Bill Text: OR HB2199 | 2013 | Regular Session | Enrolled
Bill Title: Relating to ballot security; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-07-29 - Chapter 679, (2013 Laws): Effective date July 29, 2013. [HB2199 Detail]
Download: Oregon-2013-HB2199-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2199
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Secretary of State Kate Brown)
CHAPTER ................
AN ACT
Relating to ballot security; amending ORS 254.074, 254.470 and
254.483; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 254.074 is amended to read:
254.074. (1) { + (a) + } Each county clerk shall file a county
elections security plan with the Secretary of State not later
than:
{ - (a) - } { + (A) + } January 31 of each calendar year;
and
{ - (b) - } { + (B) + } One business day after any revision
is made to the county elections security plan.
{ - (2) - } { + (b) + } A county elections security plan
shall include, but is not limited to:
{ - (a) - } { + (A) + } A written security agreement
entered into with any vendor handling ballots;
{ - (b) - } { + (B) + } Security procedures for
transporting ballots;
{ - (c) - } { + (C) + } Security procedures at official
places of deposit for ballots;
{ - (d) - } { + (D) + } Security procedures for processing
ballots;
{ - (e) - } { + (E) + }Security procedures governing
election observers;
{ - (f) - } { + (F) + } Security procedures for ballots
located in county elections work areas, buildings and storage
areas;
{ - (g) - } { + (G) + }Security procedures for vote tally
systems, including computer access to vote tally systems;
{ + (H) The number and location of all video surveillance
cameras within the elections office; + }
{ - (h) - } { + (I) + } Security procedures for scanning
ballots into a vote tally system before the date of the election,
if applicable; and
{ - (i) - } { + (J) + } Post-election ballot security.
{ - (3) - } { + (2) + } A security plan developed and filed
under { + subsection (1) of + }this section is confidential
and not subject to disclosure under ORS 192.410 to 192.505.
{ + (3) For each election, at the time the county clerk
certifies the results of an election, the clerk shall submit to
the Secretary of State a record of:
(a) The number of ballot envelopes received.
Enrolled House Bill 2199 (HB 2199-A) Page 1
(b) The number of ballot envelopes accepted.
(c) The number of ballot envelopes not accepted.
(d) The number of ballot envelopes rejected.
(e) The number of tallied ballots. + }
(4) A county clerk may not scan ballots as described in ORS
254.478 unless the Secretary of State reviews and approves a
security plan { - under - } { + described in subsection (1)
of + } this section.
SECTION 2. ORS 254.483 is amended to read:
254.483. { - Immediately after 8 p.m. on the day of an
election: - }
{ - (1) The county clerk shall destroy all unused absentee
and regular ballots in the county clerk's possession. - }
{ - (2) Each county shall provide for the security of, and
shall account for, unused ballots. - }
{ + (1) Each county clerk is responsible for the safekeeping,
disposition and security of all ballots.
(2) As soon as practicable after the final day permitted for a
contest of the election or for filing a demand for a recount, the
county clerk shall destroy all unused ballots. + }
SECTION 3. ORS 254.470 is amended to read:
254.470. (1) The Secretary of State by rule shall establish
requirements and criteria for the designation of places of
deposit for the ballots cast in an election. The rules shall also
specify the dates and times the places of deposit must be open
and the security requirements for the places of deposit. At a
minimum, the places designated under this section shall be open
on the date of the election for a period of eight or more hours,
but must be open until at least 8 p.m. At each place of deposit
designated under this section, the county clerk shall prominently
display a sign stating that the location is an official ballot
drop site.
(2)(a) Except as provided in paragraphs (b) and (c) of this
subsection, the county clerk shall mail by nonforwardable mail an
official ballot with a return identification envelope and a
secrecy envelope not sooner than the 18th day before the date of
an election and not later than the 14th day before the date of
the election, to each active elector of the electoral district as
of the 21st day before the date of the election.
(b) If the county clerk determines that an active elector of
the electoral district as of the 21st day before the date of the
election does not receive daily mail service from the United
States Postal Service, the county clerk shall mail by
nonforwardable mail an official ballot with a return
identification envelope and a secrecy envelope to the elector not
sooner than the 20th day before the date of an election and not
later than the 18th day before the date of the election.
