Oregon

Status of Audit Legislation: 
Signed into law 2007 and updated in 2009. See ORS 254.529 at http://www.leg.state.or.us/ors/254.html. This page has not yet been updated to reflect the 2009 changes.
Link to Text of Legislation: 
Oregon's law (Section 254.529, "Hand count of ballots at general election; comparison with tally of vote tally system; procedures")
Notes: 

State Summary

 

Signed into law 2007 and updated in 2009, Oregon's audit law does not lead to a full recount but is binding upon the official results.

 

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 Section 254.529 of the Revised Statutes, “Hand count of ballots at general election; comparison with tally of vote tally system; procedures”: http://www.leg.state.or.us/ors/254.html.

 

Additional citations are to the Oregon Administrative Rules, Rule 165-007-0290, “Hand Count of Ballots at General Election,” http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_165/165_007.html.

Sampling Method: 

If the margin of victory between the two candidates receiving the largest number of votes in the county is less than one percent of the total votes cast in that election in the county: 10 percent of all precincts or of ballots in at least 10 percent of all batches of ballots will be audited. When the margin is between 1 and 2%, 5 percent will be audited, and when the margin is greater than 2%, 3 percent will be audited. At the general election, no fewer than 150 ballots must have been cast in at least one of the precincts selected.

Trigger: 

If a discrepancy greater than 1/2 of 1% is identified, the clerk shall recount the ballots to verify. If the discrepancy is then verified, the county clerk shall conduct a hand count of all ballots counted by that vote tally system. The hand count is the official tally of votes for that vote tally system.

Oversight: 
Secretary of State
Who Conducts the Audit?: 
County Clerks
Location of Random Selection: 
The Secretary of State shall select the precincts at random.
Types of Voting Machines in Use: 
Optical Scan machines For more detailed information, see Verified Voting's website: http://www.verifiedvoting.org/verifier/map.php?&topic_string=5std&year=2008&state=Oregon
Races that are Audited: 
the election contest between the two candidates receiving the largest number of votes in the county, an election contest for a state office and, if possible, an election contest for a state measure.
Voting Units that are Audited: 
Precincts
Timeline for Audit: 

Must begin no later than 20 days after the election and end earlier than 30 days after the election.

Completed Before Certification?: 

Yes

Local Contact Person: 
Kathy Jackson, Voting Matters/Oregon
Email contact form
Additional Resources: 
Oregon Revised Statutes - Title 23 - Elections
Oregon Secretary of State Elections Division
Oregon Audit Info from CEI