECT 7-2006, f. & cert. ef. 4-18-06
ELECT 6-2000, f. & cert. ef. 3-20-00
ELECT 6-1994, f. & cert. ef. 3-31-94
ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3030
ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91
ELECT 6-1991(Temp), f. & cert. ef. 7-2-91
ELECT 19-1989, f. & cert. ef. 10-16-89

Or. Admin. R. 165-022-0040 Filing Explanatory Statements

(1) The governing body for any local government which has referred a measure to the voters, shall submit an impartial, simple and understandable statement explaining the measure and its effect.

(2) For any initiative or referendum by petition, an impartial, simple and understandable statement explaining the measure and its effect shall be submitted by the governing body of the local government only if the local government has an ordinance requiring the submission of such a statement.

(3) Explanatory statements shall be limited to 500 words.

(4) The county clerk shall reject any referred measure submitted without an explanatory statement.

History

Statutory/Other Authority: ORS 246.150, 251.305 & 251.325
Statutes/Other Implemented: ORS 251.345
ELECT 7-2006, f. & cert. ef. 4-18-06
ELECT 6-1994, f. & cert. ef. 3-31-94
ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3040
ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91
ELECT 6-1991(Temp), f. & cert. ef. 7-2-91
ELECT 19-1989, f. & cert. ef. 10-16-89

Or. Admin. R. 165-022-0050 Filing Measure Arguments

(1) Any person may file an argument supporting or opposing a measure with each county clerk of the counties in which the local government that filed the measure is located if the counties will be publishing a voters' pamphlet.

(2) The county clerk may require that an argument supporting or opposing a measure be typewritten or legibly printed and submitted on a form approved by the county clerk.

(3) The content of arguments shall conform to ORS 251.395:

(4) The names of persons or organizations to be excluded from arguments shall conform to ORS 251.405;

(5) Arguments shall be limited to 325 words.

(6) All materials submitted for inclusion in a county voters' pamphlet shall not exceed 30 square inches of space.

(7) Filing fees or signature petitions for arguments shall be filed with the county clerk at the time of submitting the arguments.

(8) A verified signature petition may be substituted for the appropriate filing fee for measure arguments (ORS 251.355). The petition shall be submitted on forms prescribed by the county clerk.

(9) The filing fees for measure arguments shall be based upon the electoral jurisdiction's registration as of January 1st of the election year.

(10) The filing fees shall be:

(a) For a jurisdiction with voter registration of less than 1,000 within a county — $100.00;

(b) For a jurisdiction with voter registration between 1,000 and 4,999 within a county — $200.00;

(d) For a jurisdiction with voter registration between 10,000 and 24,999 within a county — $350.00;

(e) For a jurisdiction with voter registration over 25,000 within a county — $400.00;

(11) Refunds of filing fees shall conform to ORS 251.325(5) and the procedures established by the county clerk.

History

Statutory/Other Authority: ORS 246.150, 251.305 & 251.325
Statutes/Other Implemented: ORS 251.355
ELECT 7-2006, f. & cert. ef. 4-18-06
ELECT 6-1994, f. & cert. ef. 3-31-94
ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3050
ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91
ELECT 6-1991(Temp), f. & cert. ef. 7-2-91
ELECT 19-1989, f. & cert. ef. 10-16-89

Or. Admin. R. 165-022-0060 Printing and Distributing the County Voters’ Pamphlet

(1) The county clerk shall print the voters' pamphlet using a format which allows for equal space for every statement and portrait.

(2) Candidate portraits shall be printed 1.5 inches by 1.75 inches.

(3) Measure arguments may be printed in a continuous running format.

(4) The county clerk may edit any statements or arguments which do not conform to the allocated space and word count requirements.

(5) The preparation and order of materials for the county voters' pamphlet may be organized by electoral jurisdiction in the following order:

(a) Measure, explanatory statement and arguments:

(A) Measure arguments shall follow the relating measure; arguments in support are placed first and arguments in opposition shall be placed second and are placed in the order the arguments are received by the county clerk;

(B) The identification of a measure argument and the disclaimer to be included in the county voters' pamphlet shall conform to ORS 251.355.

