Bill Text: OR HB3506 | 2011 | Regular Session | Introduced
Bill Title: Relating to elections; declaring an emergency.
Sponsorship: Partisan Bill (Republican 7)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3506 Detail]
Download: Oregon-2011-HB3506-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 3006
House Bill 3506
Sponsored by Representative THOMPSON; Representatives ESQUIVEL,
FREEMAN, KRIEGER, THATCHER, WEIDNER, WINGARD (at the request of
Americans for Prosperity Marion/Polk County Branch)
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.
Modifies and repeals laws relating to elections conducted by
mail. Directs county clerks to conduct elections at polling
places.
Becomes operative on January 1, 2012.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
192.842, 195.210, 222.130, 246.012, 246.025, 246.160, 246.200,
246.250, 247.965, 249.078, 249.091, 250.037, 250.038, 251.175,
251.315, 253.005, 253.045, 253.055, 253.135, 253.690, 253.700,
254.005, 254.035, 254.071, 254.074, 254.076, 254.115, 254.125,
254.135, 254.145, 254.155, 254.165, 254.175, 254.185, 254.195,
254.235, 254.321, 254.365, 254.408, 254.411, 254.415, 254.445,
254.458, 254.465, 254.483, 254.495, 254.505, 254.525, 254.535,
255.055, 255.215, 255.288, 260.665, 260.675, 260.695, 260.715,
261.060, 370.031 and 476.330; repealing ORS 247.307, 254.458,
254.470, 254.471, 254.472, 254.474, 254.478, 254.480 and
254.482; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 254.465 is amended to read:
254.465. (1) County clerks shall conduct all elections in this
state { - by mail - } { + at polling places + }.
(2) The Secretary of State shall adopt rules to:
(a) Provide for uniformity in the conduct of state elections
{ - by mail - } { + at polling places + }; and
(b) Govern the procedures for conducting elections { - by
mail - } { + at polling places + }.
SECTION 2. { + Sections 3 to 7 of this 2011 Act are added to
and made a part of ORS chapter 246. + }
SECTION 3. { + (1) Not later than the 30th day before the
primary election:
(a) The county clerk shall appoint persons to serve on election
boards. There shall be at least one election board for each
polling place.
(b) The county clerk may appoint more than one election board
for any precinct in which 100 or more ballots were cast at the
last general election or in which there are more than 200
electors.
(2) The election board shall consist of a day board to issue
ballots and may include a counting board to count ballots. A day
board shall consist of three or more clerks. A counting board
shall consist of four or more clerks. An election board clerk may
not serve on the day board and the counting board at the same
time. The county clerk shall designate one clerk of each day
board and one clerk of each counting board as chairperson.
(3) The county clerk shall appoint the election board clerks
for a term of two years. The county clerk may withdraw the
appointment of a clerk at any time. Clerks may be reappointed for
more than one term.
(4) Except as provided in this subsection, an election board
clerk shall be an elector of the county, shall be able to read,
write and speak English and may not serve at a polling place in
an electoral district in which the election board clerk is a
candidate for any office, except precinct committeeperson, to be
voted on in that election. The clerks of a day board or a
counting board may not all be members of the same political
party. The Secretary of State shall adopt by rule standards under
which county clerks may employ persons to serve as election board
clerks who are not electors of the county but who are residents
of the county and who are at least 16 years of age. A person who
is the spouse, child, son-in-law, daughter-in-law, parent,
mother-in-law, father-in-law, sibling, brother-in-law,
sister-in-law, aunt, uncle, niece, nephew, stepparent or
stepchild of a candidate on the ballot at an election may not
serve as election board clerk at a polling place where the
candidate may be voted on, unless the candidate is a candidate
for precinct committeeperson and is the only such relative who is
a candidate on the ballot in the same election. The county clerk
shall appoint board clerks who have the necessary capacity and
ability to carry out their functions with sufficient skill and
dispatch.
(5) In the event of a vacancy in the office of board clerk, the
county clerk shall appoint a qualified person to fill the
vacancy. + }
SECTION 4. { + (1) Immediately after the appointment of
election board clerks as provided in section 3 of this 2011 Act,
the county clerk shall:
(a) Make and certify a list of the persons appointed for each
precinct, make the list available for public inspection in the
office for five days and provide a copy of the list to each
political party within the county that is affiliated with a major
political party as qualified under ORS 248.006.
(b) Notify by mail each person appointed of the appointment,
and keep a record of all notifications.
(2) Not later than the fifth day after the list of appointees
is available to the public, any elector may file with the county
clerk, without charge, any objection or suggestion respecting the
appointments. The county clerk shall consider all objections and
suggestions so filed.
(3) If the county clerk revises the list because of objections
or suggestions filed under subsection (2) of this section,
notification of these additions or deletions shall be delivered
to each political party within the county that is affiliated with
a major political party. + }
SECTION 5. { + (1) Each election board clerk shall be
compensated at a rate not less than the federal or state minimum
wage, whichever is higher. The specific compensation shall be
fixed and allowed by the county governing body and paid out of
the county treasury. + }
{ + (2) Nothing in subsection (1) of this section is intended
to prohibit an election board clerk from volunteering to serve
and serving without compensation. + }
SECTION 6. { + (1) Each county clerk shall meet at a
convenient place at least once each biennium with the election
board clerks. At the meeting, the county clerk shall advise and
instruct the board clerks concerning the proper election and
voting procedures to be followed by them. The county clerk's
advice and instruction shall conform to applicable rules,
directives and instructions of the Secretary of State.
(2) The Secretary of State may require a county clerk to
conduct a meeting in addition to the meeting required by
subsection (1) of this section. + }
SECTION 7. { + (1) Not later than the 10th day before any
election conducted at polling places as provided in ORS chapter
254, the county clerk shall designate one polling place for each
precinct. The county clerk shall take into account the
desirability that a polling place have adequate parking and
lighting facilities and be accessible to individuals with
disabilities in accordance with rules adopted under ORS 447.231.
The county clerk may designate as a polling place any public
building, including any schoolhouse, owned or leased by the state
or any political subdivision thereof, and the public building may
be used as a polling place without expense to the county. The
official in charge of the public building may not refuse its use
as a polling place. If the public building has an entrance free
of architectural barriers as defined by rules adopted under ORS
447.231, that entrance shall be kept unlocked during the hours
the polls are open and its location clearly indicated at the main
entrance of the building. More than one polling place may be
designated in the same building.
(2) Any published list of polling places for use by electors
shall indicate by a uniform, nationally recognized symbol those
polling places that are accessible to electors with
disabilities. + }
SECTION 8. { + Sections 9 and 10 of this 2011 Act are added to
and made a part of ORS + } { + chapter 247. + }
SECTION 9. { + Notwithstanding ORS 247.025:
(1) If a county clerk receives information updating the
registration of an elector after the deadline in ORS 247.025 and
not later than the eighth day before an election, and the
registration of the elector has not been canceled, the county
clerk may include the elector's updated registration information
in the poll book. If the elector's updated registration
information is not in the poll book, the clerk shall provide the
elector a certificate of registration allowing the elector to
vote at the elector's new polling place. A person issued a
certificate of registration who desires to vote must give the
certificate to the election board of the precinct before the
elector is given a ballot.
(2) An elector who updates a registration after the eighth day
before an election may vote at any polling place or at a county
elections office.
(3) Notwithstanding subsection (1) of this section, the county
clerk need not issue a certificate of registration to an elector
who is voting by absentee ballot. + }
SECTION 10. { + (1) An elector or member of an election board
may question an entry in the poll book. The question shall be
noted in the remarks column following the name stating the
reason, such as ' died,' 'moved' or 'incorrect address. '
(2) Not later than the 60th day after each election, the county
clerk shall send the notice described in ORS 247.563 to electors
questioned under subsection (1) of this section. + }
SECTION 11. { + Sections 12 to 17 of this 2011 Act are added
to and made a part of ORS chapter 253. + }
SECTION 12. { + The clerk shall deliver valid absentee ballots
to the proper election board before closing of the polls or to a
special counting board appointed under section 13 of this 2011
Act. + }
SECTION 13. { + (1) The county clerk shall appoint as many
special counting boards as may be necessary to conduct the count
of absentee ballots not delivered to the election boards. Each
member of a special counting board shall be an elector of the
county, but no member shall be a candidate for any office at the
election. The members of a special counting board may not all be
members of the same political party. Each member of a special
counting board shall be compensated at not less than the rate of
a member of a regular election board at the election.
(2) The special counting boards may begin to process the
absentee ballots as soon as the poll books used at the election
are delivered to the counting board.
(3) Absentee ballots may be counted by the special counting
boards or by use of an automated vote tally system. The count of
absentee ballots shall be completed not later than the third day
after the date of the election. + }
SECTION 14. { + (1) The election board or special counting
board shall verify the legality of each absentee ballot delivered
to the board for counting by determining if the envelope has been
marked as provided in ORS 253.080 and by examining the poll book
to see that the absent elector has not voted in person.
(2) If the envelope delivered to an election board or special
counting board is not marked as provided in ORS 253.080, the
envelope shall be returned unopened to the clerk who shall
determine if the ballot should be counted. If the clerk
determines that the ballot should be counted, the envelope shall
be returned to the board with appropriate instructions. + }
SECTION 15. { + If an absentee ballot is not counted, the
person who determines that the ballot should not be counted shall
mark ' rejected' across the front of the envelope. The envelope
may not be opened. The envelope and ballot shall be retained in
the same manner as defective regular ballots voted at the
election. + }
SECTION 16. { + When the election board or special counting
board has verified the legality of the absentee ballot, a member
of the board, without unfolding or permitting the ballot to be
opened or examined, shall remove the ballot from the envelope,
detach the stub and process the stub and ballot in the same
manner as other ballots cast at the election. A member of the
board shall write in the poll book that the absent elector voted
at the election with an absentee ballot. + }
SECTION 17. { + An elector may vote in person even though an
absentee ballot has been delivered to the elector, if the elector
has not voted and returned the absentee ballot. If the elector
returns the ballot to the election board, the election board
shall mark the envelope 'canceled' and place it in the ballot box
with other ballots cast at the election. + }
SECTION 18. { + Sections 19 to 39 of this 2011 Act are added
to and made a part of ORS + } { + chapter 254. + }
SECTION 19. { + (1) The county clerk shall produce a
facsimile, except as to size, of the ballot in a manner described
in this section. For any primary election, a facsimile of the
ballot shall include the ballot of each major political party.
(2) The facsimile shall be:
(a) Published or inserted in one or more newspapers as
described in subsection (3) of this section; or
(b) Distributed to each residential postal mailing address
within the electoral district for which the election is being
held.
(3) If the facsimile is published or inserted in a newspaper:
(a) The facsimile shall be published or inserted not later than
the fourth day nor earlier than the 15th day before the election.
(b) The facsimile shall be published or inserted in at least
one issue of one newspaper in each county with a population of
less than 10,000, or in each county in which no more than one
newspaper is published. The facsimile shall be published or
inserted in at least one issue of two newspapers in each county
with a population of 10,000 or more in which more than one
newspaper is published. The county governing body, at the first
regular meeting each year, shall select the newspaper or
newspapers of general circulation in the county in which the
facsimile shall be published or inserted and shall notify the
county clerk of the selection.
(c) The county governing body may require publication or
insertion of the facsimile in additional newspapers and shall
select the newspapers at the same time as provided in paragraph
(b) of this subsection. The county governing body shall notify
the county clerk of any additional selections.
