Oregon Statutes § 254.485 Tally of ballots; test of vote tally system; rules
Statute Text
(1)
Ballots may be tallied by a vote tally system, by a counting board or in the manner determined by the Secretary of State under ORS
246.200
. A counting board may tally ballots at the precinct or in the office of the county clerk. Except as otherwise determined by the secretary under ORS
246.200
, the ballots shall be tallied and returned by precinct.
[(2) If a vote tally system is used, the county clerk shall repeat the public certification test described under ORS
254.235
(1)
. The test shall be conducted immediately prior to scanning any ballots. The test may be observed by persons described in ORS
254.235
(2)
. The county clerk shall certify the results of the test.]
[(3)]
(2)
If a counting board has been appointed, the tally of ballots may begin on the date of the election.
[(4)(a)]
(3)
(a)
If ballots are tallied by a counting board, after the tally has begun it shall continue until completed. Except as provided in paragraph (b) of this subsection, a counting board shall tally without adjournment and in the presence of the clerks and persons authorized to attend.
(b)
A counting board may be relieved by another board if the tally is not completed after 12 hours.
[(5)]
(4)
A counting board shall audibly announce the tally as it proceeds. The board shall use only pen and ink to tally.
[(6)]
(5)
For ballots cast using a voting machine, the county clerk shall:
(a)
Enter the ballots cast using the machine into the vote tally system; and
(b)
In the event of a recount, provide the paper record copy recorded by the machine to the counting board.
[(7)]
(6)
A person other than the Secretary of State, county clerk, a member of a counting board or any other elections official designated by the secretary or county clerk may not tally ballots under this chapter.
[(8)]
(7)
The Secretary of State shall by rule establish a procedure for announcing the status of the tally of the ballots received after the date of the election. Rules adopted under this subsection must:
(a)
Consider the number of ballots being released in relation to the size of the district;
(b)
Prioritize voter anonymity; and
(c)
After prioritizing voter anonymity under paragraph (b) of this subsection, prioritize the importance of timely reporting election results.
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