(c) In the case of ballots to be mailed to addresses outside
this state to electors who are not long-term absent electors, the
county clerk may mail the ballots not sooner than the 29th day
before the date of the election.
(3) For an election held on the date of a primary election:
(a) The county clerk shall mail the official ballot of a major
political party to each elector who is registered as being
affiliated with the major political party as of the 21st day
before the date of the election.
(b) The county clerk shall mail the official ballot of a major
political party to an elector not affiliated with any political
party if the elector has applied for the ballot as provided in
this subsection and that party has provided under ORS 254.365 for
Enrolled House Bill 2199 (HB 2199-A) Page 2
a primary election that admits electors not affiliated with any
political party.
(c) An elector not affiliated with any political party who
wishes to vote in the primary election of a major political party
shall apply to the county clerk in writing. The application shall
indicate which major political party ballot the elector wishes to
receive. Except for electors described in subsection (4) of this
section, and subject to ORS 247.203, the application must be
received by the county clerk not later than 5 p.m. of the 21st
day before the date of the election.
(d) If the primary election ballot includes city, county or
nonpartisan offices or measures, the county clerk shall mail to
each elector who is not eligible to vote for party candidates a
ballot limited to those offices and measures for which the
elector is eligible to vote.
(4) For each elector who updates a voter registration after the
deadline in ORS 247.025, the county clerk shall make the official
ballot, the return identification envelope and the secrecy
envelope available either by mail or at the county clerk's office
or at another place designated by the county clerk. An elector to
whom this subsection applies must request a ballot from the
county clerk.
(5) The ballot shall contain the following warning:
_________________________________________________________________
Any person who, by use of force or other means, unduly
influences an elector to vote in any particular manner or to
refrain from voting is subject to a fine.
_________________________________________________________________
(6) { + (a) + } Upon receipt of any ballot described in this
section, the elector shall mark the ballot, sign the return
identification envelope supplied with the ballot and comply with
the instructions provided with the ballot.
{ + (b) + } The elector may return the marked ballot to the
county clerk by United States mail or by depositing the ballot at
the office of the county clerk, at any place of deposit
designated by the county clerk or at any location described in
ORS 254.472 or 254.474.
{ + (c) + } The ballot must be returned in the return
identification envelope. If the elector returns the ballot by
mail, the elector must provide the postage.
{ + (d) Subject to paragraph (e) of this subsection, if a
person returns a ballot for an elector, the person shall deposit
the ballot in a manner described in paragraph (b) of this
subsection not later than two days after receiving the ballot.
(e) + } A ballot must be received at the office of the county
clerk, at the designated place of deposit or at any location
described in ORS 254.472 or 254.474 not later than the end of the
period determined under subsection (1) of this section on the
date of the election.
(7) An elector may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost or not received by the elector.
Replacement ballots shall be issued and processed as described in
this section and ORS 254.480. The county clerk shall keep a
record of each replacement ballot provided under this subsection.
Notwithstanding any deadline for mailing ballots in subsection
(2) of this section, a replacement ballot may be mailed, made
available in the office of the county clerk or made available at
one central location in the electoral district in which the
Enrolled House Bill 2199 (HB 2199-A) Page 3
election is conducted. The county clerk shall designate the
central location. A replacement ballot need not be mailed after
the fifth day before the date of the election.
(8) A ballot shall be counted only if:
(a) It is returned in the return identification envelope;
(b) The envelope is signed by the elector to whom the ballot is
issued; and
(c) The signature is verified as provided in subsection (9) of
this section.
(9) The county clerk shall verify the signature of each elector
on the return identification envelope with the signature on the
elector's registration card, according to the procedure provided
by rules adopted by the Secretary of State. If the county clerk
determines that an elector to whom a replacement ballot has been
issued has voted more than once, the county clerk shall count
only one ballot cast by that elector.
(10) At 8 p.m. on election day, electors who are at the county
clerk's office, a place of deposit designated under subsection
(1) of this section or any location described in ORS 254.472 or
254.474 and who are in line waiting to vote or deposit a voted
ballot shall be considered to have begun the act of voting.
SECTION 4. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Passed by House April 23, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 27, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2199 (HB 2199-A) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2199 (HB 2199-A) Page 5
