Unlocked Voting Act of 2024
Implements two-rank voting, where voters can indicate their first and second choices
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Text of Measure
Whereas two political parties have dominated Oregon politics, winning every election since 1974 for state and national legislators, governor, and U.S. president; and N
Whereas a concentration of political power undermines representation and accountability, both essential for a healthy democracy; and
Whereas Oregonians want viable alternative options, particularly in regions where one of the major parties is not competitive; and
Whereas our current voting system positions alternative candidates as spoilers, harming their voters by increasing the chance of opposing viewpoints gaining power; and
Whereas two-rank voting, the simplest form of ranked-choice voting, resolves this issue by allowing voters to express their second choice among the candidates for office, enabling voters to “vote with their heart” with their first choice; now, therefore,
We, the people of Oregon, to promote political representation that better reflects the will of our diverse electorate, do hereby enact the following:
SECTION 1. The following is to be added to and made a part of Article II of the Constitution of the State of Oregon:
Section 25. Use of ranked voting in elections
General and special elections in Oregon for single-seat state and United States legislators, the office of Governor, and the office of President of the United States, shall use a system of voting in which each voter can express their first and second choices among the candidates for office. N
SECTION 2. The following is to be added to and made a part of ORS chapter 254:
Two-rank voting procedure in a single-seat election
(1) A candidate shall be elected to office if the candidate receives a majority of the votes cast in a round of tabulation.
(2) If no candidate is elected to office after the first round of tabulation, all candidates except the two candidates that received the most votes shall be defeated and a second round of tabulation will be held.
(3) The number of votes received by a candidate in a round of tabulation shall be the number of ballots cast in which the candidate was the choice of the voter; where E
- (A) The choice of the voter is their top-ranked available candidate. That is their first-choice candidate if one first-choice candidate is selected, or their second-choice candidate if no first-choice candidate is selected and one second-choice candidate is selected, among the candidates who have not been defeated. N
- (B) A ballot shall not be counted if it includes selections for more than two candidates. N
(4) For all statutory and constitutional provisions in the State pertaining to the rights of political parties, the number of votes cast for a party’s candidate shall be the number of votes received by that candidate after the first round of tabulation.
- (A) This subsection should not be construed to apply to the election of presidential electors as described in ORS 248.360. N
(5) To conduct the election in an efficient manner, the chief elections officer may request or publicly release vote counts from the second round of tabulation before a full accounting of the first round is complete. The policies and criteria used to make these decisions shall be disclosed in a timely manner. N
SECTION 3. The following is appended to ORS 254.005 (Definitions):
(13) “Two-rank voting” means the method of casting and tabulating votes in which voters can express their first and second choices among the candidates for office, with the outcome determined by [Section 2].
SECTION 4. ORS 254.065 is amended to read:
254.065 Determination of election outcomes N
[Person receiving most votes nominated or elected * measure adopted by majority of votes * when measure conflicts]
When one person is to be nominated for or elected to an office, the person receiving the highest number of votes shall be nominated or elected. When more than one person is to be nominated for or elected to a single office, the persons receiving the higher number of votes shall be nominated or elected.
- (a) This subsection does not apply to a candidate for election to an office at a general election if the election for the office must be held at a special election as described in ORS 254.650 (Special election in case of death of nominee of major political party within 47 days of general election).
- (b) General and special elections in Oregon for single-seat state and United States legislators, the office of Governor, and the office of President of the United States shall use two-rank voting, with the outcome determined by [Section 2]. N
SECTION 5. ORS 254.575 is amended to read:
254.575 Procedure when tie vote
In the event of a tie after a full recount of votes, where the outcome of the election is determined by the winner of the tie: N
[When two or more candidates for the same office, after a full recount of votes, have an equal and the highest number of votes:]
SECTION 6. ORS 258.280 is amended to read:
258.280 Automatic full recount required in certain elections of candidates for office; costs of recount to be paid by governmental unit
(1) The Secretary of State shall order a full recount of the votes cast for nomination or election to a public office for which the Secretary of State is the filing officer, and the county clerk who conducted the election shall order a full recount of the votes cast for nomination or election to any other public office if the canvass of votes of the election reveals that the margin between a candidate being nominated or elected to office and a different election outcome is less than one-fifth of one percent of the total votes cast for the office. N
- [
(a) Two or more candidates for that nomination or office have an equal and the highest number of votes; or] - [
(b) The difference in the number of votes cast for a candidate apparently nominated or elected to the office and the votes cast for the closest apparently defeated opponent is not more than one-fifth of one percent of the total votes for both candidates.]
SECTION 7. Implementation Timetable
(1) Effective dates: This Act shall take effect on January 1, 2028 for the election of state and United States legislators, and the office of Governor. The Act shall take effect on January 1, 2032 for the election of the President of the United States.
(2) Reporting requirements: The Oregon Secretary of State’s Elections Division shall submit annual reports to the Oregon Legislature, beginning in January, 2025, and ending in January, 2033, detailing the progress made in implementing the Act.
Boldfaced type indicates new language; [brackets and strikethrough] indicates deletions, and [Section 2] shall refer to the two-rank voting law, outlined in Section 2 of this act.