§ ORS § 254.365Voting at primary election by major party members and nonaffiliated electors

(1) An elector is not qualified or
permitted to vote at any primary election for any candidate of a major
political party, and it is unlawful for the elector to offer to do so, unless:

(a) The elector
is registered as being affiliated with one of the major political parties
nominating or electing its candidates for public office at the primary
election; or

(b) The elector
is registered as not being affiliated with any political party and wishes to
vote in the primary election of a major political party that has provided under
subsection (3) of this section for a primary election that admits electors not
affiliated with any political party.

(2) Except as
provided in ORS 254.470 (3), any elector offering to vote at the primary
election shall be given a ballot of the major political party with which the
elector is registered as being affiliated. The elector may not be given a
ballot of any other political party at that primary election. An elector not
affiliated with any political party and offering to vote at the primary
election shall be given the ballot of the major political party in whose
primary election the elector wishes to vote if that party has provided under
subsection (3) of this section for a primary election that admits electors not
affiliated with any political party. An elector not affiliated with any
political party who is given a ballot of the major political party associates
with the party for the purpose of voting in that primary election.

(3)(a) Not later
than the 90th day before the date of the primary election, a major political
party may file with the Secretary of State a certified copy of the current
party rule allowing an elector not affiliated with any political party to vote
in the party’s primary election. The party may not repeal the rule as filed
during the 90 days before the primary election. The rule shall continue to be
effective after the date of the primary election until the party gives written
notice to the Secretary of State that the rule has been repealed. Except as
provided in paragraph (b) of this subsection, a party rule under this
subsection may limit the candidates for whom an elector who is not affiliated
with any political party may vote.

(b) The party
rule shall allow any elector who is permitted to vote for the most numerous
branch of the Legislative Assembly also to vote in federal legislative
elections, consistent with section 2, Article I, and the Seventeenth Amendment
to the United States Constitution.

(4) If the
primary election ballot includes city, county or nonpartisan offices or
measures, and it is given to an elector who is not eligible to vote for party
candidates, the ballot shall be marked “non-affiliated.” [Formerly 249.366;
1987 c.719 §§1,20; 1995 c.712 §62; 1999 c.999 §51; 2007 c.154 §34]