ORS 254.485: Tally 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]