Recount laws in Oregon

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Oregon. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Oregon.[1]

  • Does state law require automatic recounts?
    • Yes, when a tie vote occurs. For federal or state office, an automatic recount also occurs if the difference between the elected and the closest defeated candidate is less than 0.2% of total votes cast for the two candidates.
  • When must an automatic recount be completed?
    • No set deadline.
  • Can a recount be requested?
    • Yes, the recount can be requested within 35 days after the election. If the initial recount was a partial recount, the requester has within 45 days after the election to request a full recount. No margin is required and there is no set deadline for completion.
  • Who pays for a requested recount?
    • The requester.
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount was a full recount and it changes the election outcome in his or her favor. If the recount is requested by a county clerk, the state covers the cost of the recount.
  • Can a partial recount be requested?
    • Yes, but only a full recount can be used to change the election outcome. A partial recount can change the election outcome only if it is requested by an election official.

Oregon recount procedures

Automatic recount procedures

For statewide and federal elections, Oregon requires an automatic recount in the event of a tie or when the margin between the winning candidate and the next closest candidate is less than or equal to 0.2% of the total vote for both candidates. The same procedure applies to ballot measures unless the ballot measure required at least 50% of registered voters to vote on it and failed to reach that threshold.[1]

Requested recount procedures

Candidates or a political party officer on behalf of a candidate may request a full or partial recount, though recounts for presidential elections must be full recounts. Voters may request a full or partial recount of any ballot measure.[1]

In all instances, the deadline to request a recount is no later than 35 days after the election. In the event that a partial recount was conducted, the requester may ask for a supplemental recount covering non-recounted precincts no later than 45 days after the election. Only a full recount can change the election outcome.[1]

The requester is responsible for costs associated with the recount unless the recount was a full recount that changed the election outcome in favor of the requester, in which case the costs are refunded.[1]

Election officials may also request recounts, which are paid for by the state. County clerks may request either partial or full recounts for offices and ballot measures. Unlike other requested recounts, a partial recount requested in this manner is sufficient to change the election outcome. The deadlines for the request of these recounts are the same as those for other types of requested recounts.[1]

There is no set deadline for the completion of a requested recount.

For more information about recount procedures in Oregon, click here.

Oregon voting equipment

See also: Voting methods and equipment by state

Oregon conducts its elections by mail.[2][3]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Oregon State Statutes, "258.161,280," accessed October 16, 2020
  2. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  3. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  4. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  5. ↑ A court may order a recount under Arizona law.
  6. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  7. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  8. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  9. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  10. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  11. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  12. ↑ No mention in state law.
  13. ↑ No mention in state law.
  14. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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