Oregon Revised Statutes Chapter 188 § 188.120 — Filling vacancy in election or office of United States Representative or

Filling vacancy in election or office of United States Representative or Senator; temporary appointment of United States Senator by Governor. (1) If a vacancy in election or office of Representative in Congress or United States Senator occurs before the 61st day before the general election, the Governor shall call a special election to fill that vacancy. (2) If a vacancy in election or office of United States Senator occurs after the 62nd day before the general election but on or before the general election, and if the term of that office is not regularly filled at that election, the Governor shall call a special election to fill the vacancy. (3) For any special election called by the Governor under subsection (1) or (2) of this section to fill a vacancy in election or office of United States Senator, the special election must occur not less than 80 days and not more than 150 days after the vacancy occurred. (4) If a special election to fill the vacancy in election or office of Representative in Congress is called before the 80th day after the vacancy occurs, each major political party shall select its nominee for the office and certify the name of the nominee to the Secretary of State. The Secretary of State shall place the name of the nominee on the ballot. (5) If a special election to fill the vacancy in election or office of Representative in Congress or United States Senator is called after the 79th day after the vacancy occurs, a special primary election shall be conducted by the Secretary of State for the purpose of nominating a candidate of each major political party. A declaration of candidacy or nominating petition may be filed not later than the 10th day following the issuance of the writ of election. (6)(a) For a vacancy in election or office of United States Senator, the Governor shall fill the vacancy by appointment. The Governor shall make the appointment required under this subsection no later than 30 days after the vacancy occurs. (b) A person appointed under this subsection must: (A) Be a citizen qualified to hold the office; and (B) For at least 180 days before the date on which the vacancy occurred, be affiliated with the same political party as the person who vacated the office of United States Senator. (c) The political affiliation of a person appointed under this subsection shall be determined in accordance with ORS 236.100. (d) An appointment made under this subsection shall expire when the term of office ends or a successor to the office is elected and qualified under this section, whichever occurs first. (e) The Governor may not appoint the Governor to fill a vacancy in the office of United States Senator. [Formerly 249.654; 1985 c.586 §1; 1995 c.607 §60; 2025 c.318 §1]