(b) Candidates. The identification of a candidate statement and the disclaimer to be included in the county voters’ pamphlet shall conform to ORS 251.335.

(6) The county clerk shall mail or distribute the county voters' pamphlet by the seventh day before the election or the last day for mailing ballots if the election is conducted by mail.

(7) The county clerk shall mail or distribute the county voters' pamphlet in such a manner as to ensure at least one voters' pamphlet to each household with a registered voter within the jurisdictional boundary of any local government that is involved in an election.

History

Statutory/Other Authority: ORS 246.150 & 251.325
Statutes/Other Implemented: ORS 251.325
ELECT 7-2006, f. & cert. ef. 4-18-06
ELECT 6-2000, f. & cert. ef. 3-20-00
ELECT 6-1994, f. & cert. ef. 3-31-94
ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3060
ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91
ELECT 6-1991(Temp), f. & cert. ef. 7-2-91
ELECT 19-1989, f. & cert. ef. 10-16-89

Or. Admin. R. 165-022-0070 Notification Between Electoral Jurisdictions

(1) If a local government is located in more than one county, the county clerk with whom the filings are made shall certify, within one business day after the filing deadline, to the county clerk of another county in which the local government is located:

(a) Copies of all measures;

(b) Copies of all explanatory statements;

(2) If a candidate files for office with a filing officer other than a county clerk, the filing officer shall include a copy of such candidate filing when the officer certifies the ballot information to the county clerk.

(3) If a candidate or measure for a local government which is located in more than one county will appear in more than one county’s voters’ pamphlet, the candidate filing a statement or the person filing an argument is responsible for filing the information and appropriate fee with the other county clerks for inclusion in another county voters’ pamphlet.

History

Statutory/Other Authority: ORS 246.150, 251.305 & 251.325
Statutes/Other Implemented: ORS 251.325
ELECT 6-1994, f. & cert. ef. 3-31-94
ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3070
ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91
ELECT 6-1991(Temp), f. & cert. ef. 7-2-91
ELECT 19-1989, f. & cert. ef. 10-16-89

Or. Admin. R. 165-022-0080 Billing Electoral Jurisdictions for County Voters’ Pamphlet

The formula used to determine the apportioned expenditure and revenue allocations for the county voters’ pamphlet as related to election costs is outlined in OAR 165-020-0050, 165-020-0055, and 165-020-0060, Billing for Local Elections.

History

Statutory/Other Authority: ORS 246.150, 251.305 & 251.325
Statutes/Other Implemented: ORS 251.365
ELECT 6-1994, f. & cert. ef. 3-31-94
ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3080
ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91
ELECT 6-1991(Temp), f. & cert. ef. 7-2-91
ELECT 19-1989, f. & cert. ef. 10-16-89

Division 24 TRANSLATION ADVISORY COUNCIL

Or. Admin. R. 165-024-0005 Translations Definitions

(1) The following definitions apply for purposes of OAR 165-024-0010 and OAR 165-024-0020.

(2) Candidate Filer means a candidate or a candidate’s agent.

(3) Candidate’s agent means a person who has actual oral or written authority, either express or implied, to make or authorize the filing of translated statements on behalf of the candidate.

(4) Community Validation means obtaining recommendations from a range of culturally and linguistically diverse communities to ensure that translated materials meet the information needs of the intended audience in a culturally and linguistically responsive way.

(5) Council means the Translation Advisory Council.

(6)The County List of Languages means the languages of translation for each county’s voters’ pamphlet, determined to be the sum of the following:

(a) The Top Five Languages in the state of Oregon; and

(b) All of the Top Ten Languages in the county that are the primary language for at least 300 people with Limited English Proficiency in the county; and

(c) Any language that previously appeared on the Top Ten Languages list for the county, if the language remains the primary language for at least 300 people in the county who have Limited English Proficiency; and

(d) If none of the Top Ten Languages in the county is the primary language for at least 300 people with Limited English Proficiency in the county, then the Most Commonly Spoken Language in the county.

