Oregon Recount Laws

This information was initially released on October 21, 2010. Note: The website hosting Oregon's Revised Statutes does not allow for us to link to individual statutes or sections. The index for all statutes is available at: http://www.leg.state.or.us/ors/. However, most citations below are to Chapter 258, “Election Contests; Recounts”: http://www.leg.state.or.us/ors/258.html.

Voting System Used: 

Paper ballot (optical scanners, hand counted paper ballots, or a mix) For more details, visit Verified Voting.

Counting Method: 

Recount only The counting board is to conduct the recount by hand. See Section 258.211,“Opening ballot boxes; conduct of recount by hand; persons permitted to be present.”

Initiating Mechanism: 

Close vote margin Candidate-initiated Voter-initiated Election official-initiated Election Official-Initiated Recounts: County clerks may request recounts for specific precincts, for both offices and measures, to be paid for by their respective county. See Section 258.161, Subsection (3), “Filing demand for recount with Secretary of State; partial or full recount; deposit; waiver of deposit; deadline for filing demand; recount related to presidential election.” For this and all other requested recounts, with the exception of those requested for president and vice-president, the initiator may specify either a full or partial recount. County clerks may also combine partial recounts requested by multiple counties in order to constitute a full recount. See Section 258.171, “Full recount required to change results; exception for recount demand made by county clerk.” Additionally, the Oregon Administrative Rules allows for “administrative recounts.” While the OAR refers to these as recounts, they are in actuality a post-election audit conducted at the discretion of the county elections official. See Rule 165-007-0270, “Administrative Recounts”: http://arcweb.sos.state.or.us/rules/OARS_100/OAR_165/165_007.html. Timing: Administrative recounts must be initiated between 20 and 23 days after the election, and must be completed within 30 days after the election. See Rule 165-007-0270, Subsections (2) and (3). For non-administrative recounts, no hard-and-fast requirements for beginning or completing the recount are set out in the statutes. However, Section 258.221, “Completion of recount; certification of votes and cost; notification of person demanding recount,” does state that the recount “shall be completed as soon as practicable after the demand is filed.” Officials conducting the recount are also required to “appoint as many counting boards as may be necessary to complete the recount within the shortest practicable time after the demand is filed.” See Section 258.200, “Counting boards; appointment; compensation.”

Close Vote Margin: 

Less than or equal to 0.2% A recount is to be held in the case of a tie, or when the close vote margin between the apparent winning candidate and the next candidate “is not more than one-fifth of one percent of the total votes for both candidates.” See Section 258.280, “Automatic full recount required in certain elections of candidates for office; costs of recount to be paid by governmental unit.” This same margin is used for automatic recounts for measures; see Section 258.290, “Automatic full recount required in certain elections on measures; costs of recount to be paid by governmental unit; exception.” No restrictions are listed regarding the type of election in which a recount may be conducted. Timing: There are no requirements stipulated for the Secretary of State, who is responsible for ordering a recount in the case of a close vote, to do so within a given time frame.

Candidate-Initiated Options: 

Party official may petition for candidate Candidate determines how many/which precincts to recount Candidates may request for only a specified number of precincts (a partial recount) or for all precincts (a full recount). After the recount has begun, candidates may request that additional precincts be counted, to complete a full recount. For electors for presidential and vice presidential candidates, only a full recount may be requested. No restrictions are listed regarding the type of election in which a recount may be requested, or limiting the eligibility of certain offices for a recount. See Section 258.161, Subsections (1), (4) and (9). “Filing demand for recount with Secretary of State; …..” Only a full recount is binding and can alter the official election results; partial recounts conducted at the request of a candidate cannot change the official election results. See Section 258.171, “Full recount required to change results; exception for recount demand made by county clerk.” Timing: A request for a recount must be filed no later than the 35th day after the date of the election, except in the case of presidential and vice presidential candidates, who must be file no later than five business days after the Secretary of State declares the result. Supplemental demands for additional precincts may be made up to 45 days after the election. See Section 258.161, Subsections (8) and (9).

Voter-Initiated Options: 

Voters determine how many/which precincts to recount Voters may request recounts for initiatives/questions Any elector may request a recount for a measure on the ballot. Again, a full recount must be requested in order for the recount to alter the official election results. If one elector requests only a partial recount, another elector may file a request for the remaining precincts to be counted to complete a full recount. See 258.181, Subsections (2) and (4), “One recount only; two or more recount demands.” Timing: Voters requesting a recount on a measure must file no later than the 35th day after the date of the election, with supplemental demands for additional precincts to be made no later than 45 days after the election. See Section 258.161, Subsection (8). ….” As with recounts requested by candidates or county clerks, the recount is to “completed as soon as practicable after the demand is filed.” See Section 258.221. “Completion of recount; certification of votes and cost; notification of person demanding recount.”

Cost for Candidate-Initiated Recounts: 

Initiator pays set or per jurisdiction fee Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount The initiator must deposit a $15 per precinct fee, not to exceed $8000 total. See Section 258.161, Subsection (5). The deposit may be waived “if, after the first demand, it appears that due to nondeliberate and material error by a local elections official... the outcome of an election on a candidate or measure will be changed.” The county responsible for the error is then responsible for the cost of the recount. See Section 258.161, Subsection (6). For full recounts only, the deposit is to be refunded if the outcome of the election is changed in favor of the initiator. See Section 258.250, Subsection (1),“Payment of cost of recount.”

Cost for Voter-Initiated Recounts: 

Initiator pays set or per jurisdiction fee Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount The initiator must deposit a $15 per precinct fee, not to exceed $8000 total. See Section 258.161, Subsection (5). The deposit may be waived “if, after the first demand, it appears that due to nondeliberate and material error by a local elections official... the outcome of an election on a candidate or measure will be changed.” The county responsible for the error is then responsible for the cost of the recount. See Section 258.161, Subsection (6). For full recounts only, the deposit is to be refunded if the outcome of the election is changed in favor of the initiator. See Section 258.250, Subsection (1),“Payment of cost of recount.”

Challengers and Observers: 

Party/candidate or initiator has statutory authority to appoint observers No statutory guidance for recount challengers Oregon statutes allow for observers during recounts, but specify that they must be requested. For nominations and offices, the candidate or an elector whom they have authorized, as well as an elector representing each political party, has statutory authority to request to observe the recount. For measures, “one elector advocating and one elector opposing the measure” may request to observe. See Section 258.211, Subsection (2). We found no statute requiring the recount to be conducted publicly. If you know of relevant laws or rules for this state regarding any of these issues, please email info@ceimn.org.

Rules for Determining Voter Intent: 

Statutory guidance provided Like many other states, Oregon gives only basic statutory guidance on this matter, stating that if the choice cannot be discerned for an office or measure, their vote for that office or measure shall not be counted. See Section 254.505: http://www.leg.state.or.us/ors/254.html.

Audit Laws: 

State has audit laws See: http://www.ceimn.org/state-audit-legislation-reference-guide/oregon.

Additional Resources: 
Oregon Revised Statutes - Title 23 - Elections
Oregon Secretary of State Elections Division
Oregon Audit Info from CEI