(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.

Terms Used In Oregon Statutes 246.820

  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 246.012
  • Election: means any election held within this state. See Oregon Statutes 246.012
  • Local elections official: means any person who is:

    (a) An official of any election precinct or special district or public corporation organized for public purposes; and

    (b) Authorized or required by law to perform functions in connection with elections held in the election precinct or special district or public corporation organized for public purposes. See Oregon Statutes 246.012

(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. [1957 c.608 § 7; 1979 c.190 § 36; 1985 c.448 § 3; 1995 c.607 § 9]

 

[1957 c.608 § 13; 1979 c.190 § 37; repealed by 1985 c.448 § 5]

 

APPEALS FROM OFFICERS, OFFICIALS

 

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