Oregon Statutes 254.426 – Procedure on challenged ballot
(1) Whenever any person offers to vote a ballot challenged under ORS § 254.415, the county clerk shall ensure that the ballot offered by the person includes the number of the written statement of challenge so that the ballot may be identified in any future contest of the election.
Terms Used In Oregon Statutes 254.426
- ballot: includes material posted in a voting compartment or delivered to an elector by mail. See Oregon Statutes 254.005
- County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 254.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) The county clerk shall examine the challenge and determine if the person is validly registered to vote and if the vote was properly cast. The ballot shall be counted only if the county clerk determines the person is validly registered.
(3) The county clerk shall ensure that the information on the numbered written statement is treated as confidential so that in the event of a recount of votes it cannot be determined how any challenged person voted.
(4) The county clerk shall mail to each person offering to vote a ballot challenged under ORS § 254.415 a written statement that describes the nature of the challenge. If the person does not provide evidence sufficient to verify the person’s registration by the deadline described in subsection (5) of this section, the registration of the person shall be considered inactive until the person updates or verifies the registration, the registration is canceled or the county clerk determines that the person is validly registered.
(5) The registration of each person offering to vote a ballot challenged under ORS § 254.415 shall be verified not later than the 14th calendar day after the date of the election in order for the vote of the person to be counted. [1991 c.14 § 3; 1993 c.713 § 33; 1995 c.607 § 82; 2009 c.511 § 9; 2013 c.695 § 1]
[Repealed by 1973 c.392 § 4]