(7) County Voters’ Pamphlet means a written document mailed at the direction of a county elections official to county residents for the purpose of providing any of the information described in OAR 165-024-0025.

(8) Culturally responsive means identifying, nurturing, and using community customs, norms, and values, usually through direct experience in a culture, and appropriately expressing and reflecting those to meet the intended audience’s needs.

(9) Language(s) means languages other than English.

(10) Limited English Proficiency means that a person does not speak English as their primary language and has a limited ability to read, speak, write, or understand English.

(11) Local Ballot Measure Information means the local government ballot title, explanatory statements and statements created by state, local and special government bodies.

(12) The Most Commonly Spoken Language(s) in a state or countymeans the primary language(s) for the most people in the state or county who have Limited English Proficiency.

(13) Plain Language means written communication that the intended audience can understand the first time they read it.

(14) Political Party means a political party that has qualified as a major political party under ORS 248.006 or a minor political party that has qualified as a minor political party under ORS 248.008.

(15) Selected Voters’ Pamphlet Material means the portions of the state and county voters’ pamphlets that this rule requires the Secretary of State to have translated and post online.

(16) State List of Languages means the languages of translation for the State Voters’ Pamphlet, determined to be the sum of the following:

(a) The Top Five Languages in the state of Oregon; and

(b) The Top Ten Languages in any county in Oregon, and

(d) If none of the Top Ten Languages in a county is the primary language for at least 300 people with Limited English Proficiency in the county, then the Most Commonly Spoken Language in that county.

(17) Top Five Languages means the five Most Commonly Spoken Languages in the state.

(18) Top Ten Languages means the ten Most Commonly Spoken Languages of a county.

(19) Translate or translation means transferring written text accurately from one language into another to convey and retain the original meaning in an equivalent and culturally and linguistically responsive manner for the community being served.

(a) Translations of written statements are distinct from interpretation of spoken statements.

(b) The community to be served by a translation of voters’ pamphlet material is the community of people in Oregon who have Limited English Proficiency and who speak the language as their primary language.

History

Statutory/Other Authority: ORS 246.150, ORS 251.167 & ORS 251.170
Statutes/Other Implemented: ORS 251.026, ORS 251.167, ORS 251.170, ORS 251.173, ORS 251.315, SB 1533 (2024) & SB 1014 (2025)
ELECT 6-2026, amend filed 03/04/2026, effective 03/09/2026
ELECT 6-2025, temporary amend filed 09/11/2025, effective 09/11/2025 through 03/09/2026
ELECT 1-2023, adopt filed 01/10/2023, effective 01/11/2023
ELECT 25-2022, temporary adopt filed 08/31/2022, effective 09/01/2022 through 02/27/2023

Or. Admin. R. 165-024-0010 Translation Advisory Council

(1) The Secretary of State shall select and appoint the members of the Council, shall provide administrative support to the Council, and shall consult with the Council concerning Community Validation of Selected Voters’ Pamphlet Material and the process of translating such materials. The Secretary may consult with the Council on other matters as needed to support the Secretary’s translation work.

(2) Council members are appointed by and serve at the pleasure of the Secretary.

(3) Council members serve on a volunteer basis and are not employees or contractors of the Secretary of State.

(4) The Council shall be comprised as follows:

(a) The Secretary shall appoint five Council members at large; and

(b) The Secretary shall appoint additional language-specific Council members based on their lived experience in English and a language into which the Secretary reasonably anticipates voters’ pamphlet material will be translated. The Secretary will choose the numbers of language-specific members based on the relative representation of those languages within Oregon.

(5) The qualifications of Council members shall be as follows:

(a) Council members are not appointed on a partisan basis, and they do not serve as representatives of any organization.

(b) To the extent possible, membership in the Council shall include the racial, ethnic, linguistic, cultural, social, and geographic diversity found throughout Oregon.

