Administration of Election Laws

ORS 246.910
Appeal from Secretary of State, county clerk or other elections official to courts

  • deadline for filing


(1)

A person adversely affected by any act or failure to act by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, or by any order, rule, directive or instruction made by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, may appeal therefrom to the circuit court for the county in which the act or failure to act occurred or in which the order, rule, directive or instruction was made.

(2)

An appeal described in subsection (1) of this section of an order of the Secretary of State approving or disapproving a state initiative petition for circulation for the purpose of obtaining signatures of electors must be filed within 60 days following the date the order is served.

(3)

Any party to the appeal proceedings in the circuit court under subsection (1) of this section may appeal from the decision of the circuit court to the Court of Appeals.

(4)

The circuit courts and Court of Appeals, in their discretion, may give precedence on their dockets to appeals under this section as the circumstances may require.

(5)

The remedy provided in this section is cumulative and does not exclude any other remedy against any act or failure to act by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law or against any order, rule, directive or instruction made by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law. [1957 c.608 §19; 1975 c.227 §2; 1979 c.190 §38; 1983 c.514 §3; 1995 c.607 §10; 2005 c.797 §26]

Notes of Decisions

Circuit court had jurisdiction under this section because plaintiffs' challenge to placing measure on ballot was challenge to "act or failure to act by the Secretary of State." Ecumenical Ministries v. Paulus, 298 Or 62, 688 P2d 1339 (1984)

Reasonable time for challenging decision of Secretary of State, including failure to decide, whether proposed initiative measure violates "one subject only" rule of Oregon Constitution, expires on 60th day following final approval of ballot title. Ellis v. Roberts, 302 Or 6, 725 P2d 886 (1986)

Reasonable time period for requiring filing of challenges to determination by Secretary of State that state measure requires fiscal effects estimate is within five days of expiration of last day for filing revised explanatory statement. State ex rel Bunn v. Roberts, 302 Or 72, 726 P2d 925 (1986)

Action to appeal Secretary of State's verification of signatures and certification of initiative petition was timely where action was filed within period required for judicial review of agency action other than contested case. Crumpton v. Roberts, 310 Or 381, 798 P2d 1100 (1990)

Reasonable time for filing preelection challenge may be less than 60 days in some circumstances. State ex rel Keisling v. Norblad, 317 Or 615, 860 P2d 241 (1993)

Reasonable time period for filing challenge based on single subject rule begins with certification of ballot title in case of initiative petition, or effective date of legislation ordering placement on ballot in case of referred measures. State ex rel Keisling v. Norblad, 317 Or 615, 860 P2d 241 (1993)

Legislature may specify reasonable period for filing constitutional challenges to time-sensitive legislation. State ex rel Keisling v. Norblad, 317 Or 615, 860 P2d 241 (1993)

Only requirement for standing to challenge placement of measure on ballot is allegation that plaintiff is registered voter. Lowe v. Keisling, 130 Or App 1, 882 P2d 91 (1994)

Judicially created deadline for challenging preelection ballot measure decision by Secretary of State applies for challenges filed after election. League of Oregon Cities v. State of Oregon, 334 Or 645, 56 P3d 892 (2002)


Source

Last accessed
Jun. 26, 2021