(Nomination to Nonpartisan Office)
    249.088 Nomination or election of candidate at nominating election. 
(1) Except as provided in ORS 249.091, at the nominating election held on the date of the primary election:
   (a) Unless a candidate for nonpartisan office receives a majority of the votes cast for the office, the two candidates who receive the highest number of votes are nominated.
   (b) If a candidate for nonpartisan office receives a majority of votes cast for the office, that candidate is elected.
(2) The application of this section is subject to the provisions of a home rule charter. [1979 c.190 §118; 1979 c.451 §5; 1979 c.587 §3; 1983 c.350 §66; 1989 c.218 §1; 1991 c.719 §7; 1993 c.493 §12; 1995 c.92 §2; 1995 c.607 §77; 1995 c.712 §27; 2011 c.607 §2]

 249.090 [Amended by 1957 c.608 §74; 1975 c.766 §5; 1977 c.829 §6; repealed by 1979 c.190 §431]

      249.091 Nomination of certain nonpartisan candidates or candidates to fill a vacancy in nonpartisan office.
(1) If a nominating petition or declaration of candidacy is filed by no more than two candidates for the office of sheriff, county treasurer or county clerk or by no more than two candidates to fill a vacancy in a nonpartisan office:
   (a) The candidate or candidates are nominated; and
   (b) The name or names of the candidate or candidates may not be printed on the ballot at the nominating election.
(2) If a nominating petition or declaration of candidacy is filed by more than two candidates for the office of sheriff, county treasurer or county clerk or by more than two       candidates to fill a vacancy in a nonpartisan office:
    (a) Unless a candidate receives a majority of the votes cast for the office, the two candidates who receive the highest number of votes are nominated
    (b) If a candidate receives a majority of the votes cast for the office, that candidate alone is nominated.
(3) The application of this section is subject to the provisions of a home rule charter. [1995 c.92 §4; 1995 c.607 §77a; 2007 c.154 §9; 2011 c.607 §3]