Oregon Public Broadcasting

A Marion County judge has decided that Clackamas County doesn’t have to reprint ballots for next month’s primary.

County officials went to court Wednesday, trying to avoid a costly do-over. An error by the County Elections Department left the ballot showing a primary race, where none existed.

A county commissioner’s seat, formerly occupied by Martha Schrader, has drawn two candidates: appointed Commissioner Ann Lininger and Molalla City Councilman James Needham.

Don Hamilton is a spokesman for Secretary of State Kate Brown.

Don Hamilton “ Under state law, when there are fewer than 3 candidates trying to fill a vacancy in a county commissioner’s office, they don’t appear in the primary. They appear only in November.”

Judge Dennis Graves finds the Secretary’s office did correctly interpret the law, but that there might be a way to spare the county the six-figure expense of a re-print.

He has instead ordered Clackamas County to create a brightly-colored insert to stuff into ballots, noting the mistake.

It will state that any votes cast for the candidates in the primary will be invalid.

The Oregon Secretary of State’s office intends to appeal the ruling.