ORS 246.710
Declaring county elections emergency

  • process
  • resumption of elections

(1)

Notwithstanding ORS 246.200 (County clerk to conduct elections), if the governing body of a county, after consultation with the county clerk or county director of elections, believes that the county is in a state of fiscal distress that compromises the county’s ability to conduct elections at a minimally adequate level, the governing body may request that the Governor declare a county elections emergency.

(2)

Upon request pursuant to subsection (1) of this section, the Governor shall consult with the Secretary of State to determine whether to declare a county elections emergency.

(3)

Within 14 days after consultation with the secretary pursuant to subsection (2) of this section, the Governor shall:

(a)

Declare the existence of a county elections emergency in the county; or

(b)

Issue a determination that the county’s fiscal situation does not cause the county to conduct elections at a less than minimally adequate level.

(4)

As soon as practicable after declaration of an emergency pursuant to subsection (3)(a) of this section and after consultation with the county clerk or county director of elections, the secretary shall provide services in the county to the extent necessary to ensure a minimally adequate level of election services to the electors in the county and all municipal corporations in the county.

(5)

If the secretary must perform services in a county pursuant to subsection (4) of this section, the secretary shall seek reimbursement from the Emergency Board for such additional funds and spending authority as the secretary considers necessary.

(6)

At any time after declaration of an emergency pursuant to subsection (3)(a) of this section, the governing body of the county or the secretary may request that the Governor, after consultation with the secretary, issue a determination pursuant to subsection (3)(b) of this section.

(7)

Intentionally left blank —Ed.

(a)

The county shall resume conducting elections for the electors of the county and all municipal corporations in the county on the earlier of:

(A)

The date on which a determination is issued pursuant to subsection (6) of this section; or

(B)

Two years after the date on which an emergency is declared in the county pursuant to subsection (3)(a) of this section.

(b)

The governing body of the county may request a declaration under subsection (1) of this section at any time before or after the elapse of the two-year period described in paragraph (a)(B) of this subsection in order to ensure continuity of election services in the county. [2013 c.730 §2]
Note: 246.710 (Declaring county elections emergency) was added to and made a part of ORS chapters 246 to 260 by legislative action but was not added to ORS chapter 246 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
COMPELLING OFFICERS, OFFICIALS TO PERFORM DUTIES

Source: Section 246.710 — Declaring county elections emergency; process; resumption of elections, https://www.­oregonlegislature.­gov/bills_laws/ors/ors246.­html.

246.012
Definitions
246.021
Time within which election documents must be received by elections officer
246.025
Use of signature stamp by person with disability
246.046
Secretary of State and county clerks to seek out evidence of violations
246.110
Secretary of State as chief elections officer
246.120
Directives, instructions and assistance to county clerks
246.140
Election law conferences for county clerks
246.150
Rules
246.160
Compilations and digests of election laws
246.170
Deposit of moneys received under ORS 246.160 in Secretary of State Miscellaneous Receipts Account
246.179
Reimbursement of county clerk for special elections for United States Senator or Representative and for recall elections involving state office
246.185
Elections Fund
246.190
Help America Vote Act complaint procedures
246.200
County clerk to conduct elections
246.210
County clerk to supervise local elections officials
246.245
Notification to county clerk when city boundary changed
246.250
Personnel
246.270
Office hours of county clerk on election days
246.410
Directives for fixing precinct and other electoral district boundaries
246.520
Applicable laws
246.530
Adoption, purchase or procurement of equipment
246.540
Joint purchase, maintenance and use
246.550
Examination and approval of equipment by Secretary of State
246.560
Requirements for approval of equipment
246.565
Audit of computerized voting system by Secretary of State
246.570
Sale of vote recording systems to counties
246.580
Content of vote recording system sale agreement
246.590
Loans from State Treasurer for purchase of voting equipment or computers
246.600
Deposits in Voting Machine Account
246.710
Declaring county elections emergency
246.820
Order to compel county clerk, city elections officer or elections official to comply with interpretation, rule, directive or instruction
246.910
Appeal from Secretary of State, county clerk or other elections official to courts
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