State Summary

Oregon’s statute provides for an automatic recount in the case of a tie or when the close vote margin between the apparent winning candidate and the next candidate is not more than one-fifth of 1% of the total votes for both candidates. Candidates or an officer of a political party may request a recount for a limited number of precincts (partial recount) or for all precincts (full recount). Any elector may request a full or partial recount for any measure on the ballot; however, only a full recount of the electors for president and vice president may be requested. A recount for electors of presidential and vice presidential candidates must be filed no later than five business days after the secretary of state has declared the election results. Recounts must be completed as soon as practicable after the demand is filed. Recounts in Oregon are conducted by hand.

Counting Method

Hand count only

The counting board conducts the recount by hand. Or. Rev. Stat. § 258.211.

Initiating Mechanisms

Close vote margin
Candidate-initiated
Voter-initiated
Election official-initiated

County clerks may request recounts for offices and ballot measures. The costs of these recounts are paid by the requesting county. For these recounts and all other requested recounts, with the exception of those requested for electors for president and vice president, the initiator may specify either a full or a partial recount. Or. Rev. Stat. § 258.161(3), (9). Unlike other recounts, where a full recount is required to change the results, partial recounts initiated by county clerks may determine the official results. Or. Rev. Stat. § 258.171.
The Elections Division of the Office of the Secretary of State may direct county elections officials to conduct a recount of an office or ballot measure or portions of the votes cast for an office or measure. These administrative recounts are only ordered when unanticipated circumstances at the election put the accuracy of the vote tally equipment used in the county in question. All recounts ordered by the Elections Division under this rule are conducted by hand, are limited to no more than 1,000 ballots in any one county and cannot be used to alter the official result of the election. County elections officers may, on their own initiative, choose to conduct administrative recounts. Or. Admin. R. § 165-007-0270.

For information on timing, see Or. Rev. Stat. § 258.161(8)–(9), 258.221(1); see also Or. Admin. R § 165-077-0270.

Close Vote Margin Options

Less than or equal to 0.2%
Initiated automatically

A full recount is initiated automatically in the case of a tie or when the close vote margin between the apparent winning candidate and the next candidate is not more than one-fifth of 1% of the total votes for both candidates. Or. Rev. Stat. § 258.280. This same margin is used for automatic recounts for ballot measures; however, if a ballot measure is required by state law to have at least 50% of registered voters vote on it and it does not meet that threshold, an automatic recount will not be initiated. Or. Rev. Stat. § 258.290.

For information on timing, see Or. Rev. Stat. § 258.300.

Candidate-Initiated Options

Candidate determines how many/which precincts to recount
Party official may also petition for candidate

Candidates or an officer of a political party may request a recount for a limited number of precincts (partial recount) or for all precincts (full recount). If the first request was a partial recount, the same person may file a supplemental request for a full recount. For a recount of the electors for president and vice president, only a full recount may be requested. There are no restrictions on the type of election in which a recount may be requested or limiting the eligibility of certain offices for a recount. Or. Rev. Stat. § 258.161(1), (4), (9). Only a full recount is binding and can alter the official election results; partial recounts conducted at the request of a candidate cannot change the official election results. Or. Rev. Stat. § 258.171.

For information on timing, see Or. Rev. Stat. § 258.161 (8)–(9); see also 258.221(1).

Voter-Initiated Options

Voters determine how many/which precincts to recount
Voters may request recounts for initiatives/questions

Voters determine how many/which precincts to recount
Voters may request recounts for initiatives/questions
Any elector may request a full or partial recount for any measure on the ballot. Or. Rev. Stat. § 258.161(2) & (4). A full recount must be requested for the recount to alter the official election results. Or. Rev. Stat. § 258.171. If one elector requests only a partial recount, another elector may file a request for the remaining precincts to be counted to complete a full recount. Or. Rev. Stat. § 258.181(4).

For information on timing, see ORS Or. Rev. Stat. § 258.161(8)–(9); 258.221(1).

Cost for Candidate-Initiated Recounts

Paid entirely by initiator
Payor of costs depends on outcome

The initiator must deposit a $15 per precinct fee, not to exceed $8,000 total. However, if the actual cost of the recount exceeds the deposit and if the outcome of the election has not changed, the person who filed the request must pay the additional cost. Or. Rev. Stat. § 258.161(5) and 258.250 (5). The deposit may be waived after the first demanded recount if it appears that, due to nondeliberate and material error by a local election official or a county clerk, the outcome of the election will be changed. The county responsible for the error is then responsible for the cost of the recount. Or. Rev. Stat. § 258.161(6).

If more than one recount occurs at the same time, the payment of the costs of the recount, where the same precinct or precincts are designated for recount by more than one person, shall be equitably apportioned among those persons. Or. Rev. Stat. § 258.270. For full recounts only, the deposit is to be refunded if the outcome of the election is changed in favor of the initiator. Or. Rev. Stat. § 258.250(1).

Cost for Voter-Initiated Recounts

Paid entirely by initiator
Payor of costs depends on outcome

The initiator must deposit a $15 per precinct fee, not to exceed $8,000 total. However, if the actual cost of the recount exceeds the deposit and if the outcome of the election has not changed, the person who filed the request must pay the additional cost. Or. Rev. Stat. § 258.161(5); see also Or. Rev. Stat. § 258.250 (5). The deposit may be waived after the first demanded recount if it appears that, due to non-deliberate and material error by a local election official or a county clerk, the outcome of an election on a candidate or measure will be changed. The county responsible for the error is then responsible for the cost of the recount. Or. Rev. Stat. § 258.161(6).

If more than one recount occurs at the same time, the payment of the costs of the recount, where the same precinct or precincts are designated for recount by more than one person shall be equitably apportioned among those persons. Or. Rev. Stat. § 258.270. For full recounts only, the deposit is to be refunded if the outcome of the election is changed in favor of the initiator. Or. Rev. Stat. § 258.250(1).

Challengers and Observers

Party/candidate/initiator may appoint observers, no guidance on challengers

For nominations and offices, an affected candidate or an elector authorized in writing by that candidate may observe the recount. An elector authorized in writing representing each major or minor political party may also observe the recount. For ballot measures, “one elector advocating and one elector opposing the measure” may observe the recount. Or. Rev. Stat. § 258.211(2).

There are no statutes requiring the recount to be conducted publicly.

Rules for Determining Voter Intent

Oregon provides basic guidance on voter intent: any vote from which it is impossible to determine the elector’s choice for the office or measure may not be counted. Or. Rev. Stat. § 254.505; see also Vote by Mail Procedures Manual (“Ballot Inspection Process”).

Resources

Or. Rev. Stat. § 258.161
Or. Rev. Stat. § 258.171
Or. Rev. Stat. § 258.181
Or. Rev. Stat. § 258.211
Or. Rev. Stat. § 258.221
Or. Rev. Stat. § 258.250
Or. Rev. Stat. § 258.270
Or. Rev. Stat. § 258.280
Or. Rev. Stat. § 258.290
Or. Rev. Stat. § 258.300

Additional Resources

Or. Admin. R. § 165-007-0270
Oregon Secretary of State, Elections Division, Vote by Mail Procedures Manual (2024)