246.820 Order
to compel county clerk, city elections officer or elections official to comply
with interpretation, rule, directive or instruction. (1) Whenever it appears to the
Secretary of State that a county clerk, city elections officer or a local
elections official has failed to comply with an interpretation of any election
law made by the Secretary of State under ORS 246.110 or has failed to comply
with a rule, directive or instruction made by the Secretary of State under ORS
246.120, 246.140 or 246.150, the Secretary of State may apply to the
appropriate circuit court for an order to compel the county clerk, city
elections officer or local elections official to comply.
(2) The court
shall dispose of the matter under subsection (1) of this section as soon as
possible, but in any case not later than the fifth day after the Secretary of
State applies for an order.
(3) The remedy
provided in this section is cumulative and does not exclude any other remedy
against a county clerk, city elections officer or local elections official who
fails to comply with an interpretation of any election law or the rule,
directive or instruction. [1957 c.608 §7; 1979 c.190 §36; 1985 c.448 §3; 1995
c.607 §9]
246.830 [1957 c.608 §13; 1979 c.190 §37;
repealed by 1985 c.448 §5]
APPEALS FROM OFFICERS,
OFFICIALS
Notes of Decisions
City of Eugene v. Roberts, 756 P.2d 630 (Or. 1988).
· cites it 4× “820(1), which authorizes the Secretary to compel compliance "[w]henever it appears * * * that a county clerk or a local election official has failed to comply with an interpretation of any election law * * * [or] with a rule, directive or instruction made by the Secretary * *…”
State ex rel. Sajo v. Paulus, 688 P.2d 367 (Or. 1984).
“ORS 246.820. In addition, the Secretary of State has promulgated administrative rules.”
City of Eugene v. Roberts, 756 P.2d 643 (Or. Ct. App. 1988).
· cites it 2× “The city also suggests that the secretary should have proceeded in circuit court under ORS 246.820(1) rather than through her unilateral directive.”
State ex rel. Sajo v. Paulus, 688 P.2d 367 (Or. 1984).
“ORS 246.820. [7] In addition, the Secretary of State has promulgated administrative rules.”
Or. Rev. Stat. § 246.820(1): 2 cases
City of Eugene v. Roberts, 756 P.2d 630 (Or. 1988).
“820(1), which authorizes the Secretary to compel compliance "[w]henever it appears * * * that a county clerk or a local election official has failed to comply with an interpretation of any election law * * * [or] with a rule, directive or instruction made by the Secretary * *…”
City of Eugene v. Roberts, 756 P.2d 643 (Or. Ct. App. 1988).
“The city also suggests that the secretary should have proceeded in circuit court under ORS 246.820(1) rather than through her unilateral directive.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.