(d) The facsimile may not be published in any newspaper unless
the newspaper agrees that no paid political advertisement shall
be placed on the same page as the facsimile or on the page facing
the facsimile. If a newspaper selected under paragraph (b) or (c)
of this subsection does not so agree, the county governing body
shall select another newspaper in the county with as nearly as
possible the same qualifications for the publication of the
facsimile.
(4) A facsimile distributed to each residential postal mailing
address within the electoral district for which the election is
being held shall have postage prepaid and shall be considered to
give notice when mailed. Facsimile ballots mailed under this
subsection shall be mailed not sooner than the 15th day nor later
than the 10th day before the election. Proof of mailing shall be
by affidavit of the county clerk.
(5) A facsimile printed in a county voters' pamphlet prepared
and distributed in accordance with ORS chapter 251 shall be
considered to satisfy the requirements of this section.
(6) As used in this section, 'electoral district' means a
county, city or district. + }
SECTION 20. { + (1) The county clerk shall provide each
precinct with at least as many official ballots as there are
electors listed in the poll books of the precinct, and as many
additional ballots as may be expected to be required. The county
clerk shall provide as many sample ballots as the county clerk
considers necessary to supply persons requesting them at polling
places and to distribute to the public.
(2) The county clerk, at the request of any person, candidate,
political party or political committee, shall furnish to them
sample ballots. The county clerk may collect from the requesting
person the cost of the sample ballots furnished. + }
SECTION 21. { + (1) The county clerk shall prepare the poll
book of each precinct. The poll book shall list alphabetically
the electors in the precinct, and the residence address and
political affiliation of each. The poll book shall indicate
clearly each electoral district in which the elector is eligible
to vote.
(2) If a person registers before the 20th day before the
election, the person's name shall be listed in the poll book of
the person's precinct.
(3) The poll book shall be ruled so that in a column for ballot
numbers sufficient space appears for inserting the number of the
ballot given to the elector.
(4) The county clerk shall have attached to, or printed in, the
poll book blank oaths of office for the election board
clerks. + }
SECTION 22. { + In sufficient time before the election, the
county clerk shall secure and take possession of the places
designated as polling places. The county clerk shall provide
suitable compartments, shelves or tables at which electors are to
mark or punch their ballots. The arrangement shall ensure that
the ballot boxes, compartments, shelves or tables, and the
electors while marking or punching their ballots, may not be
hidden from view of the election board clerks, yet they shall be
so arranged that the elector may conveniently mark or punch the
ballot with absolute secrecy. There shall be provided in each
polling place not less than one compartment, shelf or table for
every 120 electors to vote at that polling place. A polling place
shall have at least three compartments, shelves or tables. + }
SECTION 23. { + (1) In sufficient time before opening of the
polls, the county clerk shall deliver to each election board the
poll book, tally and return sheets, ballots, ballot boxes and
other equipment necessary for conduct of the election. The county
clerk also shall deliver to the election board a notice
specifying where the board is to return the equipment.
(2) The county clerk may provide a flag of the United States
for each polling place. In this event, the election board shall
display the flag at the polling place during voting hours.
(3) The county clerk shall keep a record of, and prepare a
receipt for, the equipment delivered. The election board clerk
who receives the equipment shall sign the receipt. The receipt
immediately shall be returned to the county clerk. + }
SECTION 24. { + Before beginning their duties, the election
board clerks shall take the oath of office included in the poll
book. The oath shall be administered by any officer authorized
to administer oaths or by the board chairperson. If these persons
are not present, any clerk may administer the oaths. + }
SECTION 25. { + If an election board clerk is not present when
required, the other clerks shall elect a qualified person to act
as clerk until the absent clerk arrives, and if the absent clerk
does not arrive within one-half hour, to serve in that clerk's
place. The substitute clerk need not be of the same political
affiliation as the absent clerk, unless all clerks of the board
would have the same political affiliation. The substitute clerk
shall take the official oath before acting. Compensation that
would have been paid to the absent clerk for the period served by
the substitute clerk shall be paid to the substitute clerk and
deducted from the pay of the absent clerk. + }
SECTION 26. { + The election board clerks, when preparing a
voting machine before the polls open, shall:
(1) Place the voting machine where it can be conveniently
attended by the clerks and conveniently operated by the electors
and where the ballot labels on the machine can be plainly seen by
the clerks and the public when the machine is not in use.
(2) Place a model of a portion of the face of a voting machine
where an elector can conveniently operate it and receive
instructions on the manner of voting before proceeding to the
voting compartment, shelf or table.
(3) Determine that the ballot labels are in the proper places
on the machine.
(4) Certify the performance of these duties in the poll
book. + }
SECTION 27. { + (1) The polls shall be open from 7 a.m. to 8
p.m. of the same day except that if federal law or regulations
require a particular hour for poll closure, the polls, for any
election, shall close at that hour.
(2) The first election board shall meet not later than 6:30
a.m. at the polling place on election day. It shall act until the
count and tally of ballots is completed, until the polls are
closed and the ballots removed for counting, or until relieved by
an additional board. While the polls are open, no more than one
board clerk shall be out of the presence of the others.
(3) The election board, immediately before the opening of the
polls, shall insure that the ballot boxes are empty. The boxes
may not be reopened except to count the ballots.
(4) At 7 a.m. the board chairperson shall publicly announce the
opening of the polls. Thirty minutes before closing the polls the
chairperson shall publicly announce that the polls will be closed
in half an hour.
(5) The ballot boxes, poll book, ballot stubs, return sheets
and tally sheets shall be constantly kept together in view of the
board clerks and other persons permitted to be present from the
opening of the polls until the clerks complete their duties.
(6) If an elector attempts to vote at the wrong polling place,
the board shall assist the elector in locating the proper polling
place.
(7) When the polls close, electors who are at the polling place
waiting to vote shall be considered to have begun the act of
voting. + }
SECTION 28. { + If voting machines are used, the board clerks
occasionally shall examine the face of the machine and the ballot
labels to determine that the machine or labels have not been
tampered with or damaged. + }
SECTION 29. { + (1) If a voting machine becomes inoperative,
an election board clerk immediately shall notify the county
clerk.
(2) If possible, the county clerk shall repair the voting
machine at once or substitute another machine.
(3) If no other machine can be procured and the inoperative
machine cannot be repaired in time for further use at the
election, or when in the discretion of a majority of the election
board it is impracticable to use the machine, the board clerks
shall permit the electors to use paper ballots. The paper ballots
shall be furnished by the county clerk. The ballots may not be
tallied and returned by the board clerks. Instead, these ballots
shall be delivered to the county clerk for tally and canvass. + }
SECTION 30. { + The election board shall write, and certify as
correct, in the poll book the number of ballots initially
delivered and the number of ballots thereafter delivered to the
precinct. + }
SECTION 31. { + In a district where circuit judges are
elected at large and not for departments or positions, an elector
may vote for as many candidates as there are offices to be
filled. + }
SECTION 32. { + (1) An elector before receiving a ballot shall
sign the poll book following the elector's name.
(2) If the residence address of a person in the poll book is
not correct because of an error in preparation of the poll book,
the chairperson of the election board shall ascertain the correct
address from the person by a statement made under oath or
affirmation before the election board. Thereafter a correction
shall be made in the poll book. + }
SECTION 33. { + (1) For purposes of ensuring that electors do
not vote more than once at the same election, the county clerk
shall identify electors who applied for an absentee ballot or
whose applications as absent electors remain valid under ORS
253.030 (5). Electors described in this subsection shall be
identified in poll books or in another manner specified by the
Secretary of State by rule.
(2) If an elector offers to vote at a polling place and the
elector is identified in the poll book or in another manner under
subsection (1) of this section as having applied for an absentee
ballot for that election or as an elector whose application as an
absent elector remains valid under ORS 253.030 (5), the elector
may cast a ballot but the ballot may not be counted until the
county clerk determines whether the elector has voted more than
once at the same election. The Secretary of State shall adopt
rules specifying procedures for the handling of ballots cast
under this subsection. This subsection shall operate in each
county at the discretion of the county clerk.
(3) If an elector applies for an absentee ballot after the poll
book is printed, any absentee ballot cast by the elector at the
election may not be opened and counted until the county clerk
determines whether the elector cast a ballot at a polling
place. + }
SECTION 34. { + (1) The stub number of each official ballot
given an elector shall be recorded in the poll book opposite the
name of the elector or on the registration certificate of the
elector.
(2) If an elector is permitted to vote only on certain offices
or measures, the chairperson of the election board shall
determine on which offices or measures the elector is qualified
to vote, and shall note the determination on the ballot and in
the poll book or on the registration certificate of the elector.
(3) An election board clerk shall enter in the poll book the
name and residence address of an elector who is permitted to vote
but is not listed in the poll book and is not voting under a
registration certificate.
(4) If an elector votes under a registration certificate, the
elector shall sign the certificate in view of the board clerk.
The signed certificate shall be considered part of the poll
book. + }
SECTION 35. { + (1) On receiving a ballot, the elector shall
retire to a compartment, shelf or table provided and mark or
punch the ballot. Except as provided in ORS 254.445, not more
than one person at one time shall be permitted to occupy a
compartment, shelf or table. An elector may not occupy the
compartment, shelf or table longer than five minutes. If the
elector refuses to leave at the end of that time, the board
clerks may remove the elector. However, the clerks may grant the
elector a longer time.
(2) An elector may not place on the ballot a sticker bearing
the name of a person, or use any other method or device, except
writing, to vote for a person whose name is not printed on the
ballot.
(3) The elector, without exposing the contents of the ballot,
shall deliver the ballot to a board clerk. The ballot shall be
deposited in the ballot box by a clerk in the presence of the
elector or by the elector.
(4) The ballot stub shall be removed from the ballot by a board
clerk at any time after the stub number of the ballot is recorded
in the poll book and before the ballot is deposited in the ballot
box. + }
SECTION 36. { + The election board, if requested, shall permit
authorized persons to be at the polling place to challenge
persons offering to vote and to watch the receiving and counting
of votes. The authorization shall be in writing, shall be signed
by an officer or its county affiliate of a political party, a
candidate or the county clerk and shall be filed with the board.
The board shall permit only so many persons as challengers or
watchers under this subsection as will not interfere with an
orderly procedure at the polling place. + }
SECTION 37. { + (1) An election board clerk or elector present
shall challenge any person offering to vote whom the clerk or
elector knows or suspects not to be qualified as an elector. The
person's right to vote may be challenged at any time before the
ballot is actually deposited in the ballot box.
(2) A person offering to vote under subsection (1) of this
section shall complete and sign a written statement containing
the name, residence address and mailing address of the person and
the oath or affirmation required by this subsection. The
statement shall be printed on the larger envelope described in
this section.
(3) The oath or affirmation shall be signed before any member
of the election board and shall state that the person is
registered and qualified to vote and that the person has not
already voted at the same election. If the person signs the
statement, the person shall be permitted to vote, subject to ORS
254.426. If the person does not sign the statement, the person
may not be permitted to vote.
(4) A person voting a ballot challenged under this section
shall insert the ballot into a small envelope provided by the
election board and then insert the small envelope into a larger
envelope. The written statement of challenge shall be attached to
the larger envelope. The larger envelope shall be deposited in
the ballot box. When the ballot box is opened, the larger
envelopes shall be segregated and not counted until the
registration of the person is verified. + }
SECTION 38. { + (1) Subject to ORS 254.485, a person may not
take an official ballot from the polling place, except that a
board clerk may take a ballot to an elector with a disability who
is offering to vote immediately outside the polling place.
