Notice of Temporary Administrative Order OAR 165-010-9901

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Notice of Temporary Administrative Order
OAR 165-010-9901

Filing Deadline for Certain Nonpartisan Vacancies Occurring Before the 2026 General Election

The Election Division hereby provides notice of rulemaking activity for OAR 165-010-9901. More information may be found below and on our website.

This temporary rule went into effect August 17, 2026.

RULE TEXT: The rule text may be found at this link.

RULE SUMMARY: 

ORS 249.205 authorizes the Secretary of State to establish filing deadlines for candidates seeking election to fill certain nonpartisan vacancies. This temporary rule establishes filing deadlines for vacancies that occur after the 80th day but on or before the 62nd day before the November 3, 2026, General Election.

NEED FOR TEMPORARY RULE:

ORS 249.205 authorizes the Secretary of State to establish filing deadlines for candidates seeking election to fill certain nonpartisan vacancies. OAR 165-010-0110 establishes filing schedules for several vacancy scenarios but does not establish a filing deadline when a vacancy occurs after the 80th day but on or before the 62nd day before the general election. This temporary rule establishes filing deadlines for vacancies occurring during that period to ensure candidates have a filing process, and the Elections Division has authority to accept declarations of candidacy.

JUSTIFICATION FOR TEMPORARY RULE:

A nonpartisan vacancy may occur after the 80th day but on or before the 62nd day before the November 3, 2026, General Election. Because the permanent rule does not establish filing deadlines for vacancies occurring during this period, a temporary rule is necessary to provide timely filing deadlines and allow the Elections Division to accept declarations of candidacy. Temporary rulemaking is required because waiting to complete the permanent rulemaking process would impair the orderly administration of the 2026 General Election.

DOCUMENTS RELIED UPON & WHERE THEY ARE AVAILABLE:

ORS 246.150, ORS 249.205, OAR 165-010-0110, 2026 State Candidate Manual and 2026 election calendar. Elections Division administrative records relating to candidate filing deadlines for nonpartisan vacancies. Documents available online or from the Elections Division.

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