OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Recount Procedures in Oregon

The Oregon gubernatorial race between Chris Dudley and John Kitzhaber continues to be close and some reports indicate that there are more than 150, 000 ballots left to be counted. Both Multnomah and Lane counties have ballots that are as of yet uncounted. Dudley is little more than a percentage point ahead of Kitzhaber, at 47.94% to 49.14% (a margin of 15,000 votes). Of note is that in Multnomah County, more than 90,000 voters turned in ballots on the last day to do so, slowing counting.

Oregon law requires that a recount occur at the county level when the difference between the number of votes cast between the winning candidate and the closest opponent is not more than 1/5 of one percent of the total votes cast for both candidates. Or. Rev. Stat. § 258.280. If an automatic recount is not triggered in a county, a candidate can request a recount no later than 5 days after the Secretary of State declares the result of the election. Or. Rev. Stat. § 258.161. County clerks have to declare their official vote tallies to the Secretary of State by the 20th day after the election. Or. Rev. Stat. § 254.545.



Edward B. Foley

Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley

A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

more commentary...

In the News

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.


"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 

more EL@M in the news...

Info & Analysis

Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

more info & analysis...