Notice of Rulemaking
OAR 165-007-0290
Relating To Hand Recount Process
The Elections Division is providing this notice of rulemaking activity for OAR 165-007-0290. A Temporary Administrative Order has been filed and is effective September 10, 2021 through March 8, 2022. The Elections Division has also filed Notice to make these changes permanent and will hold a hearing and accept public comments. More information may be found below and on our website.
FILING CAPTION: Clarifies when hand recounts are required to be conducted.
CHANGES TO RULE: The proposed amendments to the text of the rule may be found in the Notice of Proposed Rulemaking.
PUBLIC HEARING: The hearing will be conducted virtually via Microsoft Teams. The hearing will take place on November 3, 2021 from 2:00 p.m. to 3:00 p.m. Visit our website for more information.
LAST DAY FOR PUBLIC COMMENT: Public comments may be sent to the Elections Division until November 4, 2021 at 3:00 p.m.
NEED FOR RULE: The changes to this rule clarify the elections at which a hand count is required to be conducted. ORS 254.529 does not define the term “special election” and this clarification is needed to ensure a consistent interpretation and application of the law and to be transparent about when hand counts are required to be conducted. These changes also allow the Elections Division to send an email to stakeholders notifying them if they will be affected by the hand count process.
JUSTIFICATION OF TEMPORARY FILING: The Secretary of State, Elections Division finds that failure to act promptly will result in serious prejudice to the public interest. County elections officials and the public will be affected if these rules are not effective in time for the September 2021 local election. The Elections Division will separately be conducting a permanent rulemaking process to allow for public comment on these changes.
DOCUMENTS RELIED UPON: ORS 246.150, 254.529.
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