Bill Text: OR HB3181 | 2013 | Regular Session | Introduced
Bill Title: Relating to voter registration; declaring an emergency.
Sponsorship: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3181 Detail]
Download: Oregon-2013-HB3181-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3015
House Bill 3181
Sponsored by COMMITTEE ON JUDICIARY
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires person to opt out of voter registration on Department
of Transportation application forms for issuance or renewal of
driver license, driver permit, state identification card or
change of address if person does not wish to register to vote.
Directs voter registration agencies to use forms that allow
applicants for services to register to vote and apply for
services or assistance using same form. Requires person to opt
out of voter registration on form if person does not wish to
register to vote.
Directs county clerk to send postcard notice to electors who
register at Department of Transportation office or voter
registration agency using form. Allows elector to update
registration by returning postcard to county clerk.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to voter registration; creating new provisions; amending
ORS 247.012, 247.017 and 247.208; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 247.017 is amended to read:
247.017. (1) The Department of Transportation shall make a
voter registration card available to any person at any office of
the department where licenses or renewal applications are
distributed or received.
(2) { + (a) + } When a person who is at least 17 years of age
applies for issuance or renewal of an Oregon driver license
{ - , - } as defined in ORS 801.245, { + an Oregon driver
permit as defined in ORS 801.250 + } or issuance of a state
identification card under ORS 807.400 { + , + } or submits a
change of address application form at a department office where
driver license { + or driver permit + } issuance or renewal
applications, state identification card applications or change of
address applications are distributed or received, department
personnel shall inform the person that the person may register to
vote at the department office. { +
(b) + } Department personnel shall ask the { - applicant - }
{ + person + } whether the { - applicant - } { + person + }
is registered to vote at the
{ - applicant's - } { + person's + } current address
and { + , + } if not, whether the
{ - applicant - } { + person + } would like to register to
vote at the department office.
{ + (c) Department personnel shall also inform the person
that the person must opt out of the voter registration portion of
the application form described in subsection (5) of this section
if the person does not wish to use the form as an application for
voter registration.
(3) If a person who is at least 17 years of age provides the
information required by ORS 247.171, other than party
affiliation, on an application form described in subsection (5)
of this section and does not opt out of using the voter
registration portion of the form as an application for voter
registration, the department shall consider the voter
registration portion of the form a completed voter registration
card. + }
{ - (3) - } { + (4) + } Each office shall deliver in a
timely manner the completed voter registration cards to the
county clerk or elections officer of the county in which the
office is located. The county clerk or elections officer of the
county where the office is located shall forward the registration
card to the county clerk or elections officer of the county in
which the applicant resides. The county clerk or elections
officer may reject any registration card in accordance with ORS
247.174. The Secretary of State shall determine by rule the time
and manner the completed registration cards are to be delivered
to the appropriate county clerk or elections officer.
{ - (4) - } { + (5) + } The department shall develop a
driver license { + and driver permit + } issuance or renewal and
voter registration application { - procedure and - }
{ + form, + } a state identification card issuance and voter
registration application { - procedure - } { + form + } and a
change of address and voter registration application
{ - procedure - } { + form + } that allows an applicant for a
license, { + permit, + } renewal, state identification card or
change of address to register to vote by providing the
information required by ORS 247.171 { + , other than political
party affiliation, + } and the information required for the
issuance or renewal of a license { + or permit + } or for
issuance of a state identification card. { + A form developed
under this subsection must contain a space for a person to
indicate that the person opts out of using the voter registration
portion of the form as an application for voter registration. + }
The Secretary of State shall approve the voter registration
portion of each { - application procedure and change of address
procedure - } { + form + }.
{ - (5) - } { + (6) + } The voter registration portion of
an application { + form + } described in subsection
{ - (4) - } { + (5) + } of this section shall comply with
provisions of the National Voter Registration Act of 1993 (P.L.
103-31).
{ - (6) - } { + (7) + } The Secretary of State shall adopt
rules establishing procedures for meeting the requirements of
subsection
{ - (3) - } { + (4) + } of this section.
{ - (7) - } { + (8) + } Information relating to the failure
of { - an applicant - } { + a person + } under this section
to sign the voter registration portion of an application
{ + form + } for issuance or renewal of a driver license,
{ + driver permit, + } issuance of a state identification card
or { - for - } a change of address may not be used for other
than voter registration purposes.
SECTION 2. ORS 247.208 is amended to read:
247.208. (1) The Secretary of State by rule, in accordance with
the requirements of the National Voter Registration Act of 1993
(P.L. 103-31), shall designate agencies as voter registration
agencies. Agencies designated may include state, county, city or
district offices and federal and nongovernmental offices with the
agreement of the federal or nongovernmental offices.
