§ ORS § 254.485Tally of ballots; rules

(1) Ballots may be tallied by a vote tally system or by a counting board. A
counting board may tally ballots at the precinct or in the office of the county
clerk. In any event, the ballots shall be tallied and returned by precinct.

(2) If a counting
board has been appointed, the tally of ballots may begin on the date of the
election.

(3)(a) If ballots
are tallied by a counting board, after the tally has begun it shall continue
until completed. Except as provided in paragraph (b) of this subsection, a
counting board shall tally without adjournment and in the presence of the
clerks and persons authorized to attend.

(b) A counting
board may be relieved by another board if the tally is not completed after 12
hours.

(4) A counting
board shall audibly announce the tally as it proceeds. The board shall use only
pen and ink to tally.

(5) For ballots
cast using a voting machine, the county clerk shall:

(a) Enter the
ballots cast using the machine into the vote tally system; and

(b) In the event
of a recount, provide the paper record copy recorded by the machine to the
counting board.

(6) A person
other than the county clerk, a member of a counting board or any other
elections official designated by the county clerk may not tally ballots under
this chapter.

(7) The Secretary
of State shall by rule establish a procedure for announcing the status of the
tally of the ballots received after the date of the election. Rules adopted
under this subsection must:

(a) Consider the
number of ballots being released in relation to the size of the district;

(b) Prioritize
voter anonymity; and

(c) After
prioritizing voter anonymity under paragraph (b) of this subsection, prioritize
the importance of timely reporting election results. [1979 c.190 §270; 1995
c.607 §45; 1999 c.318 §37; 1999 c.410 §58; 2001 c.965 §23; 2005 c.731 §5; 2005
c.797 §68; 2007 c.154 §44; 2009 c.592 §3; 2021 c.551 §4; 2024 c.56 §3]