Bill Text: OR HB3365 | 2011 | Regular Session | Introduced
Bill Title: Relating to voter registration; declaring an emergency.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3365 Detail]
Download: Oregon-2011-HB3365-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3041
House Bill 3365
Sponsored by Representative THATCHER
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 acceptable evidence of residency for persons
registering to vote in this state for first time. Specifies when
registration of qualified person occurs.
Becomes operative January 1, 2012.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to voter registration; creating new provisions; amending
ORS 247.012; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 247. + }
SECTION 2. { + (1) A person registering to vote in this state
for the first time shall supply acceptable evidence of residency
with the person's completed:
(a) Voter registration card; or
(b) Voter registration portion of the application for issuance
or renewal of a driver license, 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.
(2) Acceptable evidence of residency includes:
(a) A valid driver license or state identification card.
(b) If the person does not have a valid driver license or state
identification card, the last four digits of the person's social
security number.
(c) If the person does not have any acceptable evidence of
residency listed under paragraphs (a) and (b) of this subsection,
a copy of one of the following documents:
(A) Valid photo identification.
(B) A paycheck stub.
(C) A utility bill.
(D) A bank statement.
(E) A government document. + }
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) - } { + (8) + } of
this section;
(c) Completing the voter registration portion of the
application for issuance or renewal of a driver license, 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 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. - }
{ + (3) The county clerk for the county in which the person
resides shall register the person if: + }
{ - (4) - } { + (a) + } Except as provided in ORS 247.125,
{ - if a - } { + the person's + } 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. - } { + ; and
(b) For a person registering to vote in this state for the
first time, the person's registration card is accompanied by
acceptable evidence of residency listed under section 2 (2) of
this 2011 Act.
(4) + } If { - this - } information { + or evidence of
residency required under subsection (3) of this section + } is
{ - missing from the registration card - } { + not
supplied + } or the date of birth is incomplete, the county clerk
shall attempt to contact the person to obtain the { - missing
or incomplete - } information { + or evidence + }. The county
clerk may supply the registrant's date of birth from any previous
registration of the registrant.
{ + (5) The county clerk shall mail a written notice to each
person who has attempted to register to vote in this state for
the first time under this section. The notice must indicate
whether the person is registered and shall be mailed not later
than seven business days after the county clerk receives
registration materials under subsection (1) or (2) of this
section. The registration of a qualified person occurs on the
date that the county clerk mails the notice confirming the
registration of the person. + }
{ - (5) - } { + (6) + } If a registration card meets the
requirements of subsection { - (4) - } { + (3) + } of this
section but is missing an indication of political party
affiliation, the registrant { - shall be - } { + is + }
considered not affiliated with any political party. This
subsection does not apply if an elector is updating a
registration within the same county.
{ - (6) - } { + (7) + } If a registration card contains an
unintentional scrivener's error, the county clerk may attempt to
contact the person to correct the error.
{ - (7) - } { + (8) + } A county clerk may appoint
officials to accept registration of persons at designated
locations. The appointments and locations { - shall - } { +
must + } be in writing and filed in the office of the county
clerk. The county clerk { - shall be - } { + is + }
responsible for the performance of duties by those appointed.
{ - (8) - } { + (9) + } A registration { - card received
and accepted - } { + that occurs + } under this section
{ - shall be - } { + is + } considered an active registration.
{ - (9) - } { + (10) + } A registration may be updated at
any time.
SECTION 4. { + (1) Section 2 of this 2011 Act applies only to
persons who register to vote in this state for the first time on
or after the operative date of section 2 of this 2011 Act.
(2) The amendments to ORS 247.012 by section 3 of this 2011 Act
apply only to voter registration cards received, delivered or
completed on or after the operative date of the amendments to ORS
247.012 by section 3 of this 2011 Act. + }
SECTION 5. { + (1) Except as provided in subsection (2) of
this section, section 2 of this 2011 Act and the amendments to
ORS 247.012 by section 3 of this 2011 Act become operative on
January 1, 2012.
(2) The Secretary of State and any county clerk or county
official in charge of elections may take any action under section
2 of this 2011 Act and ORS 247.012, as amended by section 3 of
this 2011 Act, prior to the operative date specified in
subsection (1) of this section that is necessary to enable the
Secretary of State and any county clerk or county official in
charge of elections 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 of State and any
county clerk or county official in charge of elections by section
2 of this 2011 Act and the amendments to ORS 247.012 by section 3
of this 2011 Act. + }
SECTION 6. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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