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 3843

                         House Bill 3404

Sponsored by Representative OLSON

                             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.

  Provides procedures to store and account for unused ballots
after election.

                        A BILL FOR AN ACT
Relating to ballots; amending ORS 253.045 and 254.483.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 254.483 is amended to read:
  254.483.  { + (1) + } Immediately after 8 p.m. on the day of an
election  { - : - }  { + , the county clerk shall:
  (a) Count all unused ballots;
  (b) Record the number of unused ballots counted; and
  (c) Seal or otherwise securely store the unused ballots. + }
    { - (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. - }
   { +  (2) The county clerk shall keep a log to account for the
unused ballots. The log shall include:
  (a) A record of each instance in which an elections official
accesses the unused ballots;
  (b) The number of unused ballots taken from the supply; and
  (c) The name of the elections official performing the task.
  (3) Not later than the 30th day after the election, the county
clerk shall:
  (a) Count the remainder of the unused ballots sealed or stored
under subsection (1) of this section;
  (b) Record the number of remaining unused ballots counted; and
  (c) Submit to the Secretary of State the log and all
information recorded under this section.
  (4) If the county clerk's record shows that any unused ballots
are missing or unaccounted for, the Secretary of State shall
conduct an investigation to determine the reason for the
discrepancy.
  (5) The log and any information recorded under this section
shall be made available to the public upon request.
  (6) A count of unused ballots conducted under this section may
not be conducted by individuals who are all members of the same
political party.
  (7) The county clerk shall destroy all unused absentee and
regular ballots in the county clerk's possession not later than a
date set by the Secretary of State by rule. + }
  SECTION 2. ORS 253.045 is amended to read:
  253.045. (1) The clerk shall print as many absentee ballots as
may be necessary as soon as possible after receiving the
information concerning candidates and measures to be voted on at
an election, but not later than the 45th day before the election.
  (2) The clerk is responsible for the safekeeping and
disposition of the ballots, and shall   { - destroy - }  { +
treat + } all unused ballots as   { - soon as practicable after
the election - }  { +  described in ORS 254.483 + }.
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