(2) Services required by the National Voter Registration Act of
1993 (P.L. 103-31) { + and this section + } shall be made
available in connection with any registration card at each voter
registration agency designated by the Secretary of State.
(3) A person providing services referred to in subsection (2)
of this section at a voter registration agency { - shall - }
{ + may + } not:
(a) Seek to influence the political preference or party
registration of a person registering to vote;
(b) In accordance with provisions of the Oregon Constitution,
display such political preference or party allegiance;
(c) Make any statement to a person registering to vote or take
any action the purpose or effect of which is to discourage a
person from registering to vote;
(d) Make any statement to a person registering to vote or take
any action the purpose or effect of which is to lead the person
to believe that a decision to register or not to register has any
bearing on the availability of services or benefits; or
(e) Seek to induce any person to register or vote in any
particular manner.
{ - (4) Each state agency required to be designated a voter
registration agency under the National Voter Registration Act of
1993 (P.L. 103-31) shall, with each application for service or
assistance and with each recertification, renewal or change of
address form relating to the service or assistance: - }
{ - (a) Distribute a registration card, including all
statements required under the National Voter Registration Act of
1993 (P.L. 103-31); and - }
{ - (b) Provide a form including other information required
by the National Voter Registration Act of 1993 (P.L. 103-31). - }
{ + (4) Each voter registration agency designated under this
section shall make a voter registration card available to any
person at any office of the agency where agency services are
provided.
(5)(a) When a person who is at least 17 years of age applies
for services or assistance from a voter registration agency,
agency personnel shall inform the person that the person may
register to vote at the agency office.
(b) Agency personnel shall ask the person whether the person is
registered to vote at the person's current address and, if not,
whether the person would like to register to vote at the agency
office.
(c) Agency personnel shall also inform the person that the
person must opt out of the voter registration portion of the
application form described in subsection (8) of this section if
the person does not wish to use the form as an application for
voter registration.
(6) If a person who is at least 17 years of age provides the
information required by ORS 247.171, other than party
affiliation, on an application form described in subsection (8)
of this section and does not opt out of using the voter
registration portion of the form as an application for voter
registration, the agency shall consider the voter registration
portion of the form a completed voter registration card.
(7) Each agency office shall deliver in a timely manner the
completed voter registration cards to the county clerk or
elections officer of the county in which the office is located.
The county clerk or elections officer of the county where the
office is located shall forward the registration card to the
county clerk or elections officer of the county in which the
applicant resides. The county clerk or elections officer may
reject any registration card in accordance with ORS 247.174. The
Secretary of State shall determine by rule the time and manner
the completed registration cards are to be delivered to the
appropriate county clerk or elections officer.
(8) Each voter registration agency shall develop a form that
allows an applicant for services or assistance from the agency to
register to vote by providing the information required by ORS
247.171, other than political party affiliation, and the
information required for the application for services or
assistance. A form developed under this subsection must contain a
space for a person to indicate that the person opts out of using
the voter registration portion of the form as an application for
voter registration. The Secretary of State shall approve the
voter registration portion of the form.
(9) The voter registration portion of an application described
in subsection (8) of this section shall comply with provisions of
the National Voter Registration Act of 1993 (P.L. 103-31). + }
{ - (5) - } { + (10) + } Information relating to a
declination to register to vote in connection with an application
made at an office described in { - subsection (4) of - } this
section { - shall - } { + may + } not be used for any purpose
other than voter registration.
{ - (6) - } { + (11) + } A completed registration card
accepted at a voter registration agency designated under this
section shall be delivered to a county clerk or the Secretary of
State.
{ - (7) - } { + (12) + } At least once each biennium, the
Secretary of State shall:
(a) Assess new and developing federal guidelines regarding
compliance with the National Voter Registration Act of 1993 (P.L.
103-31);
(b) Identify steps necessary to ensure ongoing compliance with
the National Voter Registration Act of 1993 (P.L. 103-31);
(c) Identify barriers to and research opportunities for
ensuring the accuracy, security and efficiency of current voter
registration processes at voter registration agencies designated
under this section; and
(d) Identify ways to improve use of current technology.
