Election Laws


Oregon Constitution – Article 2 section 2 have the requirements for citizens qualifications

<a href="https://www.oregonlegislature.gov/bills_laws/Pages/OrConst.aspx

Oregon Election Law Summary
<a href="http://sos.oregon.gov/elections/Documents/elec_law_summary.pdf

Oregon Vote by Mail Manual
<a href="http://sos.oregon.gov/elections/Documents/vbm_manual.pdf

National Voter Act of 1965
<a href="http://www.justice.gov/crt/about/vot/intro/intro_b.php

National Voter Registration Act of 1993
<a href="http://www.justice.gov/crt/about/vot/nvra/activ_nvra.php

Special Voting Circumstances:
Military and Overseas Voters
Homeless Voters and Those Wishing Confidentiality
Services and Technology for Voters with Disabilities

<a href="http://sos.oregon.gov/voting/Pages/special.aspx


 254.483 Procedures for unused ballots.

 Destruction of Unused Ballots:
(1) Each county clerk is responsible for the safekeeping, disposition and security of all ballots.
(2) As soon as practicable after the final day permitted for a contest of the election or for filing a demand for a recount, the county clerk shall destroy all unused ballots. [Formerly 254.475; 2007 c.154 §43; 2013 c.679 §2]

246.820 Order to compel county clerk, city elections officer or elections official to comply with interpretation, rule, directive or instruction.

(1) Whenever it appears to the Secretary of State that a county clerk, city elections officer or a local elections official has failed to comply with an interpretation of any election law made by the Secretary of State under ORS 246.110 or has failed to comply with a rule, directive or instruction made by the Secretary of State under ORS 246.120, 246.140 or 246.150, the Secretary of State may apply to the appropriate circuit court for an order to compel the county clerk, city elections officer or local elections official to comply.     

(2) The court shall dispose of the matter under subsection (1) of this section as soon as possible, but in any case not later than the fifth day after the Secretary of State applies for an order.     

(3) The remedy provided in this section is cumulative and does not exclude any other remedy against a county clerk, city elections officer or local elections official who fails to comply with an interpretation of any election law or the rule, directive or instruction.


205.990 Penalties. Any officer who violates ORS 205.510 (1) shall be deemed guilty of official misconduct and punished therefor as provided by ORS 162.415


162.405 Official misconduct in the second degree. (1) A public servant commits the crime of official misconduct in the second degree if the person knowingly violates any statute relating to the office of the person.      (2) Official misconduct in the second degree is a Class C misdemeanor. [1971 c.743 §214]      

162.415 Official misconduct in the first degree. (1) A public servant commits the crime of official misconduct in the first degree if with intent to obtain a benefit or to harm another:      (a) The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office; or      (b) The public servant knowingly performs an act constituting an unauthorized exercise in official duties.      (2) Official misconduct in the first degree is a Class A misdemeanor. [1971 c.743 §215]      

162.425 Misuse of confidential information. (1) A public servant commits the crime of misuse of confidential information if in contemplation of official action by the public servant or by a governmental unit with which the public servant is associated, or in reliance on information to which the public servant has access in an official capacity and which has not been made public, the public servant acquires or aids another in acquiring a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action.      (2) Misuse of confidential information is a Class B misdemeanor.

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 ElectionsOfficial 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 7 days prior to the election 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; (c) Ballot security during transport to inserter (if applicable), to the county, or to the post office; (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; and (m) Post election security. Stat. Auth.: ORS 246.150
Stats. Implemented: ORS 254.074 & 2009 OL Ch. 592 (HB 2451)
Hist.: ELECT 24-2009, f. & cert. ef. 12-31-09

254.074 County elections security plan.

(1) Each county clerk shall file a county elections security plan with the Secretary of State not later than:       (a) January 31 of each calendar year; and      (b) One business day after any revision is made to the county elections security plan.     

 (2) A county elections security plan shall include, but is not limited to:      (a) A written security agreement entered into with any vendor handling ballots;      (b) Security procedures for transporting ballots;      (c) Security procedures at official places of deposit for ballots;      (d) Security procedures for processing ballots;      (e) Security procedures governing election observers;      (f) Security procedures for ballots located in county elections work areas, buildings and storage areas;      (g) Security procedures for vote tally systems, including computer access to vote tally systems;      (h) Security procedures for scanning ballots into a vote tally system before the date of the election, if applicable; and      (i) Post-election ballot security.     

(3) A security plan developed and filed under this section is confidential and not subject to disclosure under ORS 192.410 to 192.505.     

(4) A county clerk may not scan ballots as described in ORS 254.478 unless the Secretary of State reviews and approves a security plan under this section

Oregon Constitution

      Section 6. County Officers: There shall be elected in each county by the qualified electors thereof at the time of holding general elections, a county clerk, treasurer and sheriff who shall severally hold their offices for the term of four years. [Constitution of 1859; Amendment proposed by initiative petition filed June 9, 1920, and adopted by the people Nov. 2, 1920; Amendment proposed by H.J.R. 7, 1955, and adopted by the people Nov. 6, 1956]

ARTICLE VII  (Original)

          Section 15. County clerk; recorder. A County Clerk shall be elected in each County for the term of Two years, who shall keep all the public records, books, and papers of the County; record conveyances, and perform the duties of Clerk of the Circuit, and County Courts, and such other duties as may be prescribed by law:–But whenever the number of voters in any County shall exceed Twelve Hundred, the Legislative Assembly may authorize the election of one person as Clerk of the Circuit Court, one person as Clerk of the County Court, and one person Recorder of conveyances.–