Oregon Revised Statutes

Or. Rev. Stat. § 246.910 (2026)

Appeal from Secretary of State, county clerk or other elections official to courts; deadline for filing

✓ current as of May 2026

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246.910 Appeal from Secretary of State, county clerk or other elections official to courts; deadline for filing. (1) A person adversely affected by any act or failure to act by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, or by any order, rule, directive or instruction made by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, may appeal therefrom to the circuit court for the county in which the act or failure to act occurred or in which the order, rule, directive or instruction was made.

(2) An appeal described in subsection (1) of this section of an order of the Secretary of State approving or disapproving a state initiative petition for circulation for the purpose of obtaining signatures of electors must be filed within 60 days following the date the order is served.

(3) Any party to the appeal proceedings in the circuit court under subsection (1) of this section may appeal from the decision of the circuit court to the Court of Appeals.

(4) The circuit courts and Court of Appeals, in their discretion, may give precedence on their dockets to appeals under this section as the circumstances may require.

(5) The remedy provided in this section is cumulative and does not exclude any other remedy against any act or failure to act by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law or against any order, rule, directive or instruction made by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law. [1957 c.608 §19; 1975 c.227 §2; 1979 c.190 §38; 1983 c.514 §3; 1995 c.607 §10; 2005 c.797 §26]

246.990 [Repealed by 1957 c.608 §231]

246.991 [1967 c.338 §4; 1975 c.675 §7; repealed by 1979 c.190 §431]

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Notes of Decisions

Cited in 49 cases (5 in the last 5 years), 1962–2025 · leading case: League of Oregon Cities v. State, 56 P.3d 892 (Or. 2002).

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League of Oregon Cities v. State, 56 P.3d 892 (Or. 2002). · cites it 159× “OVERVIEW OF APPEAL REMEDY PROVIDED BY ORS 246.910 ORS 246.910 provides: "(1) A person adversely affected by any act or failure to act by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, or by…”

Couey v. Atkins, 355 P.3d 866 (Or. 2015). · cites it 10× “020, and a separate statute providing for challenges to actions of the Secretary of State, ORS 246.910. He asked for a declaration that ORS 250.”

State Ex Rel. Bunn v. Roberts, 726 P.2d 925 (Or. 1986). · cites it 23× “In the second proceeding (SC S33297), plaintiffs filed an action pursuant to ORS 246.910, [2] naming as defendants the Secretary *928 of State, the State Treasurer, the Director of the Executive Department and the Director of the Department of Revenue (hereafter "defendants").”

Lowe v. Keisling, 882 P.2d 91 (Or. Ct. App. 1994). · cites it 14× “Plaintiffs brought this action under the declaratory judgment statute, ORS chapter 28; the election law, ORS 246.910; and 42 U.S.C. § 1983 . The Secretary argues that plaintiffs have not alleged sufficient injury to meet the standing requirements.”

Ellis v. Roberts, 725 P.2d 886 (Or. 1986). · cites it 5× “010 et seq, and ORS 246.910(1). 1 Plaintiffs are two Oregon residents and registered voters whose more particular interest in this controversy will be detailed below.”

State Ex Rel. Fidanque v. Paulus, 688 P.2d 1303 (Or. 1984). · cites it 6× “Certainly this is a "directive or instruction made by the Secretary of State" from which ORS 246.910 allows an "appeal" to a circuit court.”

City of Eugene v. Roberts, 756 P.2d 630 (Or. 1988). · cites it 6× “This is a proceeding pursuant to ORS 246.910 in which the City of Eugene (City) seeks to compel Lane County election officials to place on the state primary election ballot an "advisory question" that the City Council wishes to submit to city voters.”

Hazell v. Brown, 287 P.3d 1079 (Or. 2012). · cites it 4× “In that regard, plaintiffs have standing 7 under ORS 246.910 to challenge the Secretary of State’s determination that Measure 47 8 is dormant as an operational matter.”

