Oregon Code § 171.060·Enacted ·Last updated March 01, 2026
Statute Text
Procedure
for filling vacancy by appointment.
(1) When any vacancy as is mentioned in ORS 171.051 exists in the office of
Senator or Representative affiliated with a major political party and that
vacancy is to be filled by an appointing authority as provided in ORS 171.051,
the Secretary of State forthwith shall notify the person designated by the
party to receive such notice. The party shall pursuant to party rule nominate
not fewer than three nor more than five qualified persons to fill the vacancy.
The nominating procedure shall reflect the principle of one-person, one-vote to
accord voting weight in proportion to the number of party members represented.
At the request of a party making a nomination, the county clerks of each county
constituting the district in which the vacancy exists shall assist the party in
determining the number of electors registered as members of the party in the
district. A person shall not be nominated to fill the vacancy unless the person
signs a written statement indicating that the person is willing to serve in the
office of Senator or Representative. As soon as the nominees have been
appointed, but no later than 20 days after the vacancy occurs, the party shall
notify the Secretary of State of the persons nominated. The notification shall
be accompanied by the signed written statement of each nominee indicating that
the nominee is willing to serve in the office of Senator or Representative. The
Secretary of State shall notify the county courts or boards of county
commissioners of the counties constituting the district in which the vacancy
exists of the nominees and of the number of votes apportioned to each member of
the county courts or boards of county commissioners under ORS 171.062 and
171.064. The Secretary of State shall set a time for the meeting of the county
courts or boards of county commissioners in order to fill the vacancy and by
rule shall establish procedures for the conduct of the meeting. If the district
is composed of more than one county, the Secretary of State shall name a
temporary chairperson and designate a meeting place within the district where
the county courts or boards of county commissioners shall convene for the
purpose of filling the vacancy, pursuant to ORS 171.051 (2).
(2) When any
vacancy as is mentioned in ORS 171.051 exists in the office of Senator or
Representative not affiliated with a major political party and that vacancy is
to be filled by an appointing authority as provided in ORS 171.051, the
Secretary of State forthwith shall notify the county courts or boards of county
commissioners of the counties constituting the district in which the vacancy
occurs of the vacancy and of the number of votes apportioned to each member of
the county courts or boards of county commissioners under ORS 171.062 and
171.064. The Secretary of State shall set a time for a meeting of the county
courts or boards of county commissioners and by rule shall establish procedures
for the conduct of the meeting. If the district is composed of more than one
county, the Secretary of State shall name a temporary chairperson and designate
a meeting place within the district where the county courts or boards of county
commissioners shall convene for the purpose of appointing a person to fill the
vacancy.
(3) A written
statement signed by a majority of those qualified to vote upon the filling of
any vacancy naming the person selected to fill the vacancy and directed to the
Secretary of State is conclusive evidence of the filling of the vacancy by the
appointing authority named therein. [Amended by 1955 c.211 §6; 1973 c.773 §2;
1975 c.779 §2; 1977 c.302 §1; 1985 c.771 §2; 1987 c.380 §2; 1989 c.207 §2; 1993
c.797 §17]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 171.060
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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