73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1526
House Bill 2638
Sponsored by Representative DINGFELDER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows county or city to adopt instant runoff voting system for
nomination or election of candidates to county or city office.
A BILL FOR AN ACT
Relating to elections; creating new provisions; and amending ORS
246.560, 249.088, 254.005, 254.065, 254.145, 254.575, 258.250
and 258.280.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 254.005 is amended to read:
254.005. As used in this chapter:
(1) 'Ballot' means any material on which votes may be cast for
candidates or measures. In the case of a recall election, '
ballot' includes material posted in a voting compartment or
delivered to an elector by mail.
(2) 'Ballot label' means the material containing the names of
candidates or the measures to be voted on.
(3) 'Chief elections 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, or a measure to be voted on in the state
at large.
(b) County clerk, regarding a candidate for a county office, or
a measure to be voted on in a county only.
(c) City clerk, auditor or recorder, regarding a candidate for
a city office, or a measure to be voted on in a city only.
(4) 'County clerk' means the county clerk or the county
official in charge of elections.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
{ + (6) 'Instant runoff voting' means a system of voting for
candidates for nomination or election to county or city office,
authorized by section 16, Article II of the Oregon Constitution,
under which an elector may express the elector's first, second or
additional choices among the candidates for nomination or
election to county or city office. + }
{ - (6) - } { + (7) + } 'Major political party' means a
political party that has qualified as a major political party
under ORS 248.006.
{ - (7) - } { + (8) + } 'Measure' includes any of the
following submitted to the people for their approval or rejection
at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
{ - (8) - } { + (9) + } 'Minor political party' means a
political party that has qualified as a minor political party
under ORS 248.008.
{ - (9) - } { + (10) + } 'Nonpartisan office' means the
office of judge of the Supreme Court, Court of Appeals, circuit
court or the Oregon Tax Court, Superintendent of Public
Instruction, Commissioner of the Bureau of Labor and Industries,
any elected office of a metropolitan service district under ORS
chapter 268, justice of the peace, county clerk, county assessor,
county surveyor, county treasurer, county judge who exercises
judicial functions, sheriff, district attorney or any office
designated nonpartisan by a home rule charter.
{ - (10) - } { + (11) + } 'Prospective petition' means the
information, except signatures and other identification of
petition signers, required to be contained in a completed
petition.
{ - (11) - } { + (12) + } 'Regular district election' means
the election held each year for the purpose of electing members
of a district board as defined in ORS 255.005 (2).
{ - (12) - } { + (13) + } 'Voting machine' means:
(a) Any device which will record every vote cast on candidates
and measures and which will either internally or externally total
all votes cast on that device.
(b) Any device into which a ballot may be inserted and which is
so designed and constructed that the vote for any candidate or
measure may be indicated by punching or marking the ballot.
{ - (13) - } { + (14) + } 'Vote tally system' means one or
more pieces of equipment necessary to examine and tally
automatically the marked or punched ballots.
SECTION 2. { + Sections 3 and 4 of this 2005 Act are added to
and made a part of ORS chapter 254. + }
SECTION 3. { + (1) Notwithstanding any provision of ORS
chapters 203, 221 and 246 to 260, a county or city charter or
ordinance may authorize the use of an instant runoff voting
system for the nomination and election of candidates to county or
city office.
(2) The Secretary of State shall adopt rules governing the
conduct of county or city elections using an instant runoff
voting system.
(3) Notwithstanding ORS 254.046, if a county or city conducts
an election on any date using an instant runoff voting system,
the county or city shall bear the cost of the election. + }
SECTION 4. { + (1) Elections for the nomination or election of
candidates to county or city office that use an instant runoff
voting system authorized under section 3 of this 2005 Act shall
be conducted as provided in this section.
(2) The ballot shall be designed to allow an elector to vote
for the elector's first, second and third choices from among the
candidates, including candidates listed on the ballot or one
write-in candidate.
(3) Ballots shall be counted as follows:
(a) The elector's vote shall be assigned to the candidate
marked as the elector's first choice. If one candidate receives a
majority of the first-choice votes, that candidate shall be
declared nominated or elected.
(b) If no candidate receives a majority of the first-choice
votes, the candidate receiving the fewest first-choice votes is
eliminated. Each vote cast for the eliminated candidate shall be
transferred to the candidate who was the elector's next choice on
the ballot.
(c) Candidates with the fewest votes shall continue to be
eliminated, with the votes for those candidates transferred to
the candidate who was the elector's next choice on the ballot
until a candidate receives a majority of the votes cast. When a
candidate receives a majority of votes, that candidate is
nominated or elected.