(2) An elector who does not vote the ballot before leaving the
polling place shall return the ballot to a board clerk. The clerk
shall write on the stub 'Not voted' and initial the stub. The
clerk then shall treat the stub and the ballot as a spoiled
ballot. The clerk shall draw a line with pen and ink in the poll
book across the signature of the elector and write the words 'Not
voted.' + }
SECTION 39. { + If an elector by accident or mistake spoils a
ballot, the elector, on returning the spoiled ballot, shall
receive another. If the elector spoils three ballots, it shall be
conclusive evidence that the elector is unable to prepare a
ballot without assistance. When the elector spoils a ballot and
returns it, a board clerk shall immediately destroy the spoiled
ballot without anyone inspecting its contents. The clerk then
shall issue another ballot to the elector, and write the number
of the spoiled ballot on the stub of the new ballot. A notation
of spoiling of a ballot shall be made in the poll book following
the name of the elector. + }
SECTION 40. { + Sections 41 to 43 of this 2011 Act are added
to and made a part of ORS chapter 255. + }
SECTION 41. { + (1) Notice of any district election shall be
published once in a newspaper of general circulation in the
district.
(2) Not later than the day of the election nor sooner than the
15th day before the election, the elections officer shall publish
a facsimile, except as to size, of the sample ballot, a list of
the polling places and the hours the polls are to be open. The
information shall be published once in the newspaper in which the
notice was published under subsection (1) of this section, at the
current published local display advertising rate.
(3) The Secretary of State by rule may establish the procedure
for preparing election notices for publication in a
newspaper. + }
SECTION 42. { + The county clerk, when practical, shall use
the same election notices, election boards, polling places,
official and sample ballots, poll books, equipment and materials
necessary for the conduct of the elections. + }
SECTION 43. { + The county clerk may combine precincts for any
district election not later than the 30th day before the
election. + }
SECTION 44. ORS 192.842 is amended to read:
192.842. (1) A county clerk or other elections official shall
use the actual address of a program participant for voter
registration purposes. Except as provided in ORS 192.820 to
192.868, a county clerk or other elections official may not
disclose the actual address.
{ - (2) A county clerk or other elections official shall use
the substitute address of the program participant for purposes of
mailing a ballot to an elector under ORS 254.470. - }
{ - (3) - } { + (2) + } A school district shall use the
actual address of a program participant for any purpose related
to admission or assignment. The school district shall take such
measures as necessary to protect the confidentiality of the
actual address of the program participant. Student records
created under ORS 326.565 and 326.580 shall use the substitute
address of the program participant.
{ - (4) - } { + (3) + } A county clerk shall accept the
substitute address of the program participant as the address of
the applicant for the purpose of issuing a marriage license under
ORS 106.041 or registering a Declaration of Domestic Partnership
under ORS 106.325.
SECTION 45. ORS 195.210 is amended to read:
195.210. (1) The statement summarizing the measure and its
major effect in the ballot title of a proposal for adoption of an
annexation plan shall contain a general description of the
boundaries of each territory proposed to be annexed. The
description shall use streets and other generally recognized
features. Notwithstanding ORS 250.035, the statement summarizing
the measure and its major effect may not exceed 150 words.
(2) The notice of an annexation plan election shall be given as
provided in ORS 254.095 { + and section 19 of this 2011 Act + },
except that in addition the notice shall contain a map indicating
the boundaries of each territory proposed to be annexed.
SECTION 46. ORS 222.130 is amended to read:
222.130. (1) The statement summarizing the measure and its
major effect in the ballot title for a proposal for annexation
shall contain a general description of the boundaries of each
territory proposed to be annexed. The description shall use
streets and other generally recognized features. Notwithstanding
ORS 250.035, the statement summarizing the measure and its major
effect may not exceed 150 words.
(2) The notice of an annexation election shall be given as
provided in ORS 254.095 { + and section 19 of this 2011 Act + },
except that in addition the notice shall contain a map indicating
the boundaries of each territory proposed to be annexed.
(3) Whenever simultaneous elections are held in a city and the
territory to be annexed, the same notice and publication shall
fulfill the requirements of publication for the city election and
the election held in the territory.
SECTION 47. ORS 370.031 is amended to read:
370.031. (1) This section establishes the procedure for
determining whether a county shall issue bonds under ORS 370.010.
The question shall be decided by election. The county court:
(a) May order the election on its own resolution; or
(b) Shall order the election when a petition is filed as
provided in this section.
(2) The requirements for preparing, circulating and filing a
petition under this section shall be as provided for an
initiative petition in ORS 250.165 to 250.235.
(3) Notwithstanding subsection (2) of this section, if ORS
250.155 makes ORS 250.165 to 250.235 inapplicable to a county,
the requirements for preparing, circulating and filing a petition
under this section shall be as provided for an initiative
petition under the county charter or an ordinance adopted under
the county charter.
(4) The order of the county court calling the election:
(a) Shall specify the amount of the bonds proposed to be
issued, the length of time they shall run and the maximum rate of
interest they shall bear; and
(b) May specify each road within the county to be built or
improved by the money raised, the minimum amount to be expended
on each road and the location of each road within the county,
giving its beginning and terminus.
(5) Not later than the fourth day nor before the 15th day
before an election under this section, the county court shall
publish a notice of the election in a newspaper or newspapers
designated { - by the county court - } { + under section 19
of this 2011 Act + }. The notice shall state the date of the
election, a ballot title and the information included in the
order under subsection (4) of this section. The notice shall be
published in at least one issue of the newspaper or
newspapers. { + A notice under this section is in addition to
the facsimile published under section 19 of this 2011 Act. + }
(6) Only one election under this section may be held in a
12-month period.
SECTION 48. ORS 246.012 is amended to read:
246.012. As used in this chapter:
(1) 'Ballot' means any material on which votes may be cast for
candidates or measures.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'County governing body' means the county court sitting for
the transaction of county business or the board of county
commissioners.
(4) 'Election' means any election held within this state.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(6) 'Governing body' means the governing body of any
subdivision of the state.
(7) 'Local elections official' means any person who is:
(a) An official of any election precinct or special district or
public corporation organized for public purposes; and
(b) Authorized or required by law to perform functions in
connection with elections held in the election precinct or
special district or public corporation organized for public
purposes.
(8) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(9) 'Precinct' means any election precinct.
(10) 'Vote tally system' means one or more pieces of equipment
necessary to examine and tally automatically the marked { + or
punched + } ballots.
(11) 'Voting machine' means { + : + }
{ + (a) + } Any device that will record every vote cast on
candidates and measures and that will either internally or
externally total all votes cast on that device.
{ + (b) Any device into which a ballot may be inserted and
which is so designed and constructed that the vote for any
candidate or measure may be indicated by marking or punching the
ballot. + }
SECTION 49. ORS 246.025 is amended to read:
246.025. (1) A person with a disability who is unable because
of the disability to sign any election document, including a
voter registration card { + , + } { - or - } ballot return
envelope { + or poll book + }, may use a signature stamp or
other indicator of the person's signature, as specified by the
Secretary of State by rule, whenever the signature of the person
is required under any election law.
(2) A person who desires to use a signature stamp or other
indicator of the person's signature as described in subsection
(1) of this section shall attest that the person needs to use the
stamp or indicator due to a disability. The attestation shall be
made at the time the person registers to vote or updates a
registration and shall be made on a form designed and supplied by
the Secretary of State.
SECTION 50. ORS 246.160 is amended to read:
246.160. The Secretary of State shall:
(1) Prepare and print, in appropriate and convenient form,
periodic compilations and digests of the state election statutes.
(2) Distribute in appropriate quantities to the county clerks
for use by the county clerks { + and by election boards + }
copies of the compilations and digests and any supplies and
materials necessary to the conduct of elections as the Secretary
of State considers appropriate.
(3) Make the compilations and digests available for
distribution, free or at cost, to interested persons.
SECTION 51. ORS 246.200 is amended to read:
246.200. (1) Except as otherwise provided by law, the county
clerk is the only elections officer who may conduct an election
in this state. For purposes of this section, the conduct of an
election includes, but is not limited to, establishing precincts
{ + and polling places + }, preparing ballots and sample
ballots, and receiving and processing votes.
(2) Notwithstanding subsection (1) of this section:
(a) The county clerk is not the only elections officer who may
accept and verify a filing for nomination or filing of a
petition, prepare a voters' pamphlet or ballot title, or prepare
or publish an election notice; and
(b) The Secretary of State may receive ballots as provided in
ORS 253.585.
SECTION 52. ORS 246.250 is amended to read:
246.250. (1) The county clerk may employ personnel and procure
equipment, supplies, materials, books, papers, records and
facilities of every kind as the clerk considers necessary to
facilitate and assist in administering the election laws.
(2) The necessary expenses incurred by the county clerk in
administering the election laws { + , including reasonable rental
for polling places, + } shall be allowed by the county governing
body and paid out of the county treasury.
(3) The county clerk and deputies may administer oaths and
affirmations in connection with the performance of their
functions in administering the election laws.
SECTION 53. ORS 247.965 is amended to read:
247.965. (1) Any elector may request the county clerk to keep
the residence address of the elector exempt from disclosure as a
public record under ORS 192.410 to 192.505.
(2) The county clerk shall keep the residence address of an
elector exempt from disclosure as a public record under ORS
192.410 to 192.505 if the elector making the request demonstrates
to the satisfaction of the county clerk that the elector's
personal safety or the safety of any family member residing with
the elector is in danger if the elector's address remains
available for public inspection.
{ - (3) The county clerk shall automatically mail a ballot to
an elector whose residence address is exempt from disclosure
under this section. - }
{ - (4) - } { + (3) + } An exemption from disclosure
granted under this section shall remain in effect until the
elector requests termination of the exemption or the elector is
required to update the elector's registration. If the elector is
required to update the elector's registration, the elector may
apply for another exemption from disclosure.
{ - (5) - } { + (4) + } An exemption from disclosure
granted under this section includes an exemption from disclosure
of the residence address of an elector under ORS 247.940 or
247.945.
{ - (6) - } { + (5) + } A county clerk shall not be held
liable for:
(a) Granting or denying an exemption from disclosure under this
section; or
(b) Any unauthorized release of a residence address granted an
exemption from disclosure under this section.
SECTION 54. ORS 249.078 is amended to read:
249.078. (1) The name of a candidate for a major political
party nomination for President of the United States shall be
printed on the ballot { + or ballot label + } only:
(a) By direction of the Secretary of State who in the
secretary's sole discretion has determined that the candidate's
candidacy is generally advocated or is recognized in national
news media; or
(b) By nominating petition described in this section and filed
with the Secretary of State.
(2) A petition nominating a candidate under this section shall
contain from each congressional district the signatures of at
least 1,000 electors who are registered in the district and who
are members of the major political party of the candidate. The
electors in each congressional district shall include electors
registered in at least five percent of the precincts in each of
at least one-fourth of the counties in the congressional
district. The petition shall contain the printed name, residence
or mailing address and name or number of the precinct, if known,
of each elector whose signature appears on the petition. The
signatures shall be certified for genuineness by the county
clerks under ORS 249.008.
