70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session

House Bill 3162

Sponsored by Representative ROSENBAUM (at the request of Northwest Democracy Institute and Oregonians for Fair and Equal Representation)
 
SUMMARY

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced.

Requires elections for nomination and election of candidates to state office to be conducted by instant runoff voting system. Specifies procedures for conducting tally of ballots.

A BILL FOR AN ACT

Relating to tally of ballots for certain candidate elections; creating new provisions; and amending ORS 254.065 and 254.145.

Be It Enacted by the People of the State of Oregon:

SECTION 1. { + Sections 2 and 3 of this 1999 Act are added to and made a part of ORS chapter 254. + }

SECTION 2. { + The Legislative Assembly finds that:

(1) The instant runoff voting system is a critical step forward in the continuing evolution of democracy.

(2) Just as a traditional runoff election allows electors to cast a second ballot, producing a fairer and more democratic result than a plurality election, the instant runoff voting system allows electors to mark alternate choices on a single ballot.

(3) The instant runoff voting system eliminates one candidate at a time. This system enhances the recognized advantages to traditional runoffs and results in:
(a) Fewer wasted votes;
(b) More enfranchised electors;
(c) A more credible position from which the winner may declare
a mandate; and
(d) No elections in which a winner is declared without
receiving a majority of the votes cast. + }

SECTION 3. { + (1) Elections for the nomination and election
of candidates for state office, as defined in ORS 249.002, shall
be conducted as described in this section.

(2) On each ballot, an elector may vote for the elector's
first, second and additional choices from among the candidates.

(3) Ballots shall be counted as follows:
(a) If one candidate receives a majority of the first choice
votes, that candidate is nominated or elected.
(b) If no candidate receives a majority of the first choice
votes, then the candidate who has received the fewest number of
first choice votes shall be declared defeated. Each vote cast for
the defeated candidate shall be transferred to the candidate who
was each elector's next choice on the ballot.
(c) Candidates with the fewest number of votes shall continue
to be declared defeated and votes for those candidates shall be
transferred to the candidate who was each elector's next choice
on the ballot until a candidate receives a majority of votes
cast. When a candidate receives a majority of votes, that
candidate shall be declared nominated or elected.

(4) Notwithstanding any provision of this section, a candidate
who receives fewer than 10 votes shall be declared defeated.

(5) If all candidates for whom an elector voted on a ballot
have been defeated, the ballot shall be declared exhausted and
shall not be considered in any continuing determination of
whether a candidate for the nomination or election received a
majority of the votes cast. If the ballot of an elector does not
list the elector's choices in numerical order, the elector's next
clearly indicated choice in order shall be counted. Ballots
marked with the same choice more than once shall be declared
exhausted when that choice is reached in counting the votes.

(6) If there is a tie between candidates at any stage of the
counting of the votes, and one of the candidates is to be
eliminated, the tie shall be resolved as provided in ORS 254.575.

(7) Each ballot shall have space for one write-in candidate.

(8) An elector may vote a number of choices as follows:
(a) For each office at which there are three or more candidates
listed on the ballot, an elector may indicate three choices.
(b) For each office at which there are two candidates listed on
the ballot, an elector may indicate two choices.
(c) For each office at which there is one or no candidate
listed on the ballot, an elector may indicate one choice. + }

SECTION 4. ORS 254.065 is amended to read:

254.065. (1) { + Except as provided in section 3 of this 1999
Act for nominations and elections to state office, as defined in
ORS 249.002, + } when one person is to be nominated for or
elected to an office, the person receiving the highest number of
votes shall be nominated or elected. When more than one person is
to be nominated for or elected to a single office, the persons
receiving the higher number of votes shall be nominated or
elected.

(2) No measure shall be adopted unless it receives an
affirmative majority of the total votes cast on the measure. If
two or more conflicting laws, or amendments to the Constitution
or charter, are approved at the same election, the law, or
amendment, receiving the greatest number of affirmative votes
shall be paramount regarding each conflict, even though the law,
or amendment, may not have received the greatest majority of
affirmative votes.

SECTION 5. ORS 254.145 is amended to read:
254.145. (1) The names of candidates for nomination for or
election to each office shall be arranged on the ballot or ballot
label in the order determined under ORS 254.155. The names of
candidates for the offices of President and Vice President of the
United States, however, shall be arranged in groups. Except as
provided in ORS 254.125, 254.135 and this section, no information
about the candidate, including any title or designation, other
than the candidate's name, shall appear on the ballot. In a
precinct in which voting machines are used, spaces shall be
provided, either on the ballot or on separate material delivered
to the elector with the ballot, in which the elector may write
the names of persons for any offices appearing on the ballot
label. In other precincts, at the end of the list of candidates
for each office shall be a blank space in which the elector may
write the name of any person not printed on the ballot. On the
left margin of the ballot or ballot label the name of each group
or candidate may be numbered. The blank spaces shall not be
numbered. A particular number shall not be used to designate more
than one candidate at any election.

(2) The names of all candidates for the same office shall be
listed in the same column on the ballot or ballot label. If more
than one column is needed to list names of all candidates for
that office, the names may be arranged in one or more columns in
block form. The block shall be set apart by rulings under the
title of the office. If a blank space follows the list of
candidates, the space shall be in the same column as the names of
candidates for that office. If blocks of columns are used, blank
spaces shall be included within the ruled block.

(3) In precincts using voting machines, the ballot label shall
be clearly marked to indicate when names of candidates for the
office are continued on the following page.

(4) When a measure is submitted to the people, the number,
ballot title and financial estimates under ORS 250.125 of each
measure shall be printed after the list of candidates. A measure
referred by the Legislative Assembly shall be designated '
Referred to the People by the Legislative Assembly.' A state
measure referred by petition shall be designated 'Referendum
Order by Petition of the People.' A state measure proposed by
initiative petition shall be designated 'Proposed by Initiative
Petition. '

(5) Each official ballot shall have a removable stub. The stub
on the ballots for a precinct shall be numbered consecutively.

(6) The ballot shall be printed to give the elector a clear
opportunity to designate the elector's choice for candidates and
approval or rejection of measures submitted. In precincts not
using voting machines the elector shall indicate a preference by
making a cross or check mark inside a voting square corresponding
to the candidate or answer for which the elector wishes to vote.
A voting square may be printed on the blank, write-in vote
spaces. However, the elector is not required to place a mark in
the voting square corresponding to a name written in a blank
space. On the ballot or ballot label shall be printed words to
aid the elector, such as 'Vote for one,' 'Vote for three,' and
regarding measures, 'Yes' and 'No. '

{ + (7) Notwithstanding any provision of this section, a
ballot containing the names of candidates for nomination or
election to state office, as defined in ORS 249.002, shall be
designed to accommodate the instant runoff voting system
described in section 3 of this 1999 Act. + }

SECTION 6. { + Section 3 of this 1999 Act and the amendments
to ORS 254.065 and 254.145 by sections 4 and 5 of this 1999 Act
apply to elections conducted on or after January 1, 2001. + }

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