ORS tit. 23, ch. 254, GENERAL PROVISIONS, TEMPORARY PROVISIONS RELATING to RANKED CHOICE VOTING ARE COMPILED AS NOTES FOLLOWING ORS 254.056
ORS tit. 23, ch. 254, GENERAL PROVISIONS, TEMPORARY PROVISIONS RELATING to RANKED CHOICE VOTING ARE COMPILED AS NOTES FOLLOWING ORS 254.056
Chapter 220, Oregon Laws 2023, was referred to the people for their approval or rejection at the regular general election to be held throughout this state on November 5, 2024. If chapter 220, Oregon Laws 2023, is approved by the people, sections 2 to 5 become operative January 1, 2028, and apply to elections and nominations occurring on or after January 1, 2028. See sections 18, 19 and 20, chapter 220, Oregon Laws 2023. Sections 1 to 5, chapter 220, Oregon Laws 2023, provide:
Sec. 1. Sections 2 to 5 of this 2023 Act are added to and made a part of ORS chapter 254. [2023 c. 220, § 1]
Sec. 2. (1) Ranked choice voting as conducted in the manner set forth in section 4 of this 2023 Act shall be used to determine the nomination by a major political party for the following offices:
(a) President of the United States.
(b) United States Senator and Representative in Congress.
(c) Governor, Secretary of State, State Treasurer and Attorney General.
(2) Ranked choice voting as conducted in the manner set forth in section 4 of this 2023 Act shall be used at the general election to determine election to the following offices:
(a) President and Vice President of the United States.
(b) United States Senator and Representative in Congress.
(c) Governor, Secretary of State, State Treasurer and Attorney General.
(3) Ranked choice voting as conducted in the manner set forth in section 4 of this 2023 Act shall be used at the primary election to determine election to the office of Commissioner of the Bureau of Labor and Industries. [2023 c. 220, § 2]
Sec. 3. (1) Unless otherwise prohibited by home rule charter:
(a) A city may use ranked choice voting to determine election to city office.
(b) A county may use ranked choice voting to determine election to county office.
(c) A metropolitan service district organized under ORS chapter 268 may use ranked choice voting to determine election to office of a metropolitan service district.
(d) A school district as defined in ORS 330.005 may use ranked choice voting to determine election to office of the school district.
(e) Any local government or local service district, as both are defined in ORS 174.116, may use ranked choice voting to determine election to office of the local government or local service district.
(2) Unless otherwise prohibited by home rule charter:
(a) For any partisan city office, a city may use ranked choice voting to determine the nomination for that office.
(b) For any partisan county office, a county may use ranked choice voting to determine the nomination for that office.
(c) For any partisan office that is part of a metropolitan service district organized under ORS chapter 268, the metropolitan service district may use ranked choice voting to determine the nomination for that office.
(d) For any partisan office of a school district as defined in ORS 330.005, the school district may use ranked choice voting to determine the nomination for that office.
(e) For any partisan office of a local government or local service district, as both are defined in ORS 174.116, the local government or local service district may use ranked choice voting to determine the nomination for that local government or local service district office.
(3) This section does not apply to the nomination for or election to any office described in section 2 of this 2023 Act.
(4)(a) This section may not be construed to limit, restrict or preempt the authority of any home rule jurisdiction to provide for ranked choice voting conducted in the manner set forth in section 4 of this 2023 Act to determine nomination for or election to any office in that jurisdiction.
(b) This section may not be construed to limit, restrict or preempt the authority of any home rule jurisdiction that, on or after November 8, 2016, and prior to the effective date of this 2023 Act, adopted ranked choice voting to determine elections to office or offices of that jurisdiction, to use ranked choice voting in any manner adopted, amended or revised by the jurisdiction, including using ranked choice voting as locally adopted, amended or revised for elections to office or offices of that jurisdiction in lieu of the method of ranked choice voting set forth in section 4 of this 2023 Act and any rules adopted by the Secretary of State for the purpose of implementing section 4 of this 2023 Act.