(d) All Council members shall have lived experience in one or more of the communities served by translation of voters’ pamphlet material.

(e) In addition to meeting all other criteria, language-specific members shall be proficient in reading and writing in English and in the translated language for which the language-specific member is appointed. Language-specific members may demonstrate proficiency through their lived experience or through formal qualifications, including but not limited to the credentials described in ORS 251.173.

(6) Council members shall be appointed as follows:

(a) When appointing or reappointing Council members or when filling mid-term vacancies during a Council member’s term, the Secretary shall announce the need to fill the vacancy and solicit applications by a published deadline. The Secretary shall maintain all applications on file and select appointees from the pool of all past and current applicants.

(b) Council members shall apply to the Council through a written application that demonstrates how they meet the criteria for appointment.

(d) If a member vacancy occurs mid-term, the Secretary shall make an appointment for the unexpired term, to be effective immediately upon appointment.

(7) Members shall be compensated for time spent preparing for and attending Council meetings and shall be reimbursed for travel expenses. Compensation and reimbursement shall be no less than the statutory per diem compensation amount in ORS 292.495 and provided consistently with the policies of the Secretary of State.

History

Statutory/Other Authority: HB3021, ORS 247.005, ORS 246.150, ORS 251.026, ORS 251.167, ORS 251.170, ORS 251.173 & ORS 251.315
Statutes/Other Implemented: HB3021, ORS 251.026, ORS 251.167, ORS 251.170, ORS 251.173 & ORS 251.315
ELECT 2-2023, adopt filed 01/10/2023, effective 01/11/2023
ELECT 26-2022, temporary adopt filed 08/31/2022, effective 09/01/2022 through 02/27/2023

Or. Admin. R. 165-024-0015 Language Lists for Translation of State and County Voters’ Pamphlet Materials

(1) This rule specifies data sources the Secretary of State uses to compile lists of the most commonly spoken languages other than English and the estimated numbers of individuals who speak each most commonly spoken language other than English as required by ORS 251.167. Certain state and county voters’ pamphlet information will be translated into the languages in the lists as required by ORS 251.170.

(2)(a) The Secretary of State uses data about state and county populations to determine the most commonly spoken languages. The most commonly spoken languages are determined based on the number of people with limited English proficiency who self-evaluate their ability to speak English as less than very well.

(b) The data sources used include the most recent American Community Survey (ACS) from the United States Census Bureau, estimates from the Population Resource Center at Portland State University, and other data sources that the Secretary of State determines are available and appropriate.

(3) In addition to the list of languages described in section (1) of this rule, the Secretary of State will compile and publish on the Secretary of State’s website the list of languages certain filers may submit filings in for inclusion in translated voters’ pamphlets as outlined in ORS 251.170.

History

Statutory/Other Authority: ORS 246.150 & ORS 251.167
Statutes/Other Implemented: ORS 251.167 & SB1533 (2024)
ELECT 7-2026, amend filed 03/04/2026, effective 03/09/2026
ELECT 7-2025, temporary amend filed 09/11/2025, effective 09/11/2025 through 03/09/2026
ELECT 3-2023, adopt filed 01/10/2023, effective 01/11/2023
ELECT 27-2022, temporary adopt filed 08/31/2022, effective 09/01/2022 through 02/27/2023

Or. Admin. R. 165-024-0020 Professional Translations of Selected State and County Voters’ Pamphlet Materials

(1) Required translations of Selected State and County Voters’ Pamphlet Materials shall be performed according to the highest degree of professional accuracy.

(2) Professional translators selected to translate Selected State and County Voters’ Pamphlet Materials should possess a level of translation qualification, language competency, cultural competency, standard of general education, and relevant experience appropriate to translating voters’ pamphlet material in the particular language.

(3) The Secretary shall consider the following criteria when selecting translators:

(a) For languages for which American Translator Association-certified translation tests are available, the Secretary shall seek certified translators.