(3) Before circulating the nominating petition, the chief
sponsor shall file with the Secretary of State a signed copy of
the prospective petition. The chief sponsor shall include with
the prospective petition a statement declaring whether one or
more persons will be paid money or other valuable consideration
for obtaining signatures of electors on the petition. After the
prospective petition is filed, the chief sponsor shall notify the
Secretary of State not later than the 10th day after the chief
sponsor first has knowledge or should have had knowledge that:
(a) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no
such person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that
one or more such persons would be paid.
SECTION 55. ORS 249.091 is amended to read:
249.091. Unless otherwise provided by a home rule charter, if a
nominating petition or declaration of candidacy is filed by no
more than two candidates for the office of sheriff, the office of
county treasurer or the office of county clerk or by no more than
two candidates to fill a vacancy in a nonpartisan office:
(1) The candidate or candidates shall be the nominee or
nominees for the office; and
(2) The name or names of the candidate or candidates may not be
printed on the ballot { + or ballot label + } at the nominating
election.
SECTION 56. ORS 250.037 is amended to read:
250.037. (1) The ballot title of any measure requesting elector
approval of bonds, the principal and interest on which will be
payable from taxes imposed on property or property ownership that
are not subject to the limitations of sections 11 and 11b,
Article XI of the Oregon Constitution, shall contain, in addition
to the matters required by ORS 250.035, the following statement
immediately after the ballot title question and appearing with
it, in this manner:
_________________________________________________________________
Question: (herein the question is stated) If the bonds are
approved, they will be payable from taxes on property or property
ownership that are not subject to the limits of sections 11 and
11b, Article XI of the Oregon Constitution.
_________________________________________________________________
(2) The words of the statement required by subsection (1) of
this section are not counted for purposes of ORS 250.035.
(3) The ballot title statement for any measure requesting
elector approval of bonds, the principal and interest on which is
to be payable from taxes imposed on property or property
ownership that are not subject to the limitations of sections 11
and 11b, Article XI of the Oregon Constitution, shall contain, in
addition to the other requirements of ORS 250.035 and this
section, a reasonably detailed, simple and understandable
description of the use of proceeds.
{ - (4) The front of the outer envelope in which the ballot
title is delivered shall state, clearly and boldly printed in
red, ' CONTAINS VOTE ON PROPOSED TAX INCREASE.' - }
SECTION 57. ORS 250.038 is amended to read:
250.038. { - (1) - } In addition to meeting other applicable
requirements of this chapter:
{ - (a) - } { + (1) + } The ballot title for a measure
authorizing the imposition of local option taxes shall contain
the statement required by ORS 280.070 (4) and the information
required by ORS 280.070 (5); { + and + }
{ - (b) - } { + (2) + } The ballot title for a measure
authorizing the establishment of a permanent rate limitation
shall contain the information required by ORS 280.070 (6) { - ;
and - } { + . + }
{ - (c) Except as provided in subsection (2) of this section,
the front of the outer envelope in which the ballot title is
delivered shall state, clearly and boldly printed in red, one of
the following statements: - }
{ - (A) For a measure authorizing the imposition of local
option taxes, 'CONTAINS VOTE ON PROPOSED TAX INCREASE'; or - }
{ - (B) For a measure authorizing a renewal of current local
option taxes, 'CONTAINS VOTE ON RENEWAL OF CURRENT LOCAL OPTION
TAXES.' - }
{ - (2) If a ballot contains a measure authorizing the
imposition of local option taxes and a measure authorizing the
renewal of a current local option tax, the front of the outer
envelope in which the ballot is delivered shall state, clearly
and boldly printed in red, 'CONTAINS VOTE ON PROPOSED TAX
INCREASE.' - }
SECTION 58. ORS 251.175 is amended to read:
251.175. (1) Except as provided in subsection (2) of this
section, not later than the 20th day before a primary election,
general election or special election for which a voters' pamphlet
has been prepared, the Secretary of State shall cause the voters'
pamphlet to be mailed to each post-office mailing address in
Oregon, and shall use any additional means of distribution
necessary to make the pamphlet available to electors.
(2) For any special election described in ORS 251.022 that is
not held statewide, or for any other state special election that
is not held statewide, the Secretary of State by rule may
prescribe methods for distributing the voters' pamphlet prepared
for the election. The rule shall require the secretary to mail
the pamphlet to at least each elector whose registration is
determined to be active on the 21st day before the date of the
election and who is eligible to vote in the election. The rule
may specify other methods of distribution. { - Voters'
pamphlets prepared for the election shall be mailed not later
than the date ballots are mailed to electors as provided in ORS
254.470. - }
SECTION 59. ORS 251.315 is amended to read:
251.315. (1) If a county produces a county voters' pamphlet,
the county voters' pamphlet shall include, when applicable, at
least the following information:
(a) Requirements for a citizen to qualify as an elector.
(b) Requirements for registration and updates of registration.
(c) Elector instructions, including the right of an elector to
request a second ballot if the first ballot is spoiled and the
right of an elector to seek assistance in marking the ballot.
{ + (d) A statement that the voters' pamphlet may be used to
assist electors at the polls. + }
{ - (d) - } { + (e) + } The hours { + that the county
elections office and other polling places are open + } { - and
locations of places designated under ORS 254.470 for deposit of
official ballots - } .
{ - (e) - } { + (f) + } Any portraits and statements
relating to candidates submitted in accordance with the
provisions of ORS 251.305 to 251.435.
{ - (f) - } { + (g) + } Any ballot titles, explanatory
statements and arguments submitted in accordance with the
provisions of ORS 251.305 to 251.435.
{ + (h) A sample ballot containing the names of candidates
for all offices appearing on the ballot, and the ballot titles of
all measures appearing on the ballot in the county.
(i) A list of polling places. + }
{ - (g) - } { + (j) + } Such other information as the
county clerk considers to be appropriate or necessary to inform
the voters.
(2) The county clerk shall mail or otherwise distribute the
county voters' pamphlet not later than { + the seventh day
before the election + } { - the last day for mailing ballots to
electors as provided in ORS 254.470 - } .
SECTION 60. ORS 253.005 is amended to read:
253.005. As used in this chapter:
(1) 'Clerk' means the county clerk.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(4) 'Absent elector' means a person to whom the county clerk
has issued a ballot prior to { + 8 p.m. the day of the
election + }
{ - the date that ballots are mailed to electors as provided in
ORS 254.470 (2)(a) or (b) - } .
SECTION 61. 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 initials of the clerk may be placed on each
ballot to identify it as an absentee ballot.
(3) The ballot stubs of each set of ballot forms containing the
same information may be numbered consecutively. + }
{ - (2) - } { + (4) + } The clerk is responsible for the
safekeeping and disposition of the ballots, and shall destroy all
unused ballots as soon as practicable after the election.
SECTION 61a. ORS 253.055 is amended to read:
253.055. (1) Absentee ballots may be the regular ballots used
at the election or special ballots and, except as provided in
{ - subsection (2) - } { + subsections (2) and (3) + } of
this section, shall be in substantially the same form as the
regular ballots used at the election.
(2) In counties in which voting machines are used, paper
ballots may be used as absentee ballots.
{ + (3) Ballot stubs are not required on absentee
ballots. + }
{ - (3) - } { + (4) + } The ballot delivered to each absent
elector shall contain the names and other information concerning
all candidates and the information concerning all measures for
which the absent elector is entitled to vote. In lieu of the
names and other information concerning candidates for precinct
committeeperson, blank spaces shall be provided on the ballot, in
which the absent elector may write the name of a candidate for
that office.
SECTION 62. ORS 253.135 is amended to read:
253.135. (1) An elector who, on the day of an election, will be
absent from the county in which the elector is registered may
vote at the elections office of any county clerk { + or at any
polling place in this state + }.
(2) An elector voting under this section shall complete and
sign a voter registration card.
{ + (3) The elector shall insert the ballot into a small
envelope provided by the election board and then shall insert the
small envelope into a larger envelope. The larger envelope shall
be deposited into the ballot box. + }
{ - (3) - } { + (4) + } A ballot cast under this section
shall be forwarded to the county clerk of the county in which the
elector resides not later than the eighth day after the election.
The ballot shall be counted in the county in which the elector
resides if the elector is qualified to vote in that county. A
vote shall be counted only if the elector is qualified to vote
for the particular office or on the measure.
{ - (4) - } { + (5) + } This section does not apply to
persons registered under ORS 247.410 and 247.420.
SECTION 63. ORS 253.690, as amended by section 5, chapter 9,
Oregon Laws 2010, is amended to read:
253.690. (1) A long term absent elector described in ORS
253.510 may cast a ballot using a facsimile machine as provided
in this section. { - Notwithstanding ORS 254.470 (8), - } A
ballot cast under this section shall be counted only if the
ballot:
(a) Is received in the office of the county clerk not later
than 8 p.m. on the day of the election;
(b) Is accompanied by a return identification envelope
containing the signature of the elector and a signed waiver
described in subsection (2) of this section; and
(c) The signature is verified as provided in subsection (3) of
this section.
(2) Each elector who casts a ballot under this section shall
complete and submit using a facsimile machine a waiver described
in this subsection. The elector shall attest to the information
supplied on the waiver by signing the completed waiver. The
Secretary of State by rule shall design the form of the waiver,
which shall include all of the following:
(a) Space for the elector to provide the elector's full name,
residence or mailing address, a phone or facsimile number where
the elector may be contacted and any other necessary information.
(b) A waiver in substantially the following form:
_________________________________________________________________
I, _____________, acknowledge that by casting my voted ballot
using a facsimile machine I have waived my right to a secret
ballot.
_________________________________________________________________
(c) A statement to notify the elector that the elector's ballot
will not be counted unless the elector has complied with the
provisions of this section.
(d) Space for the elector to provide the elector's signature to
attest to the information supplied.
(3) The county clerk shall verify the signature of each elector
on the return identification envelope transmitted by facsimile
machine under this section with the signature on the elector's
registration card, according to the procedure provided by rules
adopted by the Secretary of State.
(4) The Secretary of State shall adopt rules to administer this
section and to ensure the secrecy of ballots cast using a
facsimile machine to the greatest extent possible.
SECTION 64. ORS 253.700 is amended to read:
253.700. (1) The county clerk, { + a member of the election
board or special counting board, + }an elections official or any
elector shall challenge the absentee ballot of any person
offering to vote as an absent elector whom the clerk,
{ + member, + } official or elector knows or suspects not to be
qualified as an elector. The person's ballot may be challenged at
any time before the ballot is removed from its return envelope
for processing.
(2) A challenge to an absentee ballot of a person offering to
vote shall be made under oath or affirmation before the
clerk { + or a member of the election board or special counting
board + } and shall be in writing on a numbered challenge form.
The statement shall contain the name and residence address of the
challenger, the name of the person challenged and a statement of
the facts upon which the challenge is based. Any elections
official { + or member of the election board or special counting
board + } may administer the oath or affirmation required under
this subsection.
SECTION 65. ORS 254.005, as amended by section 3, chapter 18,
Oregon Laws 2010, is amended to read:
254.005. As used in this chapter:
(1) 'Ballot' means any material on which votes may be cast for
candidates or measures. { - In the case of a recall election, '
ballot' includes material posted in a voting compartment or
delivered to an elector by mail. - }
{ + (2) 'Ballot label' means the material containing the
names of candidates or the measures to be voted on. + }
{ - (2) - } { + (3) + } 'Chief elections officer' means
the:
(a) Secretary of State, regarding a candidate for a state
office or an office to be voted on in the state at large or in a
congressional district, or a measure to be voted on in the state
at large.
