§ ORS § 255.405Requirements for qualifying district elections; information required in manuals produced by Secretary of State

(1) Notwithstanding ORS chapter 332, 334 or 341 or any other provision of law:

(a) A qualifying
district election may not be conducted in a manner that impairs the ability of
members of a protected class to have an equal opportunity to elect candidates
of their choice or an equal opportunity to influence the outcome of an election
as a result of the dilution or abridgment of the rights of electors who are
members of that protected class; and

(b) The board of
a qualifying district, in consultation with the county clerk that administers
the electoral system of the qualifying district, may authorize a change to the
electoral system used by the qualifying district in order to comply with ORS
255.400 to 255.424. Prior to authorizing a change under this paragraph, the
board must take into consideration any recommendations made by the county clerk
that administers the electoral system of the qualifying district.

(2) The Secretary
of State shall include information regarding ORS 255.400 to 255.424 both in any
manuals that provide a summary of all election law in this state that are
compiled by the secretary and made publicly available on the secretary’s
Internet website and in any other publications the secretary considers
appropriate. In addition, the secretary shall develop and make publicly
available on the secretary’s Internet website a guide describing:

(a) The process
for an elector to notify the board of a qualifying district and bring an action
alleging that a qualifying district’s electoral system fails to comply with
this section; and

(b) The options
and applicable timelines available to a board and qualifying district that
receive a notice described in paragraph (a) of this subsection. [2019 c.449 §3]



255.410 [Amended by 1953 c.359 §4; 1957
c.608 §201; 1961 c.532 §3; 1969 c.83 §3; 1975 c.766 §14; 1977 c.516 §4; 1979
c.190 §188; renumbered 251.185]