(b) For languages that the American Translator Association does not certify, the Secretary shall seek translators who meet the following criteria, in descending order of importance:

(A) verifiable translation competency,

(B) interpreting competency,

(D) paid translation experience,

(E) active membership in a professional language organization,

(F) academic higher education degree from an institution of higher education,

(G) diploma of completion in secondary education,

(H) diploma of completion in primary education.

History

Statutory/Other Authority: HB3021, ORS 247.005, ORS 246.150, ORS 251.026, ORS 251.167, ORS 251.170, ORS 251.173 & ORS 251.315
Statutes/Other Implemented: ORS 251.170
ELECT 4-2023, adopt filed 01/10/2023, effective 01/11/2023
ELECT 28-2022, temporary adopt filed 08/31/2022, effective 09/01/2022 through 02/27/2023

Or. Admin. R. 165-024-0025 Translation of County Voters’ Pamphlet Materials

(1) This rule governs the required translation of certain county voters’ pamphlet materials by the Secretary of State for elections in which the county mails county residents a voters’ pamphlet.

(2) Pursuant to ORS 251.167, ORS 251.170, and ORS 251.315, the Secretary of State translates certain county voters’ pamphlet information from English into the most commonly spoken languages in the state and of the county other than English and posts the translations on the Secretary of State’s website.

(3) The Secretary of State bears the cost of translating and posting the portions of the county voters’ pamphlets described in this rule and ORS 251.167, ORS 251.170, and ORS 251.315.

(4) For each county voters’ pamphlet, the Secretary of State will provide county elections officials with a plain language statement stating that portions of the pamphlet have been translated and specifying the website address where the translated material may be found.

(a) The statement will be provided in English and in each of the languages other than English the county voters’ pamphlet will be translated into.

(b) The Secretary of State will provide the county elections official the plain language translated statement for inclusion in the county voters pamphlet, no later than the 62nd day before the election.

(c) County elections officials shall include the translated statements on the page immediately following the county election official’s letter to voters or other similar introductory statement.

(d) If a county voters’ pamphlet does not include a county elections official’s letter or other similar introductory statement, the county election official will prominently place the translated statements as close as possible to the cover page of the pamphlet.

(5) The Secretary of State will translate voters’ pamphlet information outlined in ORS 251.170(2) into each language other than English the county voters’ pamphlet will be translated into. In addition to the information required to be translated under ORS 251.170(2) and as provided by the county the Secretary of State will translate the following information into each language other than English the county voters’ pamphlet will be translated into:

(a) Resources for voters with disabilities.

(b) A statement of the duties and responsibilities of a precinct committeeperson to be elected at the primary election.

(6) County elections officials shall provide county voters’ pamphlet material to the Secretary of State for translation on the timelines as follows:

(a) For elections held in November and May, the county elections officials will provide the Secretary of State with the following:

(A) County pamphlet general information outlined in ORS 251.170(2) and section 5 of this administrative rule no later than the 82nd day before the date of the election.

(B) Minor changes to previously submitted county voters’ pamphlet general information, including grammatical corrections, deletions of text, and additions of drop box site addresses. Edits must clearly indicate which text was revised from the previously submitted version. Edits must be submitted no later than the 55th day before the date of the election.

(C) County ballot measure information and explanatory statements no later than the 55th day before the date of the election.

(b) For elections held in March and August, the county elections official will provide the Secretary of State with county pamphlet general information, county ballot measure information, and explanatory statements no later than the 55th day before the date of the election.

(7) The Secretary of State will post translated county voters’ pamphlet materials on the Secretary of State’s website no later than the 25th day before the election.

(8) A county may translate any portion of the county voters’ pamphlet or accept translations for publication that are not described in this rule for publication on the County’s website or in the mailed voters’ pamphlet.

(a) The county will bear the cost of making such additional translations, if applicable, and publishing them on the county’s website or in the county voters’ pamphlet.

(b) The county shall follow translations best practices criteria in OAR 165-024-0020 and use Secretary of State Translated Election Glossaries for any additional translations.

