§ ORS § 246.710Declaring county elections emergency; process; resumption of elections

(1) Notwithstanding ORS 246.200,
if the governing body of a county, after consultation with the county clerk or
county director of elections, believes that the county is in a state of fiscal
distress that compromises the county’s ability to conduct elections at a
minimally adequate level, the governing body may request that the Governor
declare a county elections emergency.

(2) Upon request
pursuant to subsection (1) of this section, the Governor shall consult with the
Secretary of State to determine whether to declare a county elections
emergency.

(3) Within 14
days after consultation with the secretary pursuant to subsection (2) of this
section, the Governor shall:

(a) Declare the
existence of a county elections emergency in the county; or

(b) Issue a
determination that the county’s fiscal situation does not cause the county to
conduct elections at a less than minimally adequate level.

(4) As soon as
practicable after declaration of an emergency pursuant to subsection (3)(a) of
this section and after consultation with the county clerk or county director of
elections, the secretary shall provide services in the county to the extent
necessary to ensure a minimally adequate level of election services to the
electors in the county and all municipal corporations in the county.

(5) If the
secretary must perform services in a county pursuant to subsection (4) of this
section, the secretary shall seek reimbursement from the Emergency Board for
such additional funds and spending authority as the secretary considers
necessary.

(6) At any time
after declaration of an emergency pursuant to subsection (3)(a) of this
section, the governing body of the county or the secretary may request that the
Governor, after consultation with the secretary, issue a determination pursuant
to subsection (3)(b) of this section.

(7)(a) The county
shall resume conducting elections for the electors of the county and all
municipal corporations in the county on the earlier of:

(A) The date on
which a determination is issued pursuant to subsection (6) of this section; or

(B) Two years
after the date on which an emergency is declared in the county pursuant to
subsection (3)(a) of this section.

(b) The governing
body of the county may request a declaration under subsection (1) of this
section at any time before or after the elapse of the two-year period described
in paragraph (a)(B) of this subsection in order to ensure continuity of
election services in the county. [2013 c.730 §2]



Note: 246.710 was added to and made a
part of ORS chapters 246 to 260 by legislative action but was not added to ORS
chapter 246 or any series therein. See Preface to Oregon Revised Statutes for
further explanation.



246.810 [1957 c.608 §6; 1979 c.190 §35;
repealed by 1985 c.448 §5]



COMPELLING OFFICERS,
OFFICIALS TO PERFORM DUTIES