ORS 254.056
Date and purpose of general election and primary election
(1)
The general election shall be held on the first Tuesday after the first Monday in November of each even-numbered year. Except as provided in ORS 254.650 (Special election in case of death of nominee of major political party within 47 days of general election), at the general election officers of the state and subdivisions of the state, members of Congress and electors of President and Vice President of the United States as are to be elected in that year shall be elected.(2)
The primary election shall be held on the third Tuesday in May of each even-numbered year. At the primary election precinct committeepersons shall be elected and major political party candidates shall be nominated for offices to be filled at the general election held in that year. [1979 c.190 §229; 1979 c.316 §20a; 1987 c.267 §1; 1995 c.712 §1; 1999 c.59 §64; 1999 c.999 §28; 2001 c.965 §12; 2003 c.542 §7](a)
President of the United States.(b)
United States Senator and Representative in Congress.(c)
Governor, Secretary of State, State Treasurer and Attorney General.(2)
Ranked choice voting as conducted in the manner set forth in section 4 of this 2023 Act shall be used at the general election to determine election to the following offices:(a)
President and Vice President of the United States.(b)
United States Senator and Representative in Congress.(c)
Governor, Secretary of State, State Treasurer and Attorney General.(3)
Ranked choice voting as conducted in the manner set forth in section 4 of this 2023 Act shall be used at the primary election to determine election to the office of Commissioner of the Bureau of Labor and Industries. [2023 c.220 §2](a)
A city may use ranked choice voting to determine election to city office.(b)
A county may use ranked choice voting to determine election to county office.(c)
A metropolitan service district organized under ORS chapter 268 may use ranked choice voting to determine election to office of a metropolitan service district.(d)
A school district as defined in ORS 330.005 (Division of state into school districts) may use ranked choice voting to determine election to office of the school district.(e)
Any local government or local service district, as both are defined in ORS 174.116 (“Local government” and “local service district” defined), may use ranked choice voting to determine election to office of the local government or local service district.(2)
Unless otherwise prohibited by home rule charter:(a)
For any partisan city office, a city may use ranked choice voting to determine the nomination for that office.(b)
For any partisan county office, a county may use ranked choice voting to determine the nomination for that office.(c)
For any partisan office that is part of a metropolitan service district organized under ORS chapter 268, the metropolitan service district may use ranked choice voting to determine the nomination for that office.(d)
For any partisan office of a school district as defined in ORS 330.005 (Division of state into school districts), the school district may use ranked choice voting to determine the nomination for that office.(e)
For any partisan office of a local government or local service district, as both are defined in ORS 174.116 (“Local government” and “local service district” defined), the local government or local service district may use ranked choice voting to determine the nomination for that local government or local service district office.(3)
This section does not apply to the nomination for or election to any office described in section 2 of this 2023 Act.(4)
Intentionally left blank —Ed.(a)
This section may not be construed to limit, restrict or preempt the authority of any home rule jurisdiction to provide for ranked choice voting conducted in the manner set forth in section 4 of this 2023 Act to determine nomination for or election to any office in that jurisdiction.(b)
This section may not be construed to limit, restrict or preempt the authority of any home rule jurisdiction that, on or after November 8, 2016, and prior to the effective date of this 2023 Act, adopted ranked choice voting to determine elections to office or offices of that jurisdiction, to use ranked choice voting in any manner adopted, amended or revised by the jurisdiction, including using ranked choice voting as locally adopted, amended or revised for elections to office or offices of that jurisdiction in lieu of the method of ranked choice voting set forth in section 4 of this 2023 Act and any rules adopted by the Secretary of State for the purpose of implementing section 4 of this 2023 Act.(5)
The secretary, in consultation with county clerks and elections officers as defined in ORS 255.005 (Definitions), shall:(a)
Adopt rules to implement this section; and(b)
Provide formal and informal guidance to cities, counties, metropolitan service districts organized under ORS chapter 268, school districts as defined in ORS 330.005 (Division of state into school districts) and local governments and local service districts, as both are defined in ORS 174.116 (“Local government” and “local service district” defined), regarding the implementation of this section. [2023 c.220 §3](2)
Intentionally left blank —Ed.(a)
The ballot shall provide electors with the option of ranking as many choices of qualified candidates and qualified write-in candidates as practicable.(b)
Each ballot that is cast shall count as one vote for the highest-ranked active candidate on that ballot. The tallying of ballots shall proceed in rounds, with each round proceeding sequentially as follows:(A)