History

Statutory/Other Authority: ORS 246.150 & ORS 251.170
Statutes/Other Implemented: ORS 251.170 & ORS 251.315
ELECT 9-2026, amend filed 03/04/2026, effective 03/09/2026
ELECT 5-2023, adopt filed 01/10/2023, effective 01/11/2023
ELECT 29-2022, temporary adopt filed 08/31/2022, effective 09/01/2022 through 02/27/2023

Or. Admin. R. 165-024-0030 Translation of State Voters’ Pamphlet Materials

(1) This rule governs the required translation of certain state voters’ pamphlet materials by the Secretary of State for elections in which the Secretary of State produces a voters’ pamphlet.

(2) Pursuant to ORS 251.167 and ORS 251.170, the Secretary of State translates certain state and county voters’ pamphlet information from English into the most commonly spoken languages in the state and each county other than English and posts the translations publicly on the Secretary of State’s website.

(3) In each state voters’ pamphlet, the Secretary of State will include a plain language statement stating that portions of the pamphlet have been translated and specifying the website address where the translated material may be found.

(a) The statement will be provided in English and in each of the languages other than English the state voters’ pamphlet will be translated into.

(b) The statement will appear in the state voters’ pamphlet on the page immediately following the Secretary of State’s letter to voters or other similar introductory statement. If the state voters’ pamphlet does not include a letter from the Secretary of State or other similar official communication, the statement will be prominently placed on the page immediately before the table of contents page of the state voters’ pamphlet.

(4) In addition to the information required to be translated under ORS 251.170(2), the Secretary of State will translate the following information into each language other than English the state voters’ pamphlet will be translated into:

(a) Resources for voters with disabilities and the right of an elector to seek assistance in marking their ballot;

(b) Contact information for county elections offices.

(5) Filings of translated statements or arguments submitted under ORS 251.170(3) shall meet the following requirements:

(a) The filing must be filed using the electronic filing system adopted by the Secretary of State and all associated forms and procedures under OAR 165-016-0000.

(b) Translations must meet the requirements of ORS 251.049, 251.055, 251.085, 251.170, and 251.260 and OAR 165-016-0000. Translations that fail to meet compliance requirements may be excluded from the translated pamphlet under ORS 251.055 and OAR 165-016-0000.

(6) The filing must be translated prior to being filed and the filers shall bear the cost of said translations.

(7) For counties that do not produce a county voters’ pamphlet, the Secretary of State shall translate community college district measures relating to bonding, and metropolitan service district measures, according to ORS 251.285 for inclusion in translated state voters’ pamphlet. Translations shall be in the most commonly spoken languages other than English for the county or counties in which the measure(s) are to be voted on.

(8) A county may translate any portion of the state voters’ pamphlet or accept translations for publication that are not described in this rule for publication on the county’s website.

(a) The county shall bear the cost of translations, if applicable, and publishing on the county’s website.

(b) The county’s translations, if any, shall follow the requirements of OAR 165-024-0020, and shall use the translated terms from the Secretary of State’s Translated Elections Glossaries.

History

Statutory/Other Authority: ORS 246.150, ORS 251.167 & ORS 251.170
Statutes/Other Implemented: ORS 251.026, ORS 251.167 & ORS 251.170
ELECT 8-2026, amend filed 03/04/2026, effective 03/09/2026
ELECT 8-2025, temporary amend filed 09/11/2025, effective 09/11/2025 through 03/09/2026
ELECT 6-2023, adopt filed 01/10/2023, effective 01/11/2023
ELECT 30-2022, temporary adopt filed 08/31/2022, effective 09/01/2022 through 02/26/2023

Division 25 ELECTORAL COLLEGE RULES

Or. Admin. R. 165-025-0100 Candidates for Presidential Elector

(1) For purposes of this rule, a “certifying party” is any major or minor party, assembly of electors, or chief sponsor of a certificate of nomination made by individual electors who may certify names of candidates for presidential elector under ORS 248.355(2) and this rule.

