Oregon Statutes 258.280 – Automatic full recount required in certain elections of candidates for office; costs of recount to be paid by governmental unit
(1) The Secretary of State shall order a full recount of the votes cast for nomination or election to a public office for which the Secretary of State is the filing officer, and the county clerk who conducted the election shall order a full recount of the votes cast for nomination or election to any other public office if the canvass of votes of the election reveals that:
Terms Used In Oregon Statutes 258.280
- Candidate: means a candidate for nomination or election to any elective office. See Oregon Statutes 258.006
- 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 258.006
- Full recount: means a recount of all the precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot. See Oregon Statutes 258.006
(a) Two or more candidates for that nomination or office have an equal and the highest number of votes; or
(b) The difference in the number of votes cast for a candidate apparently nominated or elected to the office and the votes cast for the closest apparently defeated opponent is not more than one-fifth of one percent of the total votes for both candidates.
(2)(a) Unless otherwise provided by a home rule charter, at an election described in ORS § 249.088, the Secretary of State shall order a full recount of the votes cast for nomination or election to a nonpartisan office for which the Secretary of State is the filing officer, and the county clerk who conducted the election shall order a full recount of the votes cast for nomination or election to any other nonpartisan office, if the canvass of votes of the election reveals that the number of votes cast for a candidate differs from a majority of votes cast for the office by not more than one-fifth of one percent of the total votes cast for the office.
(b) This subsection does not apply to the office of sheriff, the office of county clerk, the office of county treasurer or a candidate to fill a vacancy, as described in ORS § 249.091.
(3) The cost of a full recount conducted under this section shall be paid by the county for a county office, by the city for a city office, by the special district for a special district office or by the state for any other office. [Formerly 251.640; 1985 c.808 § 49; 1993 c.493 § 50; 2001 c.965 § 40; 2011 c.479 § 1; 2013 c.1 § 24]
The amendments to 258.280 by section 15, 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. 258.280, as amended by section 15, chapter 220, Oregon Laws 2023, is set forth for the user’s convenience.
(1)(a) Except as provided in paragraph (b) of this subsection, the Secretary of State shall order a full recount of the votes cast for nomination or election to a public office for which the Secretary of State is the filing officer, and the county clerk who conducted the election shall order a full recount of the votes cast for nomination or election to any other public office if the canvass of votes of the election reveals that:
(A) Two or more candidates for that nomination or office have an equal and the highest number of votes; or
(B) The difference in the number of votes cast for a candidate apparently nominated or elected to the office and the votes cast for the closest apparently defeated opponent is not more than one-fifth of one percent of the total votes for both candidates.
(b) The Secretary of State by rule shall establish when a full recount of the votes cast for nomination or election to a public office is required for an election in which ranked choice voting is conducted in the manner set forth in section 4, chapter 220, Oregon Laws 2023, and the secretary is the filing officer. Any rules adopted under this paragraph shall, to the extent practicable, comply with the requirements set forth in paragraph (a) of this subsection.
(2)(a) Unless otherwise provided by a home rule charter, at an election described in ORS § 249.088, the Secretary of State shall order a full recount of the votes cast for nomination or election to a nonpartisan office for which the Secretary of State is the filing officer, and the county clerk who conducted the election shall order a full recount of the votes cast for nomination or election to any other nonpartisan office, if the canvass of votes of the election reveals that the number of votes cast for a candidate differs from a majority of votes cast for the office by not more than one-fifth of one percent of the total votes cast for the office.
(b) This subsection does not apply to the office of sheriff, the office of county clerk, the office of county treasurer or a candidate to fill a vacancy, as described in ORS § 249.091.
(3) The cost of a full recount conducted under this section shall be paid by the county for a county office, by the city for a city office, by the special district for a special district office or by the state for any other office.
[1965 c.586 § 22; 1979 c.317 § 18; repealed by 1979 c.190 § 431]