ORS 254.165
Adjusting ballot when vacancy occurs

  • notice to Secretary of State
  • exception

(1)

If the filing officer determines that a candidate has died, withdrawn or become disqualified, or that the candidate will not qualify in time for the office if elected, the name of the candidate may not be printed on the ballots or, if ballots have already been printed, the ballots must be reprinted without the name of the candidate before the ballots are delivered to the electors. The name of a candidate nominated to fill a vacancy in nomination or office must be printed on the ballots or, if the ballots have already been printed, the county clerk shall cause the name to appear on the ballots before the ballots are delivered to the electors. A filing officer, other than the Secretary of State, shall notify the Secretary of State of any action taken under this section.

(2)

Subsection (1) of this section does not apply if the filing officer makes the determination under subsection (1) of this section on or after the 61st day before the date of the election.

(3)

As used in this section:

(a)

“District” means a district defined in ORS 255.012 (“District” defined).

(b)

“Filing officer” means the:

(A)

Secretary of State, regarding a candidate for a state office or an office to be voted on in the state at large or in a congressional district.

(B)

County clerk, regarding a candidate for a county office.

(C)

County clerk of the county in which the administrative office of the district is located, regarding a candidate for a district office to be voted on in a district located in more than one county.

(D)

County clerk, regarding a candidate for a district office to be voted on in a district situated wholly within the county.

(E)

City clerk, auditor or recorder, regarding a candidate for a city office. [Formerly 250.161; 1983 c.514 §12; 1991 c.719 §28; 1999 c.410 §48; 2007 c.154 §28; 2009 c.366 §1; 2018 c.70 §6]

Source: Section 254.165 — Adjusting ballot when vacancy occurs; notice to Secretary of State; exception, https://www.­oregonlegislature.­gov/bills_laws/ors/ors254.­html.

See also annotations under ORS 250.161 in permanent edition.

Notes of Decisions

Once Secretary of State determined that plaintiffs’ certificates of nomination were not valid, she had duty to direct that plaintiffs’ names be removed from ballot. Goldstein v. Radokovich, 68 Or App 843, 683 P2d 149 (1984), Sup Ct review denied

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 254.408
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 return identification 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
Green check means up to date. Up to date

Current through early 2024

§ 254.165’s source at oregon​.gov