{ + (13) The Secretary of State shall adopt rules
establishing procedures for meeting the requirements of
subsection (7) of this section. + }
SECTION 3. ORS 247.012 is amended to read:
247.012. (1) A qualified person may register to vote or update
a registration to vote by:
(a) Delivering by mail or otherwise a completed registration
card to any county clerk, the Secretary of State, any office of
the Department of Transportation or any designated voter
registration agency as described in ORS 247.208;
(b) Personally delivering the card to an official designated by
a county clerk under subsection (7) of this section;
(c) Completing the voter registration portion of the
application for issuance or renewal of a driver license,
{ + driver permit, + } issuance of a state identification card
under ORS 807.400 or a change of address at an office of the
Department of Transportation under ORS 247.017; { - or - }
{ + (d) Completing the voter registration portion of an
application for services or assistance at an office of any voter
registration agency as described in ORS 247.208; or + }
{ - (d) - } { + (e) + } Completing a registration card
using the electronic voter registration system described in ORS
247.019.
(2) If a registration card is mailed or delivered to:
(a) Any person other than a county clerk or the Secretary of
State, the person shall forward the card to a county clerk or the
Secretary of State not later than the fifth day after receiving
the card; or
(b) The Secretary of State or a county clerk for a county other
than the county in which the person applying for registration
resides, the Secretary of State or county clerk shall forward the
card to the county clerk for the county in which the person
resides not later than the fifth day after receiving the card.
(3) Registration of a qualified person occurs:
(a) When a legible, accurate and complete registration card is
received in the office of any county clerk, the Office of the
Secretary of State, an office of the Department of
Transportation, a designated voter registration agency under ORS
247.208 or at a location designated by a county clerk under
subsection (7) of this section;
(b) On the date a registration card is postmarked if the card
is received after the 21st day immediately preceding an election
but is postmarked not later than the 21st day immediately
preceding the election and is addressed to an office of any
county clerk, the Office of the Secretary of State, an office of
the Department of Transportation or any designated voter
registration agency as described in ORS 247.208; or
(c) In the case of a registration card missing a date of birth,
containing an incomplete date of birth or containing an
unintentional scrivener's error that is supplied or corrected as
described in subsection (4) or (6) of this section, on the date
that registration would have occurred if the registration card
had not been missing the date of birth, contained an incomplete
date of birth or contained the scrivener's error.
(4) Except as provided in ORS 247.125, if a registration card
is legible, accurate and contains, at a minimum, the registrant's
name, residence address, date of birth and signature, the county
clerk shall register the person. If this information is missing
from the registration card or the date of birth is incomplete,
the county clerk shall attempt to contact the person to obtain
the missing or incomplete information. The county clerk may
supply the registrant's date of birth from any previous
registration of the registrant.
(5) If a registration card meets the requirements of subsection
(4) of this section but is missing an indication of political
party affiliation, the registrant shall be considered not
affiliated with any political party. This subsection does not
apply if an elector is updating a registration.
(6) If a registration card contains an unintentional
scrivener's error, the county clerk may attempt to contact the
person to correct the error.
(7) A county clerk may appoint officials to accept registration
of persons at designated locations. The appointments and
locations shall be in writing and filed in the office of the
county clerk. The county clerk shall be responsible for the
performance of duties by those appointed.
(8) A registration card received and accepted under this
section shall be considered an active registration.
(9) A registration may be updated at any time.
SECTION 4. { + Section 5 of this 2013 Act is added to and made
a part of ORS chapter 247. + }
SECTION 5. { + (1) Upon receiving a completed voter
registration card under ORS 247.017 or 247.208, the county clerk
shall send by nonforwardable mail to each elector a postcard
stating:
(a) That the elector has been registered as not affiliated with
any political party;
(b) That the elector must update the elector's registration to
choose a political party if the elector wishes to vote in the
primary election of a major political party;
(c) The Internet website address of the Secretary of State's
electronic voter registration system; and
(d) That the elector may choose a political party listed on the
postcard and return the postcard to the county clerk in order to
update the elector's registration.
(2) If the county clerk receives a postcard described in this
section that contains an elector's choice of a political party,
the county clerk shall update the elector's registration. + }
SECTION 6. { + (1) Section 5 of this 2013 Act and the
amendments to ORS 247.012, 247.017 and 247.208 by sections 1 to 3
of this 2013 Act become operative on January 1, 2014.
(2) The Secretary of State, a county clerk, the Department of
Transportation and any voter registration agency may take any
action necessary before the operative date specified in
subsection (1) of this section to enable the secretary, county
clerk, department or agency to exercise, on and after the
operative date specified in subsection (1) of this section, all
the duties, functions and powers conferred on the secretary,
county clerk, department or agency by section 5 of this 2013 Act
and the amendments to ORS 247.012, 247.017 and 247.208 by
sections 1 to 3 of this 2013 Act. + }
SECTION 7. { + 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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