Notice of Proposed Rulemaking


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Secretary of State
Elections Division
255 Capitol St. NE, Suite 126 
Salem OR 97310
oregonvotes.gov


Contact: elections.sos@sos.oregon.gov | 503-986-1518 | Toll Free 1-866-673-VOTE

Notice of Proposed Rulemaking

OAR 165-007-0290

Relating to Hand Count of Ballots

The Elections Division is providing notice of administrative rulemaking activity for proposed changes to OAR 165-007-0290. The Division scheduled a public hearing and is accepting comments. More information can be found below and on our website.

Public Hearing and Comments

A public hearing for this rule will be held virtually via Microsoft Teams. The hearing will take place on October 6, 2022 from 2:00 to 2:30 p.m. Visit our website for more information. Public comments may be sent to the Elections Division until October 7, 2022 at 5:00 p.m.

FILING CAPTION: Changes the date and time of the data used in hand count calculations

RULE SUMMARY: This amendment provides that the results posted to the Secretary of State's electronic reporting system for unofficial results as of 5 p.m. the fourteenth day after the date of the election will be used calculate the margin of victory and to determine the percentage of precincts or ballot count batches to be hand counted.

CHANGES TO RULE: The proposed changes to OAR 165-007-0290 can be found at the State Archives division's website and the Elections Division's website. 

NEED FOR RULE: This rule changes the deadline to capture the data used in hand count calculations from 12:00 p.m. the day after the date of the election, to 5:00 p.m. the fourteenth day after the date of the election. This change is necessary so that ballots that arrive timely, but after the date of the election, can be counted and reflected in the data used to determine the percentage of precincts or ballot count batches to be hand counted.

DOCUMENTS RELIED UPON: ORS 254.529 available online at www.oregonlegislature.gov or from the agency.