(d) Notwithstanding any provision of this subsection, a
candidate is eliminated before the first tally of ballots if the
candidate receives fewer than 500 votes, or less than 10 percent
of the total votes cast for the nomination or office, whichever
is less.
(4) An elector may vote for the elector's choices as follows:
(a) For each nomination or office for which there are three or
more candidates listed on the ballot, an elector may indicate
three choices.
(b) For each nomination or office for which there are two
candidates listed on the ballot, an elector may indicate two
choices.
(c) For each nomination or office for which there is one or no
candidate listed on the ballot, an elector may indicate one
choice.
(5) If all candidates for whom an elector voted on a ballot are
eliminated, the ballot is considered exhausted and may not be
considered in any continuing determination of whether a candidate
for the nomination or election received a majority of the votes
cast. If the ballot of an elector does not list the elector's
choices in numerical order, the elector's next clearly indicated
choice in order shall be counted. If an elector's ballot assigns
the same numeric choice to more than one candidate, those
assignments are invalid and the elector's vote is transferred to
the next numeric choice, if any.
(6) If two or more candidates for the same nomination or
election, after a recount of the votes cast, have an equal and
the highest number of votes at any stage of the counting of the
votes, and one of the candidates is to be eliminated, the tie
shall be resolved as provided in ORS 254.575. + }
SECTION 5. ORS 254.065, as amended by section 8, chapter 542,
Oregon Laws 2003, is amended to read:
254.065. (1) { + Subject to subsection (2) of this
section, + } when one person is to be nominated for or elected to
an office, the person receiving the highest number of votes
{ - shall be - } { + is + } nominated or elected. When more
than one person is to be nominated for or elected to a single
office, the persons receiving the higher number of votes
{ - shall be - } { + is + } nominated or elected. This
subsection does not apply to a candidate for election to an
office at a general election if the election for the office must
be held at a special election as described in section 2, chapter
542, Oregon Laws 2003.
{ + (2) When one person is to be nominated for or elected to
a county or city office using an instant runoff voting system
described in section 4 of this 2005 Act, the person receiving the
highest number of votes as provided in section 4 of this 2005 Act
is nominated or elected. When more than one person is to be
nominated for or elected to a single office, the persons
receiving the higher number of votes as provided in section 4 of
this 2005 Act are nominated or elected. + }
{ - (2) - } { + (3) + } { - No measure shall be - }
{ + A measure is not + } adopted unless it receives an
affirmative majority of the total votes cast on the measure. If
two or more conflicting laws, or amendments to the Constitution
or charter, are approved at the same election, the law, or
amendment, receiving the greatest number of affirmative votes
shall be paramount regarding each conflict, even though the law,
or amendment, may not have received the greatest majority of
affirmative votes.
SECTION 6. ORS 254.145 is amended to read:
254.145. (1) The names of candidates for nomination for or
election to each office shall be arranged on the ballot or ballot
label in the order determined under ORS 254.155. The names of
candidates for the offices of President and Vice President of the
United States, however, shall be arranged in groups. Except as
provided in ORS 254.125, 254.135 and this section, no information
about the candidate, including any title or designation, other
than the candidate's name, shall appear on the ballot. In a
precinct in which voting machines are used, spaces shall be
provided, either on the ballot or on separate material delivered
to the elector with the ballot, in which the elector may write
the names of persons for any offices appearing on the ballot
label. In other precincts, at the end of the list of candidates
for each office shall be a blank space in which the elector may
write the name of any person not printed on the ballot. On the
left margin of the ballot or ballot label the name of each group
or candidate may be numbered. The blank spaces shall not be
numbered. A particular number shall not be used to designate more
than one candidate at any election.
(2) The names of all candidates for the same office shall be
listed in the same column on the ballot or ballot label. If more
than one column is needed to list names of all candidates for
that office, the names may be arranged in one or more columns in
block form. The block shall be set apart by rulings under the
title of the office. If a blank space follows the list of
candidates, the space shall be in the same column as the names of
candidates for that office. If blocks of columns are used, blank
spaces shall be included within the ruled block.
(3) In precincts using voting machines, the ballot label shall
be clearly marked to indicate when names of candidates for the
office are continued on the following page.
(4) When a measure is submitted to the people, the number,
ballot title and financial estimates under ORS 250.125 of each
measure shall be printed after the list of candidates. A measure
referred by the Legislative Assembly shall be designated '
Referred to the People by the Legislative Assembly.' A state
measure referred by petition shall be designated 'Referendum
Order by Petition of the People.' A state measure proposed by
initiative petition shall be designated 'Proposed by Initiative
Petition. '
(5) For an election conducted at polling places under this
chapter, each official ballot shall have a removable stub. The
stub on the ballots for a precinct shall be numbered
consecutively.
