2021 Oregon Revised Statutes
Chapter 254 - Conduct of Elections
Section 254.365 - Voting at primary election by major party members and nonaffiliated electors.


(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 (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)(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the date of the primary election until the party gives written notice to the Secretary of State that the rule has been repealed.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]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 06 - Local Government, Public Employees, Elections

Chapter 254 - Conduct of Elections

Section 254.005 - Definitions.

Section 254.025 - Construction of statutes applicable to primary elections.

Section 254.035 - Time and place of elections for city officers.

Section 254.056 - Date and purpose of general election and primary election.

Section 254.065 - Person receiving most votes nominated or elected; measure adopted by majority of votes; when measure conflicts.

Section 254.074 - County elections security plan; submission of ballot information to Secretary of State.

Section 254.076 - Register of candidates for nomination.

Section 254.085 - Secretary of State’s statement of offices, candidates and measures.

Section 254.095 - City elections officers’ statements of offices, candidates and measures.

Section 254.103 - Filing of measures referred by county governing body.

Section 254.108 - Numbering county, city and district measures; rules.

Section 254.115 - Official primary election ballot.

Section 254.125 - Nominating ballot for candidates to nonpartisan office; listing of candidates for judge at primary and general elections; use of term "incumbent."

Section 254.135 - Official general or special election ballots.

Section 254.145 - Design and contents of official ballots.

Section 254.155 - Order of candidate names on ballot.

Section 254.165 - Adjusting ballot when vacancy occurs; notice to Secretary of State; exception.

Section 254.175 - Providing ballot title and financial estimates in lieu of printing on ballot; ballot in recall elections.

Section 254.195 - Ballot specifications.

Section 254.235 - Testing of voting machines and vote tally systems; notice of test.

Section 254.321 - Providing map of proposed boundaries for election on establishing or changing county or city boundaries.

Section 254.365 - Voting at primary election by major party members and nonaffiliated electors.

Section 254.370 - Record of nonaffiliated electors; record of voting in primary election of major political party and in general election.

Section 254.408 - Procedure for voting by person for whom no evidence of registration is found.

Section 254.411 - Voting after name change.

Section 254.415 - Challenging ballot of person offering to vote; statement of challenge.

Section 254.426 - Procedure on challenged ballot.

Section 254.431 - Special procedure for ballots challenged due to failure to sign return envelope or nonmatching signature; public record limitation.

Section 254.445 - Assistance in marking ballot; use of sample ballot as aid in voting.

Section 254.458 - Alternatives to return identification envelope procedures.

Section 254.465 - Elections to be conducted by mail; rules.

Section 254.470 - Procedures for conducting election by mail; rules.

Section 254.471 - Extension of deadline for returning ballots in case of emergency.

Section 254.473 - State payment for return of ballots by mail.

Section 254.474 - Voting booths for primary and general elections.

Section 254.478 - Preparation for counting ballots; scanning ballots into vote tally system.

Section 254.480 - Replacement ballots.

Section 254.483 - Ballot security; destruction of unused ballots.

Section 254.485 - Tally of ballots; test of vote tally system; rules.

Section 254.495 - Tally and return sheets; counting and tallying ballots.

Section 254.500 - Tally of write-in votes.

Section 254.505 - Ballots to be counted; void ballots; partially void ballots.

Section 254.529 - Choice of conducting hand recount of ballots or risk-limiting audit; procedures for hand recount.

Section 254.532 - Risk-limiting audit; procedures; rules.

Section 254.535 - Preservation of certain materials; retention of records.

Section 254.545 - Duties of county clerk after election.

Section 254.546 - Duties of county clerk after recall election; official declaration of result of recall election.

Section 254.548 - Individual nominated or elected by write-in votes; form; rules.

Section 254.555 - Secretary of State’s duties after election; Governor’s proclamation.

Section 254.565 - Duties of city elections officer after election.

Section 254.575 - Procedure when tie vote.

Section 254.650 - Special election in case of death of nominee of major political party within 47 days of general election.

Section 254.655 - Order calling special election; date.

Section 254.660 - Conduct of special election; rules.