(5) The secretary, in consultation with county clerks and elections officers as defined in ORS 255.005, shall:
(a) Adopt rules to implement this section; and
(b) Provide formal and informal guidance to cities, counties, metropolitan service districts organized under ORS chapter 268, school districts as defined in ORS 330.005 and local governments and local service districts, as both are defined in ORS 174.116, regarding the implementation of this section. [2023 c. 220, § 3]
Sec. 4. (1) When a nomination for or an election to an office is determined by ranked choice voting, the winner or winners of the nomination or election shall be determined in the manner set forth in this section.
(2)(a) The ballot shall provide electors with the option of ranking as many choices of qualified candidates and qualified write-in candidates as practicable.
(b) Each ballot that is cast shall count as one vote for the highest-ranked active candidate on that ballot. The tallying of ballots shall proceed in rounds, with each round proceeding sequentially as follows:
(A) If an active candidate has a majority of votes in a round, the candidate with the greatest number of votes is nominated or elected and the tallying of ballots is complete for that office.
(B) If no active candidate has a majority of votes in a round:
(i) The active candidate with the fewest votes is defeated and is no longer an active candidate;
(ii) Votes that had been counted for the defeated candidate are transferred to each ballot's next highest-ranked active candidate; and
(iii) A new round of vote tallying begins with ballots retallied in the manner described in this subparagraph.
(3) Notwithstanding subsection (2) of this section and except as otherwise expressly provided by law, when an election to an office is determined by ranked choice voting, and more than one person is to be elected to a single office, the people elected to the office shall be determined by a proportional methodology adopted by rule by the Secretary of State. Any rules adopted under this subsection shall provide that candidates are elected to office by:
(a) Receiving more votes than a threshold determined by dividing the total votes counted for active candidates in the first round of tabulation by the sum of the number of people to be elected plus one, with all votes that are received by a candidate that are in excess of the minimum number of votes required to be elected to office being transferred to lower-ranked active candidates in the manner set forth in the proportional methodology adopted by the secretary under this subsection; or
(b) If the number of active candidates is less than or equal to the number of seats remaining to be filled, by being one of the active candidates.
(4) This section may not be interpreted to limit, restrict or preempt a major political party from selecting delegates for President of the United States according to party rules that are not inconsistent with ORS chapter 248.
(5)(a) The Secretary of State, in consultation with county clerks and elections officers as defined in ORS 255.005, shall adopt rules necessary for the implementation of this section, including, but not limited to:
(A) Determining the number of qualified candidates and qualified write-in candidates that are practicable to be ranked on the ballot for the purposes of subsection (2)(a) of this section;
(B) The tally processes for ranked choice voting; and
(C) Clearly defining any processes and terms needed for effectively implementing ranked choice voting.
(b) Prior to adopting rules relating to the nomination of candidates for President of the United States, the secretary shall also consult with, and receive input from, the Oregon chairperson from each major political party.
(6) As used in this section:
(a) "Active candidate" means a candidate who has not, for the election at which ballots are being tallied:
(A) Withdrawn;
(B) Been defeated; or
(C) Been nominated or elected.
(b) "Highest-ranked active candidate" means the active candidate assigned to a higher ranking on a ballot than any other active candidate.
(c) "Ranking" means the number available to be assigned by an elector to a candidate to express the elector's choice for that candidate, with the number 1 being the highest ranking, followed by the number 2, then the number 3, with any additional rankings authorized under this section following sequentially.
(d) "Round" means an instance of the sequence of voting tabulation:
(A) In the manner described in subsection (2)(b) of this section for elections in which no more than one person is to be elected to a single office;
(B) Adopted under subsection (3) of this section for elections in which more than one person is to be elected to a single office; or
(C) Established in conformity with subsection (4) of this section for the presidential primary election of a major political party. [2023 c. 220, § 4]
Sec. 5. (1) The Secretary of State shall by rule establish a program to educate electors about how ranked choice voting will be conducted in elections held in this state.
(2) The program established under this section shall:
(a) Involve community-based organizations;
(b) Be culturally appropriate; and
(c) Be available to electors in English and in the five most commonly spoken languages in this state, other than English, that have been identified by the secretary under ORS 251.167. [2023 c. 220, § 5]