Or. Admin. Code § 115-025-0073

Current through Register Vol. 63, No. 11, November 1, 2024

Section 115-025-0073 - Ballot Count Procedures

(1) Counting of Ballots. The Board Agent conducting the election will notify the parties of the date of the ballot count and advise the parties that they are entitled to be represented at the count. Upon the conclusion of the ballot count, the Board Agent will, on that same date, furnish the parties with a tally of ballots.

(2) Challenged Ballots:

(a) When there is good cause to question the eligibility of an individual to cast a ballot, a party to the election or the Board Agent may challenge the eligibility of the individual to participate in the election. Challenges may be made before or at the ballot counts.

(A) Challenges submitted before the ballot count must be in writing, supported by a statement describing the challenge, and provided to the other parties to the election.

(B) At the ballot count, challenges may be made orally before any ballots are opened.

(b) Challenged ballots will be impounded until eligibility is resolved. Successfully challenged ballots will not be opened and counted.

(c) The parties may resolve any challenged ballot(s) at the time of the ballot count. Challenges will not be resolved by the Board when the number of challenges will not affect the outcome of the election.

(d) When the number of challenged ballots is sufficient to affect the results of the election, the Board Agent will conduct an investigation and, when appropriate, will issue a notice of hearing.

(A) The dispute will be processed under the rules described in OAR 115-035-0060(5).

(B) The challenging party will bear the burden of proof and of going forward in the hearing.

(C) If the Board Agent exercised a challenge because the voter's name was not on the list of eligible voters, the party seeking to have the vote counted will have the burden of proof of eligibility and the burden of going forward.

Or. Admin. Code § 115-025-0073

ERB 1-2021, adopt filed 01/07/2021, effective 1/7/2021

Statutory/Other Authority: ORS 240.086(3) & 243.766(7)

Statutes/Other Implemented: ORS 243