Oregon Statutes 249.088 – Nomination or election of candidate at nominating election
(1) Except as provided in ORS § 249.091, at the nominating election held on the date of the primary election:
Terms Used In Oregon Statutes 249.088
- Candidate: means an individual whose name is or is expected to be printed on the official ballot or a write-in candidate. See Oregon Statutes 249.002
- Nonpartisan office: means the office of judge, 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. See Oregon Statutes 249.002
(a) Unless a candidate for nonpartisan office receives a majority of the votes cast for the office, the two candidates who receive the highest number of votes are nominated.
(b) If a candidate for nonpartisan office receives a majority of votes cast for the office, that candidate is elected.
(2) The application of this section is subject to the provisions of a home rule charter. [1979 c.190 § 118; 1979 c.451 § 5; 1979 c.587 § 3; 1983 c.350 § 66; 1989 c.218 § 1; 1991 c.719 § 7; 1993 c.493 § 12; 1995 c.92 § 2; 1995 c.607 § 77; 1995 c.712 § 27; 2011 c.607 § 2]
The amendments to 249.088 by section 13, chapter 220, Oregon Laws 2023, were referred to the people for their approval or rejection at the regular general election to be held throughout this state on November 5, 2024. If chapter 220, Oregon Laws 2023, is approved by the people, the amendments become operative January 1, 2028, and apply to elections and nominations occurring on or after January 1, 2028. See sections 18, 19 and 20, chapter 220, Oregon Laws 2023. 249.088, as amended by section 13, chapter 220, Oregon Laws 2023, is set forth for the user’s convenience.
(1) Except as provided in ORS § 249.091, at the nominating election held on the date of the primary election:
(a) Unless a candidate for nonpartisan office receives a majority of the votes cast for the office, the two candidates who receive the highest number of votes are nominated.
(b) If a candidate for nonpartisan office receives a majority of votes cast for the office, that candidate is elected.
(2) The application of this section is subject to the provisions of a home rule charter.
(3) This section does not apply to any election to nonpartisan office for which ranked choice voting as conducted in the manner set forth in section 4, chapter 220, Oregon Laws 2023, is used to determine election to the office.
[Amended by 1957 c.608 § 74; 1975 c.766 § 5; 1977 c.829 § 6; repealed by 1979 c.190 § 431]