Bill Text: OR HB4174 | 2012 | Regular Session | Introduced

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Bill Title: Relating to ballots; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4174 Detail]

Download: Oregon-2012-HB4174-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 309

                         House Bill 4174

Sponsored by COMMITTEE ON RULES

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires elections officials to follow certain security
procedures relating to ballots.
  Modifies laws relating to ballots for absent electors.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to ballots; creating new provisions; amending ORS
  253.065, 253.070, 253.080, 253.515, 253.540, 253.550, 253.565,
  253.575, 253.585, 253.700, 253.710, 254.074, 254.483, 254.660
  and 260.665; repealing ORS 253.015, 253.030, 253.045, 253.055
  and 253.135; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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) The number and location of all video surveillance
cameras where ballots may be tallied; + }
    { - (h) - }  { +  (i) + } Security procedures for scanning
ballots into a vote tally system before the date of the election,
if applicable; and
    { - (i) - }   { + (j) + } Post-election ballot security.
   { +  (3) For each election, at the time the county clerk
proclaims the results of an election, the clerk shall submit to
the Secretary of State a record of:
  (a) The total number of ballots printed by the county.
  (b) The total number of ballots received by the county.
  (c) The number of ballots mailed to voters by a vendor.
  (d) The number of ballots issued to a person at the office of
the county clerk.
  (e) The number of ballots returned undeliverable.
  (f) The number of rejected ballot envelopes.
  (g) The number of tallied ballots.
  (h) The number of ballots used for duplication.
  (i) The number of test ballots.
  (j) The number of archived ballots. + }
    { - (3) - }  { +  (4) + } A  { + record or + } security plan
developed and filed under this section is confidential and not
subject to disclosure under ORS 192.410 to 192.505.
    { - (4) - }  { +  (5) + } 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 - }   { + described in
subsection (2) of + } this section.
  SECTION 2. ORS 254.483 is amended to read:
  254.483.   { - Immediately after 8 p.m. on the day of an
election: - }
    { - (1) The county clerk shall destroy all unused absentee
and regular ballots in the county clerk's possession. - }
    { - (2) Each county shall provide for the security of, and
shall account for, unused ballots. - }
   { +  (1) Each county clerk is responsible for the safekeeping
and disposition of ballots.
  (2) At the end of voting on the day of the election, the county
clerk shall:
  (a) For each duplicate ballot, mark the ballot as a duplicate
ballot.
  (b) For each unused ballot:
  (A) Mark the ballot as an unused ballot; or
  (B) Seal and secure the ballot.
  (3) As soon as practicable after the results of the election
are proclaimed, the county clerk shall destroy all unused
ballots. + }
  SECTION 3. ORS 253.065 is amended to read:
  253.065. (1) For electors with mailing addresses outside this
state, the county clerk shall deliver   { - an absentee - }  { +
a + } ballot:
  (a) Not later than the 45th day before the election to each
long term absent elector; and
  (b) Not sooner than the 29th day before the election to each
 { +  absent + } elector with a mailing address outside this
state who is not a long term absent elector.
    { - (2) For electors with mailing addresses in this state,
except if requested by the elector, absentee ballots delivered by
mail shall be delivered: - }
    { - (a) For primary elections and general elections, or any
statewide special election for which a voters' pamphlet is
prepared, not sooner than the date the Secretary of State first
mails the voters' pamphlet under ORS 251.175; or - }
    { - (b) In the case of an election for which a statewide
voters' pamphlet is not required to be prepared, not sooner than
the 20th day before the date of the election. - }
    { - (3) The ballot may be delivered to the absent elector in
the office of the clerk, by postage prepaid mail or by any other
appropriate means. - }
    { - (4) - }  { +  (2) + } The clerk shall deliver with the
ballot instructions for marking and returning the ballot, a
return identification envelope and a secrecy envelope. The back
of the envelope shall include a statement to be signed by the
absent elector, stating that the elector:
  (a) Is qualified to vote;
  (b) Unless prevented by physical disability, has personally
marked the ballot; and
  (c) Has not unnecessarily exhibited the marked ballot to any
other person.
    { - (5) Notwithstanding subsections (1) and (2) of this
section, if the county clerk receives an application for an
absentee ballot after the fifth day before an election, the
county clerk need not mail the ballot for that election but may
deliver the ballot by making it available in the office of the
clerk. - }
    { - (6) - }   { + (3) + } An { +  absent + } elector may
obtain a replacement ballot if the ballot  { + delivered under
this section + } is destroyed, spoiled, lost or not received by
the elector. The county clerk shall keep a record of each
replacement ballot provided under this subsection.
    { - (7) - }   { + (4) + } A replacement ballot { +  provided
under subsection (3) of this section + } may be mailed or shall
be made available in the office of the county clerk.