(b) County clerk, regarding a candidate for a county office, or
a measure to be voted on in a county only.
(c) City clerk, auditor or recorder, regarding a candidate for
a city office, or a measure to be voted on in a city only.
{ - (3) - } { + (4) + } 'County clerk' means the county
clerk or the county official in charge of elections.
{ - (4) - } { + (5) + } 'Elector' means an individual
qualified to vote under section 2, Article II, Oregon
Constitution.
{ - (5) - } { + (6) + } 'Major political party' means a
political party that has qualified as a major political party
under ORS 248.006.
{ - (6) - } { + (7) + } 'Measure' includes any of the
following submitted to the people for their approval or rejection
at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
{ - (7) - } { + (8) + } 'Minor political party' means a
political party that has qualified as a minor political party
under ORS 248.008.
{ - (8) - } { + (9) + } 'Nonpartisan office' means the
office of judge of the Supreme Court, Court of Appeals, circuit
court or the Oregon Tax Court, Superintendent of Public
Instruction, Commissioner of the Bureau of Labor and Industries,
any elected office of a metropolitan service district under ORS
chapter 268, justice of the peace, county clerk, county assessor,
county surveyor, county treasurer, county judge who exercises
judicial functions, sheriff, district attorney or any office
designated nonpartisan by a home rule charter.
{ - (9) - } { + (10) + } 'Prospective petition' means the
information, except signatures and other identification of
petition signers, required to be contained in a completed
petition.
{ - (10) - } { + (11) + } 'Regular district election' means
the election held each year for the purpose of electing members
of a district board as defined in ORS 255.005 (2).
{ - (11) - } { + (12) + } 'Vote tally system' means one or
more pieces of equipment necessary to examine and tally
automatically the marked { + or punched + }ballots.
{ - (12) - } { + (13) + } 'Voting machine' means { + :
(a) + } Any device that will record every vote cast on
candidates and measures and that will either internally or
externally total all votes cast on that device.
{ + (b) Any device into which a ballot may be inserted and
which is so designed and constructed that the vote for any
candidate or measure may be indicated by marking or punching the
ballot. + }
SECTION 66. ORS 254.035 is amended to read:
254.035. (1) It is the intention of the Legislative Assembly to
carry out the provisions of section 14a, Article II, Oregon
Constitution.
(2) All elections for city officers shall be held at the same
time and place as elections for state and county officers.
{ + The election boards for state and county elections shall be
the election boards for the city elections. + } Unless a city
charter or ordinance provides otherwise, the ballots { + and
ballot labels + } used for state and county elections, if the
county clerk considers it practicable, shall be arranged to
include city offices and measures.
SECTION 67. ORS 254.071 is amended to read:
254.071. Prior to each election, the county clerk shall make
every reasonable effort to acquaint electors with the ballot
format to be used in the election and the methods used to mark
{ + or punch + } ballots to cast a valid vote.
SECTION 68. ORS 254.074 is amended to read:
254.074. (1) Each county clerk shall file a county elections
security plan with the Secretary of State not later than:
(a) January 31 of each calendar year; and
(b) One business day after any revision is made to the county
elections security plan.
(2) A county elections security plan shall include, but is not
limited to:
(a) A written security agreement entered into with any vendor
handling ballots;
(b) Security procedures for transporting ballots;
(c) Security procedures at official places of deposit for
ballots;
(d) Security procedures for processing ballots;
(e) Security procedures governing election observers;
(f) Security procedures for ballots located in county elections
work areas, buildings and storage areas;
(g) Security procedures for vote tally systems, including
computer access to vote tally systems;
(h) Security procedures for scanning ballots into a vote tally
system before the date of the election, if applicable; and
(i) Post-election ballot security.
(3) A security plan developed and filed under this section is
confidential and not subject to disclosure under ORS 192.410 to
192.505.
{ - (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 this section. - }
SECTION 69. ORS 254.076 is amended to read:
254.076. The chief elections officer shall keep a register of
candidates for nomination at the primary election. The register,
if applicable, shall contain for each major political party:
(1) The title of each office for which the major political
party will nominate candidates at the primary election.
(2) The name and mailing address of each candidate for
nomination at the primary election.
(3) The name of the major political party with which the
candidate is registered as affiliated.
(4) The date of filing of the prospective petition for
nomination of the candidate.
(5) The date of filing of the completed petition for nomination
of the candidate, the number of valid signatures contained and
the number of signatures required.
(6) The date of filing of the declaration of candidacy of the
candidate.
(7) Such other information as may aid the chief elections
officer in arranging the official ballot { + or ballot label + }
for the primary election.
SECTION 70. ORS 254.115 is amended to read:
254.115. (1) The official primary election ballot { + or
ballot label + } shall be styled 'Official Primary Nominating
Ballot for the ___ Party.' and shall state:
(a) The name of the county for which it is intended.
(b) The date of the primary election.
(c) The names of all candidates for nomination at the primary
election whose nominating petitions or declarations of candidacy
have been made and filed, and who have not died, withdrawn or
become disqualified.
(d) The names of candidates for election as precinct
committeeperson.
(e) The names of candidates for the party nomination for
President of the United States who qualified for the ballot under
ORS 249.078.
{ + (2) The ballot shall also state the number or name of the
precinct for which it is intended. + }
{ - (2) - } { + (3) + } The primary election ballot may
include any city, county or nonpartisan office or the number,
ballot title and financial estimates under ORS 250.125 of any
measure.
{ - (3) - } { + (4) + } The ballot may not contain the name
of any person other than those referred to in subsections (1) and
{ - (2) - } { + (3) + } of this section. The name of each
candidate for whom a nominating petition or declaration of
candidacy has been filed shall be printed on the ballot in but
one place. In the event that two or more candidates for the same
nomination or office have the same or similar surnames, the
location of their places of residence shall be printed opposite
their names to distinguish one from another.
SECTION 71. ORS 254.125 is amended to read:
254.125. (1) The names of candidates for a nonpartisan office
at a nominating election held on the date of the primary election
shall be listed without political party designation on a
nominating ballot { + or ballot label + } under the title, and
department or position number if any, of the office.
(2) At the primary election or general election:
(a) The names of candidates who are opposed for nomination or
election to the Supreme Court, Court of Appeals, Oregon Tax Court
and circuit court shall be printed on the ballot before the names
of candidates for those offices who are unopposed; and
(b) The word 'incumbent' shall follow the name of each
candidate for the Supreme Court, Court of Appeals, Oregon Tax
Court or circuit court who is designated the incumbent by the
Secretary of State under ORS 254.085.
SECTION 72. ORS 254.135 is amended to read:
254.135. (1) The official general or special election ballot
{ + or ballot label + } shall be styled 'Official Ballot' and
shall state:
(a) The name of the county for which it is intended.
(b) The date of the election.
(c) The names of all candidates for offices to be filled at the
election whose nominations have been made and accepted and who
have not died, withdrawn or become disqualified. The ballot may
not contain the name of any other person.
(d) The number, ballot title and financial estimates under ORS
250.125 of any measure to be voted on at the election.
{ + (2) The ballot shall also state the number or name of the
precinct for which it is intended. + }
{ - (2) - } { + (3) + } The names of candidates for
President and Vice President of the United States shall be
printed in groups together, under their political party
designations. The names of the electors may not be printed on the
general election ballot. A vote for the candidates for President
and Vice President is a vote for the group of presidential
electors supporting those candidates and selected as provided by
law. The general election ballot shall state that electors of
President and Vice President are being elected and that a vote
for the candidates for President and Vice President shall be a
vote for the electors supporting those candidates.
{ - (3)(a) - } { + (4)(a) + } The name of each candidate
nominated shall be printed upon the ballot { + or ballot
label + } in but one place, without regard to how many times the
candidate may have been nominated. The name of a political
party, or names of political parties, shall be added opposite the
name of a candidate for other than nonpartisan office according
to the following rules:
(A) For a candidate not affiliated with a political party who
is nominated by a minor political party, the name of the minor
political party shall be added opposite the name of the
candidate;
(B) For a candidate not affiliated with a political party who
is nominated by more than one minor political party, the names of
not more than three minor political parties selected by the
candidate shall be added opposite the name of the candidate;
(C) For a candidate who is a member of a political party who is
nominated by a political party of which the candidate is not a
member, the name of the political party that nominated the
candidate shall be added opposite the name of the candidate;
(D) For a candidate who is a member of a political party who is
nominated by more than one political party of which the candidate
is not a member, the names of not more than three political
parties selected by the candidate shall be added opposite the
name of the candidate;
(E) For a candidate who is nominated only by a political party
of which the candidate is a member, the name of the political
party of which the candidate is a member shall be added opposite
the name of the candidate; and
(F) For a candidate who is nominated by a political party of
which the candidate is a member and by any political party or
parties of which the candidate is not a member, the name of the
political party of which the candidate is a member and the names
of not more than two other political parties selected by the
candidate shall be added opposite the name of the candidate.
(b) If a candidate is required to select the name of a
political party to be added on the ballot under paragraph (a) of
this subsection, the candidate shall notify the filing officer of
the selection not later than the 61st day before the day of the
election.
(c) The word 'incumbent' shall follow the name of each
candidate for the Supreme Court, Court of Appeals, Oregon Tax
Court or circuit court who is designated the incumbent by the
Secretary of State under ORS 254.085.
(d) The word 'nonaffiliated' shall follow the name of each
candidate who is not affiliated with a political party and who is
nominated by an assembly of electors or individual electors.
(e) If two or more candidates for the same office have the same
or similar surnames, the location of their places of residence
shall be printed opposite their names to distinguish one from
another.
SECTION 73. ORS 254.145 is amended to read:
254.145. (1)(a) Except as provided in paragraph (b) of this
subsection, the names of candidates for nomination for or
election to each office shall be arranged on the ballot { + or
ballot label + } in the order determined under ORS 254.155.
(b) The names of candidates for the offices of President and
Vice President of the United States shall be arranged in groups.
(2) Except as provided in ORS 254.125 and 254.135 and this
section, no information about the candidate, including any title
or designation, other than the candidate's name, may appear on
the ballot.
(3) Spaces shall be provided for any offices appearing on the
ballot in which the elector may write the name of any person not
printed on the ballot. If a voting machine is used, spaces shall
be provided on the ballot, or on separate material delivered to
the elector with the ballot, in which the elector may write or
enter the names of persons for any offices appearing on the
ballot.
(4) On the left margin of the ballot { + or ballot label + },
the name of each group or candidate may be numbered. The blank
spaces may not be numbered. A particular number may not be used
to designate more than one candidate at any election.
(5) The names of all candidates for the same office shall be
listed in the same column on the ballot { + or ballot label + }.
If more than one column is needed to list names of all candidates
for that office, the names may be arranged in one or more columns
in block form. The block shall be set apart by rulings under the
title of the office. If a blank space follows the list of
candidates, the space shall be in the same column as the names of
candidates for that office. If blocks of columns are used, blank
spaces shall be included within the ruled block.
(6) { - The ballot - } { + In precincts using voting
machines, the ballot label + } shall be clearly marked to
indicate when names of candidates for the office are continued on
the following page.