State Ex Rel. Keisling v. Norblad, 860 P.2d 241 (Or. 1993). · cites it 4× “The first claim is brought pursuant to ORS 246.910, which authorizes circuit court challenges to "any act or failure to act by the Secretary of State * * * under any election law.”

Leo v. Keisling, 986 P.2d 562 (Or. 1999). · cites it 9× “497 and also incorporates the court’s inherent equitable authority to award attorney fees. We turn to the text and context of the pertinent statutes.”

Lehman v. Bradbury, 37 P.3d 989 (Or. 2002). · cites it 2× “, and ORS 246.910(1), 1 challenging the constitutionality of Ballot Measure 3 (1992) (Measure 3 or “Term Limits Initiative”).”

McAlmond v. Myers, 500 P.2d 457 (Or. 1972). · cites it 9× “In addition, ORS 246.910 [10] provides that any person adversely affected by the Secretary of State's failure to act under any election law may appeal therefrom to the circuit court.”

Show all 49 citing cases →

— Or. Rev. Stat. § 246.910(1) — 27 cases

League of Oregon Cities v. State, 56 P.3d 892 (Or. 2002). “OVERVIEW OF APPEAL REMEDY PROVIDED BY ORS 246.910 ORS 246.910 provides: "(1) A person adversely affected by any act or failure to act by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, or by…”

Ellis v. Roberts, 725 P.2d 886 (Or. 1986). “010 et seq, and ORS 246.910(1). 1 Plaintiffs are two Oregon residents and registered voters whose more particular interest in this controversy will be detailed below.”

Lowe v. Keisling, 882 P.2d 91 (Or. Ct. App. 1994). “Plaintiffs brought this action under the declaratory judgment statute, ORS chapter 28; the election law, ORS 246.910; and 42 U.S.C. § 1983 . The Secretary argues that plaintiffs have not alleged sufficient injury to meet the standing requirements.”

Lehman v. Bradbury, 37 P.3d 989 (Or. 2002). “, and ORS 246.910(1), 1 challenging the constitutionality of Ballot Measure 3 (1992) (Measure 3 or “Term Limits Initiative”).”

Couey v. Atkins, 355 P.3d 866 (Or. 2015). “020, and a separate statute providing for challenges to actions of the Secretary of State, ORS 246.910. He asked for a declaration that ORS 250.”

— Or. Rev. Stat. § 246.910(2) — 1 case

Polonsky v. Washington Cnty. (Or. Ct. App. 2024).

— Or. Rev. Stat. § 246.910(3) — 2 cases

League of Oregon Cities v. State, 56 P.3d 892 (Or. 2002). “OVERVIEW OF APPEAL REMEDY PROVIDED BY ORS 246.910 ORS 246.910 provides: "(1) A person adversely affected by any act or failure to act by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, or by…”

Anantha v. Clarno, 461 P.3d 282 (Or. Ct. App. 2020).

— Or. Rev. Stat. § 246.910(4) — 7 cases

Couey v. Atkins, 355 P.3d 866 (Or. 2015). “020, and a separate statute providing for challenges to actions of the Secretary of State, ORS 246.910. He asked for a declaration that ORS 250.”

League of Oregon Cities v. State, 56 P.3d 892 (Or. 2002). “OVERVIEW OF APPEAL REMEDY PROVIDED BY ORS 246.910 ORS 246.910 provides: "(1) A person adversely affected by any act or failure to act by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, or by…”

Leo v. Keisling, 986 P.2d 562 (Or. 1999). “497 and also incorporates the court’s inherent equitable authority to award attorney fees. We turn to the text and context of the pertinent statutes.”

Couey v. Brown, 306 P.3d 778 (Or. Ct. App. 2013).

State ex rel Sajo v. Paulus, 688 P.2d 367 (Or. 1984).

— Or. Rev. Stat. § 246.910(5) — 1 case

Reeves v. Wagner, 434 P.3d 429 (Or. Ct. App. 2018).

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