(a) Any major or minor party may certify names of candidates for presidential elector as described in this rule.

(b) Any assembly of electors under ORS 249.735 that nominates candidates for President and Vice President of the United States may certify names of candidates for presidential elector as described in this rule. Before certifying names of candidates for presidential elector, an assembly of electors must specify the names of candidates for presidential elector during its nominating convention and vote on those candidates at the same time it nominates candidates for President and Vice President of the United States.

(c) Any chief sponsor of a certificate of nomination made by individual electors under ORS 249.740 that nominates candidates for President and Vice President of the United States may certify the names of candidates for presidential elector as described in this rule. A chief sponsor’s authority to certify candidates is limited to certifying the names of candidates for presidential elector that are included in the prospective certificate and certificate of nomination for President and Vice President of the United States.

(2) The Elections Division adopts SEL 147 as the form of the pledge to be signed by candidates for presidential elector.

(3) To certify a candidate for presidential elector, a certifying party must provide the following to the Elections Division:

(a) A letter specifying the names of the candidates to be certified, signed by one or more authorized representatives of the certifying party; and

(b) A pledge in the form specified in section 2, signed by each candidate for presidential elector specified in the letter.

(4) The certifying party must deliver the documents specified in section 3 to the Elections Division no later than 5:00:00 p.m. on the 70th day before the election of presidential electors.

(5) A certifying party may fill a vacancy in its selections for presidential elector as follows:

(a) A major party may fill a vacancy in its selections in the manner described in ORS 249.190.

(b) A minor party may fill a vacancy in its selections in the manner described in ORS 249.842(1).

(c) An assembly of electors described in OAR 165-025-001(1)(b) may fill a vacancy in its selections in the manner described in ORS 249.842(2).

(d) A vacancy in selections certified by a chief sponsor under OAR 165-025-001(1)(c) may be filled in the manner described in ORS 249.842(4).

(6) The Secretary of State shall issue certificates of election to candidates for presidential elector as provided in ORS 254.555.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 246.150, Electoral Count Reform and Presidential Transition Improvement Act, HB 4019 (2024) & ORS 248.370
Statutes/Other Implemented: HB 4019 (2024) & ORS 248.370
ELECT 23-2024, adopt filed 12/20/2024, effective 12/21/2024
ELECT 12-2024, temporary adopt filed 07/18/2024, effective 07/19/2024 through 01/13/2025

Or. Admin. R. 165-025-0110 Certificates of Ascertainment

(1) In addition to the certificates of election issued under OAR 165-025-0100 (6), the Secretary of State shall issue certificates of ascertainment of presidential electors as required by law.

(2) Each year in which a President and Vice-President of the United States are to be nominated and elected, the Secretary of State shall select one or more security features to be used for purposes of verifying the authenticity of certificates of ascertainment.

(a) In selecting security feature(s), the Secretary of State shall consider best practices used by other states, the needs of the parties who receive certificates of ascertainment as required by federal law, technological developments, and the reliability and reproducibility of the available security feature(s).

(b) No later than ninety days before the date of the general election, the Secretary of State shall document what security feature(s) shall be used for certificates of ascertainment that year, shall place the documentation in a sealed envelope, and shall maintain it in a secure manner.

(c) The Secretary of State shall maintain the security feature(s) in confidence in accordance with best practices for sensitive information and shall disclose it only as necessary to those officials responsible for producing, receiving, and authenticating the certificates of ascertainment.

History

Statutory/Other Authority: ORS 246.150, Electoral Count Reform and Presidential Transition Improvement Act, HB 4019 (2024) & ORS 248.370
Statutes/Other Implemented: HB 4019 (2024) & ORS 248.370
ELECT 24-2024, adopt filed 12/20/2024, effective 12/21/2024
ELECT 13-2024, temporary adopt filed 07/18/2024, effective 07/19/2024 through 01/14/2025

Or. Admin. R. 165-025-0120 Convening of Presidential Electors

(1) Not later than six days prior to the convening of presidential electors, the Secretary of State shall

(a) prepare and sign certificates of ascertainment in the manner required by law;

(b) ensure the certificates of ascertainment have been presented to and signed by the Governor as required by law;

(c) notify presidential electors of the exact time and location of the convening of presidential electors under ORS 248.370.

