Bill Text: OR HB3344 | 2013 | Regular Session | Enrolled

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Bill Title: Relating to challenged ballots.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-07-29 - Chapter 695, (2013 Laws): Effective date January 1, 2014. [HB3344 Detail]

Download: Oregon-2013-HB3344-Enrolled.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 3344

Sponsored by Representative HOYLE

                     CHAPTER ................

                             AN ACT

Relating to challenged ballots; creating new provisions; and
  amending ORS 254.426.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 254.426 is amended to read:
  254.426. (1) Whenever any person   { - votes a challenged - }
 { +  offers to vote a + } ballot { +  challenged under ORS
254.415 + }, the county clerk shall ensure that the ballot
offered by the person includes the number of the written
statement of challenge so that the ballot may be identified in
any future contest of the election.
  (2) The county clerk shall examine the challenge and determine
if the person is validly registered to vote and if the vote was
properly cast. The ballot shall be counted only if the county
clerk determines the person is validly registered.
  (3) The county clerk shall ensure that the information on the
numbered written statement is treated as confidential so that in
the event of a recount of votes it cannot be determined how any
challenged person voted.
  (4) The county clerk shall mail to each person   { - voting
under this section and - }  { +  offering to vote a ballot
challenged under + } ORS 254.415 a written statement that
describes the nature of the challenge. If the person does not
provide evidence sufficient to verify the person's registration
by the deadline described in subsection (5) of this section, the
registration of the person shall be considered inactive until the
person updates or verifies the registration, the registration is
canceled or the county clerk determines that the person is
validly registered.
  (5) The registration of each person   { - voting under this
section and - }  { +  offering to vote a ballot challenged
under + } ORS 254.415 shall be verified not later than the
 { - 10th - }  { +  14th + } calendar day after the date of the
election in order for the vote of the person to be counted.
  SECTION 2.  { + Section 3 of this 2013 Act is added to and made
a part of ORS chapter 254. + }
  SECTION 3.  { + (1) If a ballot is challenged because it is
returned in an unsigned return identification envelope or because
the signature of an elector on a return identification envelope
does not match the signature in the voter registration record for
the elector, the county clerk shall mail to the elector a notice
that describes the nature of the challenge. The Secretary of

Enrolled House Bill 3344 (HB 3344-A)                       Page 1

State shall design a standard form to be used in all
notifications sent by county clerks under this subsection.
  (2) In order for the vote of the elector to be counted, the
elector must provide evidence sufficient to disprove the
challenge not later than the 14th calendar day after the date of
the election. If the elector does not provide evidence sufficient
to disprove the challenge by the 14th calendar day after the date
of the election, the registration of the elector shall be
considered inactive.
  (3)(a) The county clerk may not release as a public record any
information that could be used to identify an elector whose
ballot has been challenged under this section until the eighth
calendar day after the date of an election.
  (b) Following the eighth calendar day after the date of an
election, the county clerk may disclose as a public record under
ORS 192.410 to 192.505 the following information about each
elector whose ballot was challenged under this section:
  (A) The name of the elector;
  (B) The residence addresses of the elector; and
  (C) The reason the elector's ballot is being challenged. + }
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Passed by House June 21, 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 3344 (HB 3344-A)                       Page 2

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 3344 (HB 3344-A)                       Page 3