ORS 254.365
Voting at primary election by major party members and nonaffiliated electors


(1)

An elector is not qualified or permitted to vote at any primary election for any candidate of a major political party, and it is unlawful for the elector to offer to do so, unless:

(a)

The elector is registered as being affiliated with one of the major political parties nominating or electing its candidates for public office at the primary election; or

(b)

The elector is registered as not being affiliated with any political party and wishes to vote in the primary election of a major political party that has provided under subsection (3) of this section for a primary election that admits electors not affiliated with any political party.

(2)

Except as provided in ORS 254.470 (Procedures for conducting election by mail) (3), any elector offering to vote at the primary election shall be given a ballot of the major political party with which the elector is registered as being affiliated. The elector may not be given a ballot of any other political party at that primary election. An elector not affiliated with any political party and offering to vote at the primary election shall be given the ballot of the major political party in whose primary election the elector wishes to vote if that party has provided under subsection (3) of this section for a primary election that admits electors not affiliated with any political party. An elector not affiliated with any political party who is given a ballot of the major political party associates with the party for the purpose of voting in that primary election.

(3)

Intentionally left blank —Ed.

(a)

Not later than the 90th day before the date of the primary election, a major political party may file with the Secretary of State a certified copy of the current party rule allowing an elector not affiliated with any political party to vote in the party’s primary election. The party may not repeal the rule as filed during the 90 days before the primary election. The rule shall continue to be effective after the date of the primary election until the party gives written notice to the Secretary of State that the rule has been repealed. Except as provided in paragraph (b) of this subsection, a party rule under this subsection may limit the candidates for whom an elector who is not affiliated with any political party may vote.

(b)

The party rule shall allow any elector who is permitted to vote for the most numerous branch of the Legislative Assembly also to vote in federal legislative elections, consistent with section 2, Article I, and the Seventeenth Amendment to the United States Constitution.

(4)

If the primary election ballot includes city, county or nonpartisan offices or measures, and it is given to an elector who is not eligible to vote for party candidates, the ballot shall be marked “non-affiliated.” [Formerly 249.366; 1987 c.719 §§1,20; 1995 c.712 §62; 1999 c.999 §51; 2007 c.154 §34]

Source: Section 254.365 — Voting at primary election by major party members and nonaffiliated electors, https://www.­oregonlegislature.­gov/bills_laws/ors/ors254.­html.

See also annotations under ORS 249.366 in permanent edition.

Attorney General Opinions

Unconstitutionality of requiring political parties to allow nonmembers to vote in primary elections, (1977) Vol 38, p 765; political party permitting voters who are not affiliated with such party to participate in primary election for choice of its candidates, (1981) Vol 41, p 466

254.005
Definitions
254.016
Elections conducted under this chapter
254.025
Construction of statutes applicable to primary elections
254.035
Time and place of elections for city officers
254.046
Expense of city election
254.056
Date and purpose of general election and primary election
254.065
Person receiving most votes nominated or elected
254.068
Simulated election for individuals under 18 years of age
254.071
Information regarding ballot format and method of voting ballot
254.074
County elections security plan
254.076
Register of candidates for nomination
254.085
Secretary of State’s statement of offices, candidates and measures
254.095
City elections officers’ statements of offices, candidates and measures
254.098
Expenses for change in information filed under ORS 254.085 or 254.095
254.103
Filing of measures referred by county governing body
254.108
Numbering county, city and district measures
254.115
Official primary election ballot
254.125
Nominating ballot for candidates to nonpartisan office
254.135
Official general or special election ballots
254.145
Design and contents of official ballots
254.155
Order of candidate names on ballot
254.165
Adjusting ballot when vacancy occurs
254.175
Providing ballot title and financial estimates in lieu of printing on ballot
254.185
Printing or furnishing of ballots by county clerk
254.195
Ballot specifications
254.235
Testing of voting machines and vote tally systems
254.321
Providing map of proposed boundaries for election on establishing or changing county or city boundaries
254.365
Voting at primary election by major party members and nonaffiliated electors
254.370
Record of nonaffiliated electors
254.408
Procedure for voting by person for whom no evidence of registration is found
254.411
Voting after name change
254.415
Challenging ballot of person offering to vote
254.426
Procedure on challenged ballot
254.431
Special procedure for ballots challenged due to failure to sign return envelope or nonmatching signature
254.445
Assistance in marking ballot
254.458
Alternatives to return identification envelope procedures
254.465
Elections to be conducted by mail
254.470
Procedures for conducting election by mail
254.471
Extension of deadline for returning ballots in case of emergency
254.472
Compartments for marking ballots
254.473
State payment for return of ballots by mail
254.474
Voting booths for primary and general elections
254.476
Personnel for counting ballots
254.478
Preparation for counting ballots
254.480
Replacement ballots
254.482
Persons authorized to watch receiving and counting of votes
254.483
Ballot security
254.485
Tally of ballots
254.495
Tally and return sheets
254.500
Tally of write-in votes
254.505
Ballots to be counted
254.515
Counting ballots marked “Federal only.”
254.525
Test of vote tally system
254.529
Choice of conducting hand recount of ballots or risk-limiting audit
254.532
Risk-limiting audit
254.535
Preservation of certain materials
254.545
Duties of county clerk after election
254.546
Duties of county clerk after recall election
254.548
Individual nominated or elected by write-in votes
254.555
Secretary of State’s duties after election
254.565
Duties of city elections officer after election
254.568
Certificate of election required before taking oath of office
254.575
Procedure when tie vote
254.650
Special election in case of death of nominee of major political party within 47 days of general election
254.655
Order calling special election
254.660
Conduct of special election
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