(6) The ballot shall be printed to give the elector a clear
opportunity to designate the elector's choice for candidates and
approval or rejection of measures submitted. In precincts not
using voting machines the elector shall indicate a preference by
making a cross or check mark inside a voting square corresponding
to the candidate or answer for which the elector wishes to vote.
A voting square may be printed on the blank, write-in vote
spaces. However, the elector is not required to place a mark in
the voting square corresponding to a name written in a blank
space. On the ballot or ballot label shall be printed words to
aid the elector, such as 'Vote for one,' 'Vote for three,' and
regarding measures, 'Yes' and 'No. '
{ + (7) Notwithstanding subsection (6) of this section, the
Secretary of State by rule shall design ballots to accommodate an
instant runoff voting system described in section 4 of this 2005
Act. If a county or city has authorized an instant runoff voting
system under section 3 of this 2005 Act, the county clerk shall
use ballots designed by the secretary in any county or city
election in which the instant runoff voting system is used. + }
SECTION 7. ORS 254.575 is amended to read:
254.575. { + (1) Except as provided in subsection (2) of this
section, + } when two or more candidates for the same office,
after a full recount of votes, have an equal and the highest
number of votes:
{ - (1) - } { + (a) + }For election to state Senator or
Representative, a party office, or a public office for which the
elections officer is other than the Secretary of State, the
elections officer shall have the candidates meet publicly to
decide by lot who is elected.
{ - (2) - } { + (b) + } For election to a public office
other than Governor or those referred to in { - subsection (1)
of this section - } { + paragraph (a) of this subsection + },
the Secretary of State by proclamation shall order a new election
to fill the office.
{ - (3) - } { + (c) + } For election to Governor, the
Legislative Assembly at the beginning of the next regular session
shall meet jointly and elect one of the candidates.
{ - (4) - } { + (d) + } For nomination by one major
political party to an office, the elections officer who receives
filings for nomination to the office shall have the candidates
meet publicly to decide by lot who is nominated.
{ + (2) In a county or city that has authorized an instant
runoff voting system under section 3 of this 2005 Act, when two
or more candidates for the same county or city office, after a
recount of votes, have an equal and the highest number of votes
at any stage of the counting of votes under section 4 of this
2005 Act and one of the candidates is to be eliminated, the
elections officer shall have the candidates meet publicly to
decide by lot who is eliminated. + }
SECTION 8. ORS 258.250 is amended to read:
258.250. (1) { - If the abstract of votes resulting from a
full recount shows that the outcome of the election on the
measure was changed or that a candidate for whose benefit the
recount was demanded received a plurality of the votes, - } The
deposit required by ORS 258.161 shall be refunded by the
Secretary of State to the person who filed the demand { + for a
recount if the abstract of votes resulting from a full recount
shows that:
(a) The outcome of the election on a measure was changed;
(b) The candidate for whose benefit the recount was demanded
received a plurality of the votes; or
(c) In a county or city that has authorized an instant runoff
voting system under section 3 of this 2005 Act, the candidate for
whose benefit the recount was demanded received the highest
number of votes + }.
(2) The Secretary of State shall transfer the deposit required
by ORS 258.161 and any additional amount paid pursuant to
subsection (5) of this section to a special account in the
General Fund if:
(a) A full recount was not conducted; or
(b) The abstract of votes resulting from a full recount shows
that:
(A) The outcome of the election on { - the - } { + a + }
measure was not changed; { - or - }
(B) { - A - } { + The + } candidate for whose benefit the
recount was demanded did not receive a plurality of the votes
{ - . - } { + ; or
(C) In a county or city that has authorized an instant runoff
voting system under section 3 of this 2005 Act, the candidate for
whose benefit the recount was demanded did not receive the
highest number of votes. + }
(3) All moneys deposited in the special account under
subsection (2) of this section are appropriated for the purpose
of reimbursing the county, city or other political subdivision or
public corporation for the cost of the recount.
(4) Upon receipt from the official directed to conduct the
recount of a signed certificate itemizing the cost of the
recount, the Secretary of State shall request the Oregon
Department of Administrative Services to issue warrants for the
amount so certified. Any portion of the deposit required by ORS
258.161 remaining after the cost of the recount has been paid
shall be refunded to the person who filed the demand upon receipt
of a warrant from the Oregon Department of Administrative
Services showing the amount of the refund to which the person is
entitled.
(5) If the cost of the recount exceeds the amount of the
deposit required by ORS 258.161, and if the person who filed the
demand does not qualify for a refund under subsection (1) of this
section, the person shall pay to the Secretary of State the
amount of the excess cost.
