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]
Note: Chapter 220, Oregon Laws 2023, was 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, sections 2 to 5 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. Sections 1 to 5, chapter 220, Oregon Laws 2023, provide:
Sec. 1. Sections 2 to 5 of this 2023 Act are added to and made a part of ORS chapter 254. [2023 c.220 §1]
Sec. 2. (1) Ranked choice voting as conducted in the manner set forth in section 4 of this 2023 Act shall be used to determine the nomination by a major political party for the following offices:

(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]
Sec. 3. (1) Unless otherwise prohibited by home rule charter:

(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]
Sec. 4. (1) When a nomination for or an election to an office is determined by ranked choice voting, the winner or winners of the nomination or election shall be determined in the manner set forth in this section.

(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]
Sec. 5. (1) The Secretary of State shall by rule establish a program to educate electors about how ranked choice voting will be conducted in elections held in this state.

(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]
Note: Chapter 220, Oregon Laws 2023, was referred to the people for their approval or rejection at the regular general election to be held throughout this state on November 5, 2024. See section 20, chapter 220, Oregon Laws 2023. Sections 16 and 17, chapter 220, Oregon Laws 2023, provide:
Sec. 16. (1) The Secretary of State, in consultation with the county clerks, shall analyze the election laws of this state to determine whether existing laws are inconsistent with the effective and efficient implementation of ranked choice voting elections.

(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]
Sec. 17. Section 16 of this 2023 Act is repealed on January 2, 2027. [2023 c.220 §17]

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).

254.005
Definitions
254.016
Elections conducted under this chapter
254.025
Construction of statutes applicable to primary elections
254.035
Time and place of elections for city officers
254.046
Expense of city election
254.056
Date and purpose of general election and primary election
254.065
Person receiving most votes nominated or elected
254.068
Simulated election for individuals under 18 years of age
254.071
Information regarding ballot format and method of voting ballot
254.074
County elections security plan
254.076
Register of candidates for nomination
254.085
Secretary of State’s statement of offices, candidates and measures
254.095
City elections officers’ statements of offices, candidates and measures
254.098
Expenses for change in information filed under ORS 254.085 or 254.095
254.103
Filing of measures referred by county governing body
254.108
Numbering county, city and district measures
254.115
Official primary election ballot
254.125
Nominating ballot for candidates to nonpartisan office
254.135
Official general or special election ballots
254.145
Design and contents of official ballots
254.155
Order of candidate names on ballot
254.165
Adjusting ballot when vacancy occurs
254.175
Providing ballot title and financial estimates in lieu of printing on ballot
254.185
Printing or furnishing of ballots by county clerk
254.195
Ballot specifications
254.235
Testing of voting machines and vote tally systems
254.321
Providing map of proposed boundaries for election on establishing or changing county or city boundaries
254.365
Voting at primary election by major party members and nonaffiliated electors
254.370
Record of nonaffiliated electors
254.399
When ballot considered legally cast
254.400
Elector right to cast vote in confidential manner
254.408
Procedure for voting by person for whom no evidence of registration is found
254.411
Voting after name change
254.415
Challenging ballot of person offering to vote
254.426
Procedure on challenged ballot
254.431
Special procedure for ballots challenged due to failure to sign return envelope or nonmatching signature
254.445
Assistance in marking ballot
254.458
Alternatives to secrecy envelope procedures
254.465
Elections to be conducted by mail
254.470
Procedures for conducting election by mail
254.471
Extension of deadline for returning ballots in case of emergency
254.472
Compartments for marking ballots
254.473
State payment for return of ballots by mail
254.474
Voting booths for primary and general elections
254.476
Personnel for counting ballots
254.478
Preparation for counting ballots
254.480
Replacement ballots
254.482
Persons authorized to watch receiving and counting of votes
254.483
Ballot security
254.485
Tally of ballots
254.495
Tally and return sheets
254.500
Tally of write-in votes
254.505
Ballots to be counted
254.515
Counting ballots marked “Federal only.”
254.525
Test of vote tally system
254.529
Choice of conducting hand recount of ballots or risk-limiting audit
254.532
Risk-limiting audit
254.535
Preservation of certain materials
254.545
Duties of county clerk after election
254.546
Duties of county clerk after recall election
254.548
Individual nominated or elected by write-in votes
254.555
Secretary of State’s duties after election
254.565
Duties of city elections officer after election
254.568
Certificate of election required before taking oath of office
254.575
Procedure when tie vote
254.650
Special election in case of death of nominee of major political party within 47 days of general election
254.655
Order calling special election
254.660
Conduct of special election

Current through early 2026

§ 254.056. Date & purpose of general election and primary election's source at oregon​.gov