§ ORS § 254.165Adjusting ballot when vacancy occurs; notice to Secretary of State; exception

(1) If the filing officer
determines that a candidate has died, withdrawn or become disqualified, or that
the candidate will not qualify in time for the office if elected, the name of
the candidate may not be printed on the ballots or, if ballots have already
been printed, the ballots must be reprinted without the name of the candidate
before the ballots are delivered to the electors. The name of a candidate
nominated to fill a vacancy in nomination or office must be printed on the
ballots or, if the ballots have already been printed, the county clerk shall
cause the name to appear on the ballots before the ballots are delivered to the
electors. A filing officer, other than the Secretary of State, shall notify the
Secretary of State of any action taken under this section.

(2) Subsection
(1) of this section does not apply if the filing officer makes the
determination under subsection (1) of this section on or after the 61st day
before the date of the election.

(3) As used in
this section:

(a) “District”
means a district defined in ORS 255.012.

(b) “Filing
officer” means the:

(A) Secretary of
State, regarding a candidate for a state office or an office to be voted on in
the state at large or in a congressional district.

(B) County clerk,
regarding a candidate for a county office.

(C) County clerk
of the county in which the administrative office of the district is located,
regarding a candidate for a district office to be voted on in a district
located in more than one county.

(D) County clerk,
regarding a candidate for a district office to be voted on in a district
situated wholly within the county.

(E) City clerk,
auditor or recorder, regarding a candidate for a city office. [Formerly
250.161; 1983 c.514 §12; 1991 c.719 §28; 1999 c.410 §48; 2007 c.154 §28; 2009
c.366 §1; 2018 c.70 §6]



254.170 [Amended by 1957 c.608 §178;
repealed by 1979 c.190 §431]