254.005
Definitions. 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) “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.
(3) “County clerk”
means the county clerk or the county official in charge of elections.
(4) “Elector”
means an individual qualified to vote under section 2, Article II, Oregon
Constitution.
(5) “Major
political party” means a political party that has qualified as a major
political party under ORS 248.006.
(6) “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.
(7) “Minor
political party” means a political party that has qualified as a minor
political party under ORS 248.008.
(8) “Nonpartisan
office” means the office of judge of the Supreme Court, Court of Appeals,
circuit court or the Oregon Tax Court, 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.
(9) “Prospective
petition” means the information, except signatures and other identification of
petition signers, required to be contained in a completed petition.
(10) “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).
(11) “Vote tally
system” means one or more pieces of equipment necessary to examine and tally
automatically the marked ballots.
(12) “Voting
machine” means any device that will record every vote cast on candidates and
measures and that will either internally or externally total all votes cast on
that device. [1979 c.190 §224; 1983 c.392 §5; 1983 c.567 §15; 1985 c.324 §2;
1987 c.707 §16; 1993 c.493 §95; 1995 c.92 §5; 1995 c.107 §2; 1995 c.607 §79;
1999 c.410 §43; 2001 c.430 §2; 2005 c.731 §4; 2005 c.797 §67; 2007 c.154 §19;
2009 c.491 §7; 2010 c.18 §3; 2011 c.731 §13]
254.007 [1999 c.410 §39; 2001 c.805 §4;
repealed by 2007 c.154 §67]
254.010 [Repealed by 1957 c.608 §231]
254.015 [1973 c.283 §4; 1977 c.487 §1;
repealed by 1979 c.190 §431]
Notes of Decisions
City of Eugene v. Roberts, 756 P.2d 630 (Or. 1988).
· cites it 6× “The definition of "ballot" in ORS 254.005(1) supports our position: "`Ballot' means any material on which votes may be cast for candidates or measures.”
De Young v. Brown, 443 P.3d 642 (Or. Ct. App. 2019).
· cites it 2× “610, and, in that court's view, ORS 254.005 defines "electors" as those qualified to vote in an election, rather than those who, in fact, voted.”
Harisay v. Clarno, 474 P.3d 378 (Or. 2020).
“005(3)(e); ORS 254.005(6)(e) (both defining “measure” to include a “proposition or question”).”
Sawyer v. Chapman, 729 P.2d 1220 (Kan. 1986).
· cites it 2× “805 as amended [temporarily codified as notes preceding Or. Rev. Stat. § 254.005 (1986)]); Washington ( Wash.”
Bowers v. Betschart, 496 P.3d 1034 (Or. Ct. App. 2021).
“” Thus, the text of that provi- sion directs the county clerk—the official who is responsible for submitting county charter amendments to the electors, see ORS 254.005(2)(b) (defining “[c]hief elections officer” as the “[c]ounty clerk, regarding * * * a measure to be voted on in…”
City of Eugene v. Roberts, 756 P.2d 643 (Or. Ct. App. 1988).
“ORS 254.005(7) provides: “ ‘Measure’ includes any of the following submitted to the people for their approval or rejection at an election: “(a) A proposed law.”
Kinney v. O'Connor, 907 P.2d 257 (Or. Ct. App. 1996).
“The Supreme Court held that the advisory question was not a “measure” within the meaning of ORS 254.005(7), which defines “measure” as something submitted to the people for the “approval or rejection” at an election, because it permitted a choice between only “approval and…”
— Or. Rev. Stat. § 254.005(1) — 1 case
City of Eugene v. Roberts, 756 P.2d 630 (Or. 1988).
“The definition of "ballot" in ORS 254.005(1) supports our position: "`Ballot' means any material on which votes may be cast for candidates or measures.”
— Or. Rev. Stat. § 254.005(2)(b) — 1 case
Bowers v. Betschart, 496 P.3d 1034 (Or. Ct. App. 2021).
“” Thus, the text of that provi- sion directs the county clerk—the official who is responsible for submitting county charter amendments to the electors, see ORS 254.005(2)(b) (defining “[c]hief elections officer” as the “[c]ounty clerk, regarding * * * a measure to be voted on in…”
— Or. Rev. Stat. § 254.005(4) — 1 case
De Young v. Brown, 443 P.3d 642 (Or. Ct. App. 2019).
“610, and, in that court's view, ORS 254.005 defines "electors" as those qualified to vote in an election, rather than those who, in fact, voted.”
— Or. Rev. Stat. § 254.005(6)(e) — 1 case
Harisay v. Clarno, 474 P.3d 378 (Or. 2020).
“005(3)(e); ORS 254.005(6)(e) (both defining “measure” to include a “proposition or question”).”
— Or. Rev. Stat. § 254.005(7) — 3 cases
City of Eugene v. Roberts, 756 P.2d 630 (Or. 1988).
“The definition of "ballot" in ORS 254.005(1) supports our position: "`Ballot' means any material on which votes may be cast for candidates or measures.”
City of Eugene v. Roberts, 756 P.2d 643 (Or. Ct. App. 1988).
“ORS 254.005(7) provides: “ ‘Measure’ includes any of the following submitted to the people for their approval or rejection at an election: “(a) A proposed law.”
Kinney v. O'Connor, 907 P.2d 257 (Or. Ct. App. 1996).
“The Supreme Court held that the advisory question was not a “measure” within the meaning of ORS 254.005(7), which defines “measure” as something submitted to the people for the “approval or rejection” at an election, because it permitted a choice between only “approval and…”
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