SECTION 9. ORS 258.280 is amended to read:
258.280. (1) The Secretary of State shall order a full recount
of the votes cast for nomination or election to a public office
for which the Secretary of State is the filing officer, and the
county clerk who conducted the election shall order a full
recount of the votes cast for nomination or election to any other
public office if the canvass of votes of the election reveals
that:
(a) Two or more candidates for that nomination or office have
an equal and the highest number of votes;
{ + (b) In a county or city that has authorized an instant
runoff voting system under section 3 of this 2005 Act, two or
more candidates for the same county or city office have an equal
and the highest number of votes at any stage of the counting of
votes under section 4 of this 2005 Act and one of the candidates
is to be eliminated; + } or
{ - (b) - } { + (c) + } The difference in the number of
votes cast for a candidate apparently nominated or elected to the
office and the votes cast for the closest apparently defeated
opponent is not more than one-fifth of one percent of the total
votes for both candidates.
(2) The cost of a full recount conducted under this section
shall be paid by the county for a county office, by the city for
a city office, by the special district for a special district
office or by the state for any other office.
SECTION 10. ORS 246.560 is amended to read:
246.560. (1) { - No - } { + A + } voting machine
{ - shall - } { + may not + } be approved by the Secretary of
State unless it is constructed so that it:
(a) Secures to the elector secrecy of voting.
(b) Provides facilities for voting for the candidates of as
many political parties or organizations as may make nominations
and for or against as many measures as may be submitted.
(c) Permits the elector to vote for any person and as many
persons for an office and upon any measure for which the elector
has the right to vote.
(d) Permits the elector, except at a primary election, to vote
for all the candidates of one party or in part for the candidates
of one party and in part for the candidates of one or more other
parties.
(e) Correctly records on a separate ballot the votes cast by
each elector for any person and for or against any measure.
(f) Provides that a vote for more than one candidate cannot be
cast by one single operation of the voting machine or vote tally
system except for President and Vice President and electors for
those offices.
(g) Provides that straight party pointers shall be disconnected
from all candidate pointers.
(2) A vote tally system shall be:
(a) Capable of correctly counting votes on ballots on which the
proper number of votes have been marked or punched for any office
or measure that has been voted.
(b) Capable of ignoring the votes marked or punched for any
office or measure where more than the allowable number of votes
have been marked or punched, but shall correctly count the
properly voted portions of the ballot.
(c) Capable of accumulating a count of the specific number of
ballots tallied for a precinct, accumulating total votes by
candidate for each office, and accumulating total votes for and
against each measure of the ballots tallied for a precinct.
(d) Capable of tallying votes from ballots of different
political parties, from the same precinct, in a primary election.
(e) Capable of accommodating the procedure established under
ORS 254.155.
(f) Capable of automatically producing precinct totals in
either printed, marked, or punched form, or combinations thereof.
{ + (g) Capable of accommodating the instant runoff voting
system described in section 4 of this 2005 Act. + }
SECTION 11. ORS 249.088 is amended to read:
249.088. (1) { - Unless otherwise provided by - }
{ + Subject to subsection (2) of this section and the provisions
of + } a home rule charter { - , - } { + :
(a) Except as provided in paragraphs (b) and (c) of this
subsection, + } at the nominating election held on the date of
the primary election, { + the + } two candidates { + receiving
the highest number of votes + } shall be nominated for the
nonpartisan office.
{ + (b) + } { - However, - } { + Except as provided in
paragraph (c) of this subsection, + } when a candidate { - ,
other than a candidate for the office of sheriff, a candidate for
the office of county clerk, a candidate for the office of county
treasurer or a candidate to fill a vacancy, - } { + for
nonpartisan office + } receives a majority of the votes cast for
the office at the nominating election, that candidate is elected.
{ - (2) - } { + (c) + } When a candidate for the office of
sheriff, { - the office of - } county clerk { - , the office
of - } { + or + } county treasurer or a candidate to fill a
vacancy receives a majority of votes cast for the office at the
nominating election, that candidate alone is nominated.
{ + (2) In a county or city that has authorized an instant
runoff voting system under section 3 of this 2005 Act:
(a) Except as provided in paragraphs (b) and (c) of this
subsection, two candidates shall be nominated for the nonpartisan
office except that the procedure described in section 4 of this
2005 Act shall continue until two candidates remain;
(b) Except as provided in paragraph (c) of this subsection,
when a candidate for the nonpartisan office receives a majority
of the first -choice votes cast under section 4 of this 2005 Act,
that candidate is elected; and
(c) When a candidate for the office of sheriff, county clerk or
county treasurer or a candidate to fill a vacancy receives a
majority of the first-choice votes cast under section 4 of this
2005 Act, that candidate alone is nominated. + }
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