(1) The ballot boxes containing the ballots to be recounted shall be opened by the official directed to make the recount only in the presence of the counting board and the persons referred to in this section. (2) The counting board shall conduct the recount by hand and, if requested, permit: (a) In the instance of a nomination or office, an affected candidate or an elector authorized in writing by an affected candidate, and an elector authorized in writing by each major or minor political party to be present to watch the recount. (b) In the instance of a measure, one elector advocating and one elector opposing the measure to be present to watch the recount. (3) For ballots cast using a voting machine: (a) The county clerk shall deposit the paper record copy recorded by the machine into the ballot box; and (b) The paper record copies are the ballots to be recounted under this section. [Formerly 251.570; 2001 c.965 §35; 2005 c.731 §6; 2005 c.797 §69] 258.215 [1965 c.586 §15; 1973 c.662 §2; 1975 c.212 §1; 1977 c.829 §18; 1979 c.317 §14; repealed by 1979 c.190 §431] 258.220 [1953 c.397 §8; 1957 c.608 §212; repealed by 1965 c.586 §34]
§ ORS § 258.211Opening ballot boxes; conduct of recount by hand; persons permitted to be present
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