Oregon

Status of Audit Legislation: 
Signed into law 2007 and updated in 2009, Oregon's audit law, ORS 254.529, can lead to a full recount and, if it does, is binding on the official results.
Notes: 

This information was updated in May 2014 using the 2013 Oregon Revised Statutes (ORS).  

Note: The website of the Oregon Secretary of State includes the elections statutes and allows one to link to individual chapters containing multiple statutes. The citations below will retrieve the entire text of the chapter. The Oregon election statutes are available at:  http://sos.oregon.gov/elections/Pages/laws-rules.aspx

State Summary

Signed into law in 2007 and updated in 2009, Oregon's audit law, ORS 254.529, can lead to a full recount and, if it does, is binding upon the official results.  

In addition, the Oregon Administrative Rules (OAR) allow for “administrative recounts.” While the rules refer to these as recounts, they are primarily post-election audits conducted at the discretion of the county elections official or by a directive from the Secretary of State Elections Division. Administrative recounts provide “a mechanism for selective recounts to confirm the accuracy of the automated vote tally systems used to count ballots.” The results of administrative recounts are not binding on the official results. See OAR 165-007-0270.

Most citations below are to ORS 254.529. Additional citations are to OAR 165-007-0290 and 165-007-0270.

Sampling Method: 

If the margin of victory between the two candidates receiving the largest number of votes in the county is less than one percent of the total votes cast in that election in the county: 10 percent of all precincts or of ballots in at least 10 percent of all batches of ballots will be audited. When the margin is between 1 and 2%, 5 percent will be audited, and when the margin is greater than 2%, 3 percent will be audited. At the general election, no fewer than 150 ballots must have been cast in at least one of the precincts selected.

Trigger: 

If a discrepancy greater than 1/2 of 1% is identified, the clerk shall recount the ballots to verify. If the discrepancy is then verified, the county clerk shall conduct a hand count of all ballots counted by that vote tally system. The hand count is the official tally of votes for that vote tally system.

Oversight: 
Secretary of State
Who Conducts the Audit?: 
County Clerks
Location of Random Selection: 
The Secretary of State shall select the precincts at random.
Types of Voting Machines in Use: 
Optical Scan machines For more detailed information, see Verified Voting's website: http://www.verifiedvoting.org/verifier/map.php?&topic_string=5std&year=2008&state=Oregon
Races that are Audited: 
the election contest between the two candidates receiving the largest number of votes in the county, an election contest for a state office and, if possible, an election contest for a state measure.
Voting Units that are Audited: 
Precincts
Timeline for Audit: 

Must begin no later than 20 days after the election and end earlier than 30 days after the election.

Completed Before Certification?: 

Yes

Do the results of the audit become the official tally?: 
Yes
Is the Audit Publicly Observable?: 
Yes
Local Contact Person: 
Kathy Jackson, Voting Matters/Oregon