(7) When a measure is submitted to the people, the number,
ballot title and financial estimates under ORS 250.125 of each
measure shall be printed after the list of candidates. A measure
referred by the Legislative Assembly shall be designated '
Referred to the People by the Legislative Assembly.' A state
measure referred by petition shall be designated 'Referendum
Order by Petition of the People.' A state measure proposed by
initiative petition shall be designated 'Proposed by Initiative
Petition. '
(8) The ballot shall be printed to give the elector a clear
opportunity to designate the elector's choice for candidates and
approval or rejection of measures submitted. If a voting machine
is not used, the elector shall indicate a preference by making a
cross or check mark inside a voting square corresponding to the
candidate or answer for which the elector wishes to vote. A
voting square may be printed on the blank, write-in vote spaces.
However, the elector is not required to place a mark in the
voting square corresponding to a name written in a blank space.
Words shall be printed on the ballot { + or ballot label + } to
aid the elector, such as ' Vote for one,' 'Vote for three,' and
regarding measures, ' Yes' and 'No. '
{ + (9) Each official ballot shall have a removable stub. The
stub on the ballots for a precinct shall be numbered
consecutively. + }
SECTION 74. ORS 254.155 is amended to read:
254.155. (1) Not later than the 69th day before the date of any
election the Secretary of State shall complete a random ordering
of the letters of the alphabet.
(2) Not later than the 68th day before the date of any election
the Secretary of State shall mail or deliver to each county clerk
a copy of the random ordering of the letters of the alphabet.
(3) The county clerk shall arrange by surname the names of the
candidates on the ballot { + or ballot label + } in the random
order of the letters of the alphabet completed by the Secretary
of State under subsection (1) of this section.
SECTION 75. ORS 254.165 is amended to read:
254.165. (1) If the filing officer determines that a candidate
has died, withdrawn or become disqualified, or that the candidate
will not qualify in time for the office if elected, the name of
the candidate may not be printed on the ballots { + or ballot
labels + } or, if they have already been printed, shall be erased
or canceled before the ballots are delivered to the electors. The
name of a candidate nominated to fill a vacancy in nomination or
office shall be printed on the ballots { + or ballot labels + }
or, if they have already been printed, the county clerk shall
cause the name to appear on the ballots { + or ballot labels + }
before the ballots are delivered to the electors. A filing
officer, other than the Secretary of State, shall notify the
Secretary of State of any action taken under this section.
(2) Subsection (1) of this section does not apply if the filing
officer makes the determination under subsection (1) of this
section on or after the 47th day before the date of the election.
(3) As used in this section:
(a) 'District' means a district defined in ORS 255.012.
(b) 'Filing officer' means the:
(A) Secretary of State, regarding a candidate for a state
office or an office to be voted on in the state at large or in a
congressional district.
(B) County clerk, regarding a candidate for a county office.
(C) County clerk of the county in which the administrative
office of the district is located, regarding a candidate for a
district office to be voted on in a district located in more than
one county.
(D) County clerk, regarding a candidate for a district office
to be voted on in a district situated wholly within the county.
(E) City clerk, auditor or recorder, regarding a candidate for
a city office.
SECTION 76. ORS 254.175 is amended to read:
254.175. (1) In lieu of printing the complete ballot title of
any measure, other than a state measure, the county clerk may
print the caption and the question of the ballot title and the
measure number on the ballot { + or ballot label + }. { + If
the complete ballot title is omitted from the ballots or ballot
labels, the complete ballot title shall be printed in 14-point
type or larger and posted in each voting compartment within view
of the elector. + }
(2) In lieu of printing the complete ballot title and financial
estimates of any state measure to be initiated or referred, the
county clerk may print the caption of the ballot title, the
statements described in ORS 250.035 (2)(b) and (c) and the
measure number on the ballot { + or ballot label + }. { + If
the complete ballot title and financial statements are omitted
from the ballots or ballot labels, they shall be printed in
14-point type or larger and posted in each voting compartment
within view of the elector. + }
{ - (3) In the case of a recall election, the following shall
be printed on the ballot: - }
{ - (a) The statements described in section 18, Article II of
the Oregon Constitution, and ORS 249.877; and - }
{ - (b) The question 'Do you vote to recall ____ from the
office of ____?', with the name of the person against whom a
recall petition has been filed printed in the first blank space
and the public office held by the person printed in the second
blank space. - }
{ + (3) In the case of a recall election:
(a) The statements described in section 18, Article II of the
Oregon Constitution, and ORS 249.877 may be posted in each voting
compartment within view of the elector; and
(b) The question shall appear on the ballot, 'Do you vote to
recall _____ from the office of _____?', with the name of the
person against whom a recall petition has been filed printed in
the first blank space and the public office held by the person
printed in the second blank space. + }
(4) The complete text of each ballot title and any financial
estimates shall be included with { - each - } { + any
absentee + } official ballot.
{ + (5) Sample ballots and the publication of any facsimile
sample ballots shall include the full text of the ballot title
and any financial estimates. + }
SECTION 77. ORS 254.185 is amended to read:
254.185. The county clerk shall print or furnish all the
required ballots { + and ballot labels + } and shall provide
them for use by electors in the county. Only ballots { + and
ballot labels + } printed or furnished under this section may be
used in an election.
SECTION 78. ORS 254.195 is amended to read:
254.195. (1) Official ballots { + and ballot labels + } shall
be printed in black ink upon good quality material. The primary
election ballots { + or ballot labels + } shall be of different
colors for the major political parties.
{ + (2) Sample ballots shall be prepared for the information
of the elector. The sample ballot shall contain the offices,
candidates, measures and other information on the ballots or
ballot labels of the precincts for which the sample ballot is
issued. The sample ballot need not contain the office of, or
candidates for, precinct committeeperson. The sample ballots
shall be identified as such, and printed on cheaper, colored
paper to distinguish them from official ballots. A sample ballot
may not be voted or counted. + }
{ - (2) - } { + (3) + } The governing body of a city,
county or district may mail sample ballots to all electors within
the city, county or district to assist the electors' preparation
for voting.
SECTION 79. ORS 254.235 is amended to read:
254.235. (1) Not later than seven days before an election in
which voting machines or vote tally systems are used, the county
clerk shall:
(a) Conduct a preparatory test of the machine and system for
logic and accuracy to ensure that each ballot format, where
appropriate, correctly tallies ballots in each electoral contest
by precinct; and
(b) Conduct a public certification test for the vote tally
system using a selection of precincts, ballot formats and
electoral districts from the preparatory test conducted under
this subsection.
(2) Prior to the public certification test under subsection
(1)(b) of this section, the county clerk shall mail to each
affiliate of a major or minor political party within the county
that has notified the clerk that notice is desired, a notice of
the time and place where the vote tally system will be publicly
tested. One representative of each party is entitled to be
present to ensure that the testing is done properly. In
nonpartisan elections each candidate may designate one
representative who has the same powers as the political party
representatives. The party and candidate representatives shall
certify that they have witnessed the testing. The certificates
shall be filed with the county clerk.
{ + (3) In an election where voting machines are used, the
count clerk shall prepare a certificate that the ballot labels
have been properly placed in the machine. + }
SECTION 80. ORS 254.321 is amended to read:
254.321. At any election in which the question of establishing
or changing the exterior boundaries of a county or city is
submitted to a vote, the county clerk shall:
{ + (1) Post in each voting compartment a map indicating the
proposed boundaries; + }
{ - (1) - } { + (2) + } Include with every mailed ballot a
map indicating the proposed boundaries; or
{ - (2) - } { + (3) + } Print in a voters' pamphlet
prepared for the election a map indicating the proposed
boundaries.
SECTION 81. ORS 254.365 is amended to read:
254.365. (1) An elector is not qualified or permitted to vote
at any primary election for any candidate of a major political
party, and it is unlawful for the elector to offer to do so,
unless:
(a) The elector is registered as being affiliated with one of
the major political parties nominating or electing its candidates
for public office at the primary election; or
(b) The elector is registered as not being affiliated with any
political party and wishes to vote in the primary election of a
major political party that has provided under subsection (3) of
this section for a primary election that admits electors not
affiliated with any political party.
(2) { - Except as provided in ORS 254.470 (3), - } Any
elector offering to vote at the primary election shall be given a
ballot of the major political party with which the elector is
registered as being affiliated. The elector may not be given a
ballot of any other political party at that primary election. An
elector not affiliated with any political party and offering to
vote at the primary election shall be given the ballot of the
major political party in whose primary election the elector
wishes to vote if that party has provided under subsection (3) of
this section for a primary election that admits electors not
affiliated with any political party. An elector not affiliated
with any political party who is given a ballot of the major
political party associates with the party for the purpose of
voting in that primary election.
(3)(a) Not later than the 90th day before the date of the
primary election, a major political party may file with the
Secretary of State a certified copy of the current party rule
allowing an elector not affiliated with any political party to
vote in the party's primary election. The party may not repeal
the rule as filed during the 90 days before the primary election.
The rule shall continue to be effective after the date of the
primary election until the party gives written notice to the
Secretary of State that the rule has been repealed. Except as
provided in paragraph (b) of this subsection, a party rule under
this subsection may limit the candidates for whom an elector who
is not affiliated with any political party may vote.
(b) The party rule shall allow any elector who is permitted to
vote for the most numerous branch of the Legislative Assembly
also to vote in federal legislative elections, consistent with
section 2, Article I, and the Seventeenth Amendment to the United
States Constitution.
(4) If the primary election ballot includes city, county or
nonpartisan offices or measures, and it is given to an elector
who is not eligible to vote for party candidates, the ballot
shall be marked 'non-affiliated. '
SECTION 82. ORS 254.408 is amended to read:
254.408. (1) A person offering to vote and who claims to be an
elector, but for whom no evidence of active or inactive
registration can be found, shall be granted the right to vote in
the manner provided in this section.
{ - (2) Whenever an elector updates a registration at a
county clerk's office after the ballots have been mailed under
ORS 254.470, the elector shall vote in that election in the
manner provided in this section. - }
{ + (2) Whenever an elector updates a registration at a
polling place on the date of the election, the elector shall vote
in that election in the manner provided in this section. + }
(3) An elector voting under this section shall complete and
sign a registration card.
(4) The elector shall insert the ballot into a small envelope
provided by the { - county clerk - } { + election board + }
and then insert the small envelope into a larger envelope. The
larger envelope shall be { - delivered to the county clerk
and - } { + deposited in the ballot box. When the ballot box is
opened, the larger envelopes + }shall be segregated and not
counted until the registration of the elector is verified under
this section.
(5) The county clerk shall determine if the elector is validly
registered to vote and if the vote was properly cast. The ballot
shall be counted only if the county clerk determines the
registration of the elector is considered active or inactive.
(6) A vote shall be counted only if the elector is qualified to
vote for the particular office or on the measure.
SECTION 83. ORS 254.411 is amended to read:
254.411. (1) Any elector whose name has been changed may vote
once in the { - county - } { + precinct + } in which the
elector is registered under the elector's former name.
{ + (2) The election board clerk shall enter into the poll
book the fact that the elector's name has changed. + }
{ - (2) - } { + (3) + } Following the election, the
registration of the elector shall be considered inactive.
{ - (3) - } { + (4) + } In order to vote at subsequent
elections the elector whose name has changed must update the
elector's registration.
SECTION 84. ORS 254.415 is amended to read:
254.415. (1) The county clerk, { + a member of an election
board, + } an elections official or any elector shall challenge
the ballot of any person offering to vote whom the clerk, { +
member, + } official or elector knows or suspects not to be
qualified as an elector.
