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Oregon Statutes § 254.485 Tally of ballots; test of vote tally system; rulesVersion dated Oct. 30, 2024

Statute Text

(1) Ballots may be tallied by a vote tally system or by a counting board. A counting board may tally ballots at the precinct or in the office of the county clerk. In any event, 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) If a counting board has been appointed, the tally of ballots may begin on the date of the election.
(4)
(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) A counting board shall audibly announce the tally as it proceeds. The board shall use only pen and ink to tally.
(6) 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) A person other than the county clerk, a member of a counting board or any other elections official designated by the county clerk may not tally ballots under this chapter.
(8) 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.

History

Amended by 2021 Ch. 551 , § 4 , eff. 1/1/2022 .

1979 c.190 §270; 1995 c.607 §45; 1999 c.318 §37; 1999 c.410 §58; 2001 c.965 §23; 2005 c. 731 , § 5 ; 2005 c. 797 , § 68 ; 2007 c. 154 , § 44 ; 2009 c. 592 , § 3