Oregon Statutes 249.091 – Nomination of certain nonpartisan candidates or candidates to fill a vacancy in nonpartisan office
(1) If a nominating petition or declaration of candidacy is filed by no more than two candidates for the office of sheriff, county treasurer or county clerk or by no more than two candidates to fill a vacancy in a nonpartisan office:
Terms Used In Oregon Statutes 249.091
- Candidate: means an individual whose name is or is expected to be printed on the official ballot or a write-in candidate. See Oregon Statutes 249.002
- County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 249.002
- Nonpartisan office: means the office of judge, Commissioner of the Bureau of Labor and Industries, any elected office of a metropolitan service district under ORS Chapter 268, justice of the peace, county clerk, county assessor, county surveyor, county treasurer, county judge who exercises judicial functions, sheriff, district attorney or any office designated nonpartisan by a home rule charter. See Oregon Statutes 249.002
(a) The candidate or candidates are nominated; and
(b) The name or names of the candidate or candidates may not be printed on the ballot at the nominating election.
(2) If a nominating petition or declaration of candidacy is filed by more than two candidates for the office of sheriff, county treasurer or county clerk or by more than two candidates to fill a vacancy in a nonpartisan office:
(a) Unless a candidate receives a majority of the votes cast for the office, the two candidates who receive the highest number of votes are nominated.
(b) If a candidate receives a majority of the votes cast for the office, that candidate alone is nominated.
(3) The application of this section is subject to the provisions of a home rule charter. [1995 c.92 § 4; 1995 c.607 § 77a; 2007 c.154 § 9; 2011 c.607 § 3]
The amendments to 249.091 by section 14, 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. 249.091, as amended by section 14, chapter 220, Oregon Laws 2023, is set forth for the user’s convenience.
(1) If a nominating petition or declaration of candidacy is filed by no more than two candidates for the office of sheriff, county treasurer or county clerk or by no more than two candidates to fill a vacancy in a nonpartisan office:
(a) The candidate or candidates are nominated; and
(b) The name or names of the candidate or candidates may not be printed on the ballot at the nominating election.
(2) If a nominating petition or declaration of candidacy is filed by more than two candidates for the office of sheriff, county treasurer or county clerk or by more than two candidates to fill a vacancy in a nonpartisan office:
(a) Unless a candidate receives a majority of the votes cast for the office, the two candidates who receive the highest number of votes are nominated.
(b) If a candidate receives a majority of the votes cast for the office, that candidate alone is nominated.
(3) The application of this section is subject to the provisions of a home rule charter.
(4) This section does not apply to any election for the office of sheriff, county treasurer or county clerk, or to fill a vacancy in nonpartisan office, for which ranked choice voting as conducted in the manner set forth in section 4, chapter 220, Oregon Laws 2023, is used to determine election to the office.
[Amended by 1975 c.675 § 11; repealed by 1979 c.190 § 431]
[Amended by 1957 c.608 § 75; 1961 c.121 § 1; 1975 c.675 § 12; repealed by 1979 c.190 § 431]
[Repealed by 1957 c.608 § 231]
[1967 c.126 § 3; 1979 c.190 § 96; renumbered 249.006]
[Formerly 249.280; 1973 c.827 § 24d; 1975 c.675 § 13; repealed by 1979 c.190 § 431]
[1967 c.126 2,4; 1979 c.190 § 119; 1987 c.267 § 19; repealed by 1995 c.607 § 91]
(Withdrawal Before Nomination)