Oregon Statutes 254.065 – Person receiving most votes nominated or elected; measure adopted by majority of votes; when measure conflicts
(1) When one person is to be nominated for or elected to an office, the person receiving the highest number of votes shall be 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 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 ORS § 254.650.
Terms Used In Oregon Statutes 254.065
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 254.005
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Measure: includes any of the following submitted to the people for their approval or rejection at an election:
(a) A proposed law. See Oregon Statutes 254.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(2) No measure shall be 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. [1979 c.190 § 230; 2003 c.542 § 8]
The amendments to 254.065 by section 9, 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. 254.065, as amended by section 9, chapter 220, Oregon Laws 2023, is set forth for the user’s convenience.
(1)(a) Except as provided in paragraph (b) of this subsection, when one person is to be nominated for or elected to an office, the person receiving the highest number of votes shall be nominated or elected. Except as provided in paragraph (c) of this subsection, 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 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 ORS § 254.650.
(b)(A) Except as otherwise provided in this paragraph, when a nomination for or election to an office is determined by ranked choice voting, a determination of which person has received the highest number of votes shall be done:
(i) In the manner set forth in section 4, chapter 220, Oregon Laws 2023; or
(ii) In the manner adopted, amended or revised by a local jurisdiction in conformity with section 3 (4)(b), chapter 220, Oregon Laws 2023.
(B) If the National Popular Vote interstate compact set forth in section 1, chapter 356, Oregon Laws 2019, governs the appointment of presidential electors and the election of presidential electors in this state is determined by ranked choice voting:
(i) The determination of which candidates for the position of presidential elector shall be declared elected in this state shall be made in accordance with the provisions of the National Popular Vote interstate compact; and
(ii) The ‘final determination’ of the presidential vote count reported and certified to the member states of the compact and to the federal government shall be the votes received in the final round of statewide tabulation by each slate of candidates for the offices of President and Vice President of the United States that received votes in the final round of statewide tabulation.
(c) When more than one person is to be nominated for or elected to a single office by ranked choice voting, a determination of which persons have received the highest number of votes shall be done in the manner established under section 4 (3), chapter 220, Oregon Laws 2023.
(2) No measure shall be 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.