1. (1) A party to an election may object to the conduct of an election or conduct affecting the results of an election. An individual voter is not a party. Conduct of the election means the manner in which the election was carried out by the Board and its agent(s). Conduct affecting the results of the elections means acts and/or statements by a party that improperly influence the free choice or fairness of the votes.

   1. (a) Objections must be filed within ten (10) days after the tally of ballots has been furnished to all parties. When the tally results in a runoff election, the deadline applies for objections to the original election, and for objections in the runoff election.
   2. (b) Objections must comply with OAR 115-025-0063.
   3. (c) Objections that are untimely filed will be dismissed.

2. (2) When timely objections are filed the Board Agent will conduct an investigation and will, when appropriate, issue a notice of hearing.

   1. (a) The dispute will be processed under the rules described in OAR 115-025-0065.
   2. (b) The objecting party will bear the burden of proof and of going forward in the hearing.

Statutory/Other Authority

ORS 240.086(3) & 243.766(7)

Statutes/Other Implemented

ORS 243

History

ERB 1-2021, amend filed 01/07/2021, effective 01/07/2021
ERB 13-2016, f. 11-9-16, cert. ef. 2-1-17
ERB 3-2014, f. 8-25-14, cert. ef. 9-10-14
ERB 1-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14
ERB 4-2007, f. 12-17-07, cert. ef. 1-1-08
ERB 2-2007(Temp), f. 7-20-07, cert. ef. 7-23-07 thru 1-15-08