If an active candidate has a majority of votes in a round, the candidate with the greatest number of votes is nominated or elected and the tallying of ballots is complete for that office.(B)
If no active candidate has a majority of votes in a round:(i)
The active candidate with the fewest votes is defeated and is no longer an active candidate;(ii)
Votes that had been counted for the defeated candidate are transferred to each ballot’s next highest-ranked active candidate; and(iii)
A new round of vote tallying begins with ballots retallied in the manner described in this subparagraph.(3)
Notwithstanding subsection (2) of this section and except as otherwise expressly provided by law, when an election to an office is determined by ranked choice voting, and more than one person is to be elected to a single office, the people elected to the office shall be determined by a proportional methodology adopted by rule by the Secretary of State. Any rules adopted under this subsection shall provide that candidates are elected to office by:(a)
Receiving more votes than a threshold determined by dividing the total votes counted for active candidates in the first round of tabulation by the sum of the number of people to be elected plus one, with all votes that are received by a candidate that are in excess of the minimum number of votes required to be elected to office being transferred to lower-ranked active candidates in the manner set forth in the proportional methodology adopted by the secretary under this subsection; or(b)
If the number of active candidates is less than or equal to the number of seats remaining to be filled, by being one of the active candidates.(4)
This section may not be interpreted to limit, restrict or preempt a major political party from selecting delegates for President of the United States according to party rules that are not inconsistent with ORS chapter 248.(5)
Intentionally left blank —Ed.(a)
The Secretary of State, in consultation with county clerks and elections officers as defined in ORS 255.005 (Definitions), shall adopt rules necessary for the implementation of this section, including, but not limited to:(A)
Determining the number of qualified candidates and qualified write-in candidates that are practicable to be ranked on the ballot for the purposes of subsection (2)(a) of this section;(B)
The tally processes for ranked choice voting; and(C)
Clearly defining any processes and terms needed for effectively implementing ranked choice voting.(b)
Prior to adopting rules relating to the nomination of candidates for President of the United States, the secretary shall also consult with, and receive input from, the Oregon chairperson from each major political party.(6)
As used in this section:(a)
“Active candidate” means a candidate who has not, for the election at which ballots are being tallied:(A)
Withdrawn;(B)
Been defeated; or(C)
Been nominated or elected.(b)
“Highest-ranked active candidate” means the active candidate assigned to a higher ranking on a ballot than any other active candidate.(c)
“Ranking” means the number available to be assigned by an elector to a candidate to express the elector’s choice for that candidate, with the number 1 being the highest ranking, followed by the number 2, then the number 3, with any additional rankings authorized under this section following sequentially.(d)
“Round” means an instance of the sequence of voting tabulation:(A)
In the manner described in subsection (2)(b) of this section for elections in which no more than one person is to be elected to a single office;(B)
Adopted under subsection (3) of this section for elections in which more than one person is to be elected to a single office; or(C)
Established in conformity with subsection (4) of this section for the presidential primary election of a major political party. [2023 c.220 §4](2)
The program established under this section shall:(a)
Involve community-based organizations;(b)
Be culturally appropriate; and(c)
Be available to electors in English and in the five most commonly spoken languages in this state, other than English, that have been identified by the secretary under ORS 251.167 (Secretary of State creation of list of five most commonly spoken languages). [2023 c.220 §5](2)
The Secretary of State and county clerks shall jointly submit two reports in the manner provided by ORS 192.245 (Form of report to legislature), and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to elections:(a)
Setting forth the results of the analysis conducted under subsection (1) of this section; and(b)
Detailing, to the degree practicable, each expenditure, and the associated cost of each expenditure, that the secretary and county clerks have determined is necessary to make in order to successfully implement this 2023 Act by the operative date specified in section 18 of this 2023 Act [January 1, 2028], including but not limited to expenditures related to:(A)
Staff training;(B)
Purchasing or updating new equipment;(C)
Voter education;(D)
Purchasing or updating new software; and(E)
Hiring additional staff.(3)
The Secretary of State and the county clerks shall submit:(a)
The first report required under subsection (2) of this section no later than March 15, 2025.(b)
The final report required under subsection (2) of this section no later than September 15, 2026. [2023 c.220 §16]
Source:
Section 254.056 — Date and purpose of general election and primary election, https://www.oregonlegislature.gov/bills_laws/ors/ors254.html (accessed May 26, 2025).