(2) The clerk, { + member, + } official or elector challenging
the ballot shall make, under oath or affirmation before a county
clerk { + , member of an election board + } or other elections
official, a written and numbered statement of challenge. The
statement shall contain the name and residence address of the
challenger, the name of the person challenged and a statement of
the facts upon which the challenge is based.
{ - (3) A person's ballot may be challenged at any time
before the ballot is removed from its return envelope for
processing. - }
SECTION 85. ORS 254.445 is amended to read:
254.445. (1) If an elector is within the county and, because of
a physical disability or an inability to read or write, is unable
to mark { + or punch + } the ballot, the elector may request and
shall receive the assistance of two persons of different parties
provided by the clerk or of some other person chosen by the
elector in marking { + or punching + } the ballot. The persons
assisting the elector shall ascertain the wishes of the elector
and assist the elector in voting the ballot accordingly, and
thereafter may give no information regarding the vote.
(2) A person may not assist an elector under subsection (1) of
this section if the person:
(a) Is an employer of the elector or an agent of the employer;
or
(b) Is an officer or agent of the union of which the elector is
a member.
{ + (3) The election board chairperson may require a
declaration of disability to be made by the elector under oath.
Whenever an elector receives assistance in this manner, a clerk
shall make a notation of it in the poll book following the name
of the elector.
(4) When any elector, because of a physical disability or an
inability to read or write, is unable to sign the poll book, a
clerk, under supervision of the chairperson, shall enter the
words ' unable to sign' in the place provided for the elector's
signature. + }
{ - (3) - } { + (5) + } In preparing the ballot, an elector
may use or copy a sample ballot, which may be marked in advance
to assist the elector in marking { + or punching + } the
official ballot.
SECTION 85a. ORS 254.458 is amended to read:
254.458. Notwithstanding any provision of { - ORS 254.470 - }
{ + section 37 of this 2011 Act + }:
(1) A county clerk may apply to the Secretary of State for
approval of any procedure to be used in lieu of the envelope
procedures described in { - ORS 254.470 - } { + section 37 of
this 2011 Act + }; and
(2) Upon receiving an application under subsection (1) of this
section, the secretary may approve a procedure to be used in lieu
of the envelope procedures described in { - ORS 254.470 - }
{ + section 37 of this 2011 Act + } if the secretary determines
that the procedure will provide substantially the same degree of
secrecy as { - ORS 254.470 - } { + section 37 of this 2011
Act + }.
SECTION 86. ORS 254.483 is amended to read:
254.483. Immediately after 8 p.m. on the day of an election:
{ + (1) The names of electors who voted shall be counted and
the number written in the poll book.
(2) If the election board has unused ballots in its custody
that can be used for another election:
(a) The board, by an examination of the poll book, shall
determine the number of ballots voted and the number of ballots
spoiled. These totals shall be written in the poll book; and
(b) The board shall count the unused ballots in its custody and
shall write this number in the poll book.
(3) The election board shall destroy all unused ballots that
are printed or identified for a particular election.
(4) The board chairperson and clerks shall certify the
accounting as written in the poll book by signing the poll book.
(5) At a polling place in which ballot labels are used, the
election board shall seal the ballot labels closed. + }
{ - (1) - } { + (6) + } The county clerk shall destroy all
unused absentee and regular ballots in the county clerk's
possession.
{ - (2) - } { + (7) + } Each county shall provide for the
security of, and shall account for, unused ballots.
SECTION 87. ORS 254.495 is amended to read:
254.495. (1) { + The election board, + } to tally ballots by
hand,
{ - the counting board - } shall use the tally sheets and two
copies of the return sheet.
(2) The completed tally and return sheets shall contain:
(a) The offices on the ballot;
(b) The number and name of each candidate who received a vote;
(c) The total number of votes cast for each candidate and each
measure voted upon; and
(d) The total number of votes cast for and against the measure.
(3) The tally and return sheets, when completed, shall be
certified correct by the { - counting - } { + election + }
board that kept them.
SECTION 88. ORS 254.505 is amended to read:
254.505. (1) Only official ballots may be counted. Any vote
from which it is impossible to determine the elector's choice for
the office or measure may not be counted. An elector may not
place on the ballot a sticker bearing the name of a person or use
any other method or device, except writing or using a voting
machine, to vote for a person whose name is not printed on the
ballot. Any ballot that has a sticker or other device is void and
may not be counted. Counting board clerks shall disregard
misspelling or abbreviations of the names of candidates if it can
be ascertained from the ballot for whom the vote was intended.
(2) When ballots are counted by counting boards, the board
chairperson, using ink, immediately shall initial the back of the
wholly or partially void ballot and write on it 'Not counted
for ____ ' (stating the office or measure). The
{ - counting - } { + election + } board shall seal the wholly
void ballots in an envelope.
SECTION 89. ORS 254.525 is amended to read:
254.525. { + (1) Immediately after the tally of votes:
(a) The board chairperson shall count the regular and absentee
ballots either tallied or rejected, and write the number in the
poll book. The number shall be certified as correct by board
members.
(b) If all votes cast at the polling place are tallied there,
the election board shall post one copy of the return sheet in a
prominent location outside the polling place.
(c) The election board shall deliver under seal to the county
clerk one copy of the return sheet, the tally sheet, ballots,
ballot boxes, ballot stubs and written challenge statements. The
board also shall deliver the other equipment to the county clerk.
(2) + } If a vote tally system is used, the county clerk shall
repeat the public certification test described under ORS 254.235
(1) for the vote tally system used to conduct the election. The
test shall be conducted after all the ballots are tallied but
before the final results of the election are certified or before
the vote tally system is shut down. The test may be observed by
persons described in ORS 254.235 (2). The county clerk shall
certify the results of the test.
SECTION 90. ORS 254.535 is amended to read:
254.535. (1) Except as provided in subsection (3) of this
section, each { + poll book, + } tally sheet, return sheet and
ballot return identification envelope shall be preserved for two
years after the election to which it relates.
(2) Except as provided in subsection (3) of this section, the
county clerk shall destroy the ballots { + , ballot stubs + } and
written challenge statements not sooner than the 90th day after
the final day permitted for a contest of the election, unless
otherwise ordered by the court.
(3) In accordance with 42 U.S.C. 1974, any ballot, voter
registration records and any other materials relating to any
election at which a candidate is nominated or elected to federal
office shall be retained for not less than 22 months following
the date of the election.
SECTION 91. ORS 255.055 is amended to read:
255.055. The elections officer may delegate to the district
elections authority at the request of the district elections
authority any responsibility to conduct the district election, in
whole or in part, { + except the designation of polling
places, + } if the elections officer determines that:
(1) The election will be conducted in accordance with this
chapter; { - and - }
{ + (2) The polling places designated by the elections
officer for the election will be the only polling places used by
the district for that election; and + }
{ - (2) - } { + (3) + } No inconvenience for electors of
the district will result.
SECTION 92. ORS 255.215 is amended to read:
255.215. In lieu of or in addition to publication of notice
under ORS 255.085 { + or section 41 of this 2011 Act + }, if it
is expedient to do so the elections officer may give notice by
mail to each elector of the district. The notice shall have
postage prepaid and shall be considered given when mailed. Mailed
notice of a district election under ORS 255.085 shall be made not
later than three days after receipt of the ballot title. Proof of
mailing shall be by affidavit of the elections officer. The
affidavit shall state the time and place the notice was mailed.
SECTION 93. ORS 255.288 is amended to read:
255.288. At any election in which the question of establishing
or changing the exterior boundaries of a district or the question
of establishing or changing boundaries of electoral zones or
subdistricts within a district is submitted to a vote, the
elections officer shall provide a map indicating the proposed
boundaries. The elections officer shall provide the map by:
{ + (1) Posting the map in each voting compartment or by each
shelf or table, within view of the elector; or + }
{ - (1) - } { + (2) + } Printing the map in any voters'
pamphlet prepared for the district election { + and making the
voters' pamphlet available at each polling place. + } { - ;
or - }
{ - (2) Including the map with the ballot. - }
SECTION 94. ORS 260.665 is amended to read:
260.665. (1) As used in this section, 'undue influence ' means
force, violence, restraint or the threat of it, inflicting
injury, damage, harm, loss of employment or other loss or the
threat of it, or giving or promising to give money, employment or
other thing of value.
(2) A person, acting either alone or with or through any other
person, may not directly or indirectly subject any person to
undue influence with the intent to induce any person to:
(a) Register or vote;
(b) Refrain from registering or voting;
(c) Register or vote in any particular manner;
(d) Be or refrain from or cease being a candidate;
(e) Contribute or refrain from contributing to any candidate,
political party or political committee;
(f) Render or refrain from rendering services to any candidate,
political party or political committee;
(g) Challenge or refrain from challenging a person offering to
vote;
(h) Apply or refrain from applying for an absentee ballot; or
(i) Sign or refrain from signing a prospective petition or an
initiative, referendum, recall or candidate nominating petition.
(3) A person may not solicit or accept money or other thing of
value as an inducement to act as prohibited by subsection (2) of
this section.
(4) This section does not prohibit:
(a) The employment of persons to render services to candidates,
political parties or political committees;
(b) The public distribution by candidates, political parties or
political committees of sample ballots or other items readily
available to the public without charge, even though the
distributor incurs costs in the distribution;
(c) Public or nonpromissory statements by or on behalf of a
candidate of the candidate's intentions or purposes if elected;
(d) A promise by a candidate to employ any person as
administrative assistant, secretary or other direct personal
aide;
(e) Free custody and care of minor children of persons during
the time those persons are absent from those children for voting
purposes;
(f) For persons voting, free transportation to and from
{ - places designated for the deposit of ballots under ORS
254.470 or to and from locations described in ORS 254.472 or
254.474; - } { + polling places, + } but no means of
advertising, solicitation or inducement to influence the vote of
persons transported may be used with that transportation;
(g) Individuals or political committees from providing
refreshments incidental to a gathering in support of or in
opposition to a candidate, political committee or measure; or
(h) The public distribution of registration cards by a person
approved by the Secretary of State under ORS 247.171 to print,
copy or otherwise prepare and distribute registration cards, even
though the distributor incurs costs in the distribution.
SECTION 95. ORS 260.675 is amended to read:
260.675. (1) A person employed or authorized to print official
ballots { + or ballot labels + } may not give, deliver or
knowingly permit any of the ballots { + or ballot labels + } to
be taken by any person other than the official under whose
direction the ballots { + or ballot labels + } are printed.
(2) A person may not knowingly print, cause or permit to be
printed any ballot { + or ballot label + } in any other form,
with any other names, with names spelled or names of the
candidates arranged in any other way than that directed by the
official under whose direction the ballots { + or ballot
labels + } are printed.
(3) An official having the duty of distributing ballots { + or
ballot labels + }, and any persons acting for that official, may
not knowingly distribute or cause to be distributed any
ballots { + or ballot labels + } in any other manner than as
provided under the election laws.
SECTION 96. ORS 260.695, as amended by section 1, chapter 35,
Oregon Laws 2010, is amended to read:
260.695. (1)(a) If a person prints or circulates an imitation
of the ballot or sample ballot:
(A) The imitation ballot or sample ballot and the back of any
return envelope enclosed with the ballot or sample ballot shall
state the following: 'THIS IS NOT A REAL BALLOT. DO NOT USE TO
VOTE.' The statement on the imitation ballot or sample ballot
shall be in bold print that is at least two times as large as the
majority of the text on the ballot or sample ballot or 20-point
type, whichever is larger. The statement on the back of a return
envelope shall be in bold print that is at least 36-point type.