(2) The Secretary of State or a designee shall preside over the convening of presidential electors.

(3) The Secretary of State’s duties related to the convening of presidential electors shall include but shall not be limited to, the following:

(a) administering the roll call;

(b) ensuring the oath of office is administered to presidential electors;

(d) presiding over votes to fill vacancies in the office of presidential elector;

(e) maintaining the record of such votes and preparing any documents required by law to document the filling of a vacancy, including but not limited to amended certificates of ascertainment;

(f) preparing ballots for presidential electors to vote separately for the offices of President and Vice President of the United States, distributing the ballots to the presidential electors, and tallying the votes in the manner required by law;

(g) preparing any documents required by law to document such vote, including but not limited to the number of original certificates of vote required by law;

(h) ensuring all original documents to be transmitted to officials of the United States are signed, prepared, collated, and sealed as required by law;

(i) preparing official minutes of the convening of presidential electors;

(j) preparing any other official records related to the convening of electors that are required by law; and

(k) preparing any other records related to the convening of electors that the Secretary of State deems necessary and proper.

(4) A vacancy in the office of presidential elector shall be declared if a presidential elector is physically absent at the end of the roll call during the convening of presidential electors.

(5) Notwithstanding section 4, the presidential electors may determine, by unanimous vote of those who are physically present during roll call, to continue the roll call until a later time in the same day to permit an absent presidential elector to appear. In making this determination, the presidential electors must allow sufficient time on the day of the convening to perform the duties required of them by the Constitution and laws of the United States.

(6) If a vacancy in the office of the presidential elector is declared as described in section 4, the presidential electors who are physically present shall fill the vacancy as required by law.

History

Statutory/Other Authority: ORS 246.150, Electoral Count Reform and Presidential Transition Improvement Act, HB 4019 (2024) & ORS 248.370
Statutes/Other Implemented: HB 4019 (2024) & ORS 248.370
ELECT 25-2024, adopt filed 12/20/2024, effective 12/21/2024
ELECT 14-2024, temporary adopt filed 07/18/2024, effective 07/19/2024 through 01/14/2025

Or. Admin. R. 165-025-0130 Transmission of Original Documents to Authorized Officials of the United States

(1) The Secretary of State’s duties after the convening of presidential electors shall include but shall not be limited to, the following:

(a) transmitting original documents related to the convening of electors to officials of the United States as required by law and communicating with those officials to ensure the documents are received promptly and securely;

(b) maintaining in a secure manner at least two additional sets of the original documents transmitted to officials of the United States;

(c) communicating as necessary with officials of the United States regarding authenticity of the original documents transmitted to them; and

(d) undertaking any other actions that the Secretary of State deems necessary and proper to ensure that officials of the United States promptly receive and can properly authenticate the original documents related to the convening of electors in the manner required by law.

(2) The Secretary of State may transmit one or more of the sets of original documents described in OAR 165-025-0120 to an official of the United States if the Secretary of State has already transmitted the documents described in section (3)(g) to that official and those documents are missing, damaged, or cannot be authenticated.

(3) The Secretary of State must retain at least one of the sets of original documents described in section (3)(g) in the custody of the state of Oregon.

History

Statutory/Other Authority: ORS 246.150, Electoral Count Reform and Presidential Transition Improvement Act, HB 4019 (2024) & ORS 248.370
Statutes/Other Implemented: HB 4019 (2024) & ORS 248.370
ELECT 26-2024, adopt filed 12/20/2024, effective 12/21/2024
ELECT 15-2024, temporary adopt filed 07/18/2024, effective 07/19/2024 through 01/14/2025