Oregon Statutes 254.485 – Tally of ballots; test of vote tally system; rules
(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.
Terms Used In Oregon Statutes 254.485
- County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 254.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Vote tally system: means one or more pieces of equipment necessary to examine and tally automatically the marked ballots. See Oregon Statutes 254.005
- Voting machine: means any device that will record every vote cast on candidates and measures and that will either internally or externally total all votes cast on that device. See Oregon Statutes 254.005
(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. [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; 2021 c.551 § 4]
The amendments to 254.485 by section 11, chapter 220, Oregon Laws 2023, were referred to the people for their approval or rejection at the regular general election to be held throughout this state on November 5, 2024. If chapter 220, Oregon Laws 2023, is approved by the people, the amendments become operative January 1, 2028, and apply to elections and nominations occurring on or after January 1, 2028. See sections 18, 19 and 20, chapter 220, Oregon Laws 2023. 254.485, as amended by section 11, chapter 220, Oregon Laws 2023, is set forth for the user’s convenience.
(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) 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 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) 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.