(B) The word 'UNOFFICIAL' must be superimposed on the imitation
ballot or sample ballot so that the word extends diagonally
across the ballot from one margin of the text to the other. The
superimposed word may be printed in lighter ink than other text
on the ballot or sample ballot.
(b) For purposes of this subsection, an imitation of the ballot
or sample ballot includes an imitation of a portion of the ballot
or sample ballot.
(2) A person may not do any electioneering, including
circulating any cards or handbills, or soliciting of signatures
to any petition, within any building in which { - any state or
local government elections office designated for the deposit of
ballots under ORS 254.470 - } { + a polling place + } is
located, or within 100 feet measured radially from any entrance
to the building. A person may not do any electioneering by public
address system located more than 100 feet from an entrance to the
building if the person is capable of being understood within 100
feet of the building. The electioneering need not relate to the
election being conducted.
{ - This subsection applies during the period beginning on the
date that ballots are mailed to electors as provided in ORS
254.470 and ending on election day at 8 p.m. or when all persons
waiting in line at the building who began the act of voting as
described in ORS 254.470 (10) by 8 p.m. have finished voting. - }
(3) { + A person may not obstruct an entrance to a building in
which a polling place is located. + } { - A person may not
obstruct an entrance of a building in which ballots are issued or
a place designated for the deposit of ballots under ORS 254.470
or any voting booth maintained under ORS 254.474 is located. This
subsection applies during the period beginning on the date that
ballots are mailed to electors as provided in ORS 254.470 and
ending on election day at 8 p.m. or when all persons waiting in
line at the building or location who began the act of voting as
described in ORS 254.470 (10) by 8 p.m. have finished voting. - }
(4) A person may not vote or offer to vote in any election
knowing the person is not entitled to vote.
(5) A person may not make a false statement about the person's
inability to mark { + or punch + } a ballot.
(6) A person, except an elections official in performance of
duties or another person providing assistance to an elector as
described in ORS 254.445, may not ask a person at any
{ + polling + } place { - designated for the deposit of
ballots under ORS 254.470 or at any location described in ORS
254.472 or 254.474 - } for whom that person intends to vote, or
examine or attempt to examine the person's ballot.
(7) A person may not show the person's own marked { + or
punched + } ballot to another person to reveal how it was
marked { + or punched + }.
(8) An elections official, other than in the performance of
duties, may not disclose to any person any information by which
it can be ascertained for whom any elector has voted.
(9) A person, except an elections official in performance of
duties, may not do anything to a ballot to permit identification
of the person who voted.
(10) An elector may not willfully leave at any { + polling + }
place
{ - designated for the deposit of ballots under ORS 254.470 or
at any location described in ORS 254.472 or 254.474 - } anything
that will show how the elector's ballot was marked { + or
punched + }.
{ - (11) A person, except an elections official in
performance of duties, may not remove a ballot from any place
designated for the deposit of ballots under ORS 254.470 or any
location described in ORS 254.472 or 254.474. - }
{ + (11) No person at a polling place, other than an
elections official in performance of duties, may deliver a ballot
to an elector. + }
(12) A person, except an elections official in performance of
duties or a person authorized by that official, may not willfully
deface, remove, alter or destroy a posted election notice.
(13) A person, except an elections official in performance of
duties, may not willfully remove, alter or destroy election
equipment or supplies, or break the seal or open any sealed
package containing election supplies.
{ + (14) An elector at a polling place may not knowingly
receive a ballot from any person other than an elections official
in performance of duties.
(15) An elector at a polling place may not deliver a ballot to
an elections official except the ballot the elector received from
an elections official. Nothing in this subsection prohibits a
person from delivering any absentee ballot or ballots to an
elections official.
(16) A person at a polling place, except an elections official,
may not receive from an elector other than an absent elector a
marked or punched ballot. + }
{ - (14) A person, except an elections official in
performance of duties, may not provide elections advice or
attempt to collect voted ballots within any building in which any
state or local government elections office designated for the
deposit of ballots under ORS 254.470 is located, or within 100
feet measured radially from any entrance to the building. - }
{ - (15) A person, except an elections official in
performance of duties, may not establish a location to collect
ballots voted by electors unless: - }
{ - (a) The person prominently displays at the location a
sign stating: 'NOT AN OFFICIAL BALLOT DROP SITE'; and - }
{ - (b) The sign is printed in all capital letters in bold
50-point type. - } { +
SECTION 97. ORS 260.715 is amended to read:
260.715. (1) A person may not knowingly make a false statement,
oath or affidavit when a statement, oath or affidavit is required
under the election laws.
(2) A person may not request a ballot in a name other than the
person's own name.
(3) A person may not vote or attempt to vote more than once at
any election held on the same date.
(4) A person may not vote or attempt to vote both in an
election held in this state and in another state on the same
date.
(5) A person, except an elections official in performance of
duties, may not willfully alter or destroy a ballot cast at an
election or the returns of an election.
(6) A person may not willfully place a fraudulent ballot among
the genuine ballots.
(7) A person may not falsely write anything purporting to be
written by an elections official or an election board member + }
in performance of duties on the ballot { + or ballot stub + }.
(8) A person may not commit theft of a ballot or tally or
return sheet, or willfully hinder or delay the delivery of the
tally or return sheet to the county clerk, or fraudulently break
open a sealed tally or return sheet of the election.
(9) A person may not manufacture or knowingly use a fraudulent
ballot return identification envelope or secrecy envelope or
sell, offer to sell, purchase or offer to purchase, for money or
other valuable consideration, any official ballot, replacement
ballot, ballot return identification envelope or secrecy
envelope. As used in this subsection, 'ballot return
identification envelope' and 'secrecy envelope' mean those
envelopes used to return ballots to the county clerk { + by
absent electors + }.
SECTION 97a. ORS 261.060 is amended to read:
261.060. Except as otherwise specifically provided in this
chapter, every district election shall be conducted in accordance
with ORS 255.005 to 255.035, 255.055, 255.075, 255.085, 255.215
to 255.288 and 255.295 to 255.345 { + and section 41 of this
2011 Act + }.
SECTION 98. ORS 476.330 is amended to read:
476.330. (1) The county court or board of county commissioners
of any county may prevent and control fire occurring within the
limits of zone 2 in such county, and may for such purposes
establish and maintain fire fighting and fire control facilities
and contract with existing fire control agencies, either
individuals, associations, corporations, cities or rural fire
protection districts. The State Fire Marshal, upon the request of
any county court or board of county commissioners, shall meet
with and advise such county court or board of county
commissioners as to the establishment and maintenance of fire
fighting and fire protection equipment and facilities.
(2) If the court or board establishes fire fighting and fire
protection equipment and facilities, it shall not discontinue
such equipment and facilities until at least three years after
notice of its intention to do so has been first published in a
newspaper considered by the board to be of general circulation in
the county. The notice shall be published by four insertions in
the newspaper and 12 months shall elapse between each insertion.
(3) While the county court or board of county commissioners of
any county is maintaining fire fighting and fire protection
equipment and facilities, the court or board annually shall levy
a tax upon the taxable property lying within zone 2 in the
county, not to exceed one-fourth of one percent (0.0025) of the
real market value of all taxable property within the zone,
computed in accordance with ORS 308.207, for the purpose of
furnishing such fire protection.
(4) The court or board of county commissioners, upon approval
of the majority of the electors of zone 2 voting at a special
election called for such a purpose, { + after notice as provided
by section 41 of this 2011 Act, + } may levy a special tax of not
to exceed one-fourth of one percent (0.0025) of the real market
value of all taxable property within the zone, computed in
accordance with ORS 308.207. This special levy may be in addition
to the regular levy under subsection (3) of this section.
(5) To carry into effect any of the powers granted under this
section, the court or board, when authorized by a majority of the
votes cast by the electors of the zone voting at an election
called for that purpose by the court or board, { + after notice
as provided by section 41 of this 2011 Act, + } may borrow money
and sell and dispose of general obligation bonds, which bonds
shall never in the aggregate exceed one and one-fourth of one
percent (0.0125) of the real market value of all taxable property
within the zone, computed in accordance with ORS 308.207.
(6) The tax limitations provided in subsections (3) and (4) of
this section do not apply to taxes levied to pay principal or
interest on outstanding bonds.
SECTION 99. { + ORS 247.307, 254.458, 254.470, 254.471,
254.472, 254.474, 254.478, 254.480 and 254.482 are repealed. + }
SECTION 100. { + (1) Nothing in this 2011 Act is intended to
affect any action, proceeding or prosecution begun before and
pending on January 1, 2012. The action, proceeding or prosecution
may be conducted and completed in the same manner and under the
same terms and conditions and with the same effect as though it
had been undertaken and completed before January 1, 2012.
(2) Nothing in this 2011 Act relieves a person of an obligation
with respect to a fine or other charge, penalty or other
liability, duty or obligation arising prior to January 1, 2012.
Collection and enforcement of any such fine, charge, penalty or
other liability, duty or obligation may be conducted and
completed in the same manner and under the same terms and
conditions and with the same effect as though it had been
undertaken and completed before January 1, 2012. + }
SECTION 101. { + Sections 2 to 43 of this 2011 Act, the
amendments to ORS 192.842, 195.210, 222.130, 246.012, 246.025,
246.160, 246.200, 246.250, 247.965, 249.078, 249.091, 250.037,
250.038, 251.175, 251.315, 253.005, 253.045, 253.055, 253.135,
253.690, 253.700, 254.005, 254.035, 254.071, 254.074, 254.076,
254.115, 254.125, 254.135, 254.145, 254.155, 254.165, 254.175,
254.185, 254.195, 254.235, 254.321, 254.365, 254.408, 254.411,
254.415, 254.445, 254.458, 254.465, 254.483, 254.495, 254.505,
254.525, 254.535, 255.055, 255.215, 255.288, 260.665, 260.675,
260.695, 260.715, 261.060, 370.031 and 476.330 by sections 1 and
44 to 98 of this 2011 Act and the repeal of ORS 247.307, 254.458,
254.470, 254.471, 254.472, 254.474, 254.478, 254.480 and 254.482
by section 99 of this 2011 Act become operative on January 1,
2012. + }
SECTION 102. { + The Secretary of State or any county clerk
may take any action before January 1, 2012, that is necessary to
enable the secretary or clerk to exercise, on and after January
1, 2012, all the duties, functions and powers conferred upon the
secretary or clerk by sections 2 to 43 of this 2011 Act, the
amendments to ORS 192.842, 195.210, 222.130, 246.012, 246.025,
246.160, 246.200, 246.250, 247.965, 249.078, 249.091, 250.037,
250.038, 251.175, 251.315, 253.005, 253.045, 253.055, 253.135,
253.690, 253.700, 254.005, 254.035, 254.071, 254.074, 254.076,
254.115, 254.125, 254.135, 254.145, 254.155, 254.165, 254.175,
254.185, 254.195, 254.235, 254.321, 254.365, 254.408, 254.411,
254.415, 254.445, 254.458, 254.465, 254.483, 254.495, 254.505,
254.525, 254.535, 255.055, 255.215, 255.288, 260.665, 260.675,
260.695, 260.715, 261.060, 370.031 and 476.330 by sections 1 and
44 to 98 of this 2011 Act and the repeal of ORS 247.307, 254.458,
254.470, 254.471, 254.472, 254.474, 254.478, 254.480 and 254.482
by section 99 of this 2011 Act. + }
SECTION 103. { + 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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