    { - (8) - }  { +  (5) + } If the county clerk determines that
an  { + absent + } elector to whom a replacement ballot has been
issued at the request of the elector has voted more than once,
the county clerk shall   { - not - }  count   { - any - }  { +
only the first + } ballot   { - cast by the elector - }  { +
received by the clerk and provide the elector's name to the
Secretary of State for further review + }. If the county clerk is
required to reissue ballots due to a change on the ballot for any
reason, that ballot shall be counted in lieu of any previous
ballot issued unless:
  (a) Only the original ballot was voted and returned; or
  (b) The county clerk issued a supplemental ballot that is not a
complete replacement of the original ballot.
  SECTION 4. ORS 253.070 is amended to read:
  253.070.   { - Upon receipt of a ballot the absent elector
shall mark it and comply with the instructions provided with the
ballot.  The absent elector may return the marked ballot to the
office of the clerk, by any appropriate means. The - }  { +
A + } ballot  { + from an absent elector + } must be received by
a county clerk not later than 8 p.m.  of the day of the election.
 { - If a county clerk receives a ballot for an elector who does
not reside in the clerk's county, the ballot shall be forwarded
to the county clerk of the county in which the elector resides
not later than the eighth day after the election. - }
  SECTION 5. ORS 253.080 is amended to read:
  253.080. (1) Upon receipt of an envelope containing a marked
  { - absentee - }  ballot { +  from an absent elector + }, the
clerk shall keep it safely in the office and, before delivering
the ballot for counting, shall compare the signature of the
absent elector
  { - which - }   { + that + } appears on the back of the
 { - absentee - }  ballot envelope with that upon the
 { - applicant's - }  { +  elector's + } registration card. If
the signatures appear to be the same, the { +  clerk shall mark
the + } envelope   { - shall be marked in order - }  to indicate
that the ballot may be counted.
  (2) Except as otherwise provided in this chapter,   { - the
absentee - }  ballots { +  for absent electors + } shall be
counted and returns shall be made, as nearly as possible, in the
same manner as for other ballots cast at the election.
  SECTION 6. ORS 253.515 is amended to read:
  253.515. Except as otherwise provided in ORS 253.500 to
253.640, procedures relating to long term absent electors'
ballots
  { - and special absentee ballots - }  shall be as nearly as
possible the same as   { - for other absentee ballots - }  { +
procedures for other absent electors' ballots + }.
  SECTION 7. ORS 253.540 is amended to read:
  253.540. (1) Any long term absent elector may secure   { - an
absentee - }   { + a + } ballot by submitting an application as
specified in subsection (2) of this section to the clerk of the
county of the long term absent elector's residence, or to the
Secretary of State. If the application is addressed to the
Secretary of State, the secretary shall forward it to the
appropriate county clerk.
  (2) An application for   { - an absentee - }  { +  a + } ballot
by a long term absent elector shall be made in the form of a
written request. The application shall be valid for every
subsequent election until the elector otherwise notifies the
clerk or is no longer an elector of the county. The application
shall be signed by the applicant and contain:
  (a) The name and current mailing address of the applicant;
  (b) A statement that the applicant is a citizen of the United
States;
  (c) A statement that the applicant will be 18 years of age or
older on the date of the election;
  (d) A statement that for more than 20 days preceding the
election the applicant's home residence has been in this state,
and giving the address of the last home residence;
  (e) A statement of the facts that qualify the applicant as a
long term absent elector or as the spouse or a dependent of a
long term absent elector;
  (f) A statement that the applicant is not requesting a ballot
from any other state and is not voting in any other manner in the
election except by the requested   { - absentee - }  ballot; and
  (g) If the applicant desires to vote in a primary election, a
designation of the applicant's political party affiliation or a
statement that the applicant is not affiliated with any political
party. An applicant not affiliated with any political party may
request a ballot for a major political party. The applicant shall
be sent the ballot for the political party that the applicant
requested if that political party has provided under ORS 254.365
for a primary election that admits electors not affiliated with
any political party.
  SECTION 8. ORS 253.550 is amended to read:
  253.550. Whenever provision is made for absentee voting by a
statute of the United States, including the Uniformed and
Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff (Public
Law 99-410), an application for   { - an absentee - }  { +  a + }
ballot made under that law may be given the same effect as an
application for   { - an absentee - }  { +  a + } ballot made
under ORS 253.500 to 253.640.
  SECTION 9. ORS 253.565 is amended to read:
  253.565. (1) Any long term absent elector may secure a special
 { - absentee - }  ballot for a primary election or general
election by making an application under this section if the
elector believes that:
  (a) The elector will be residing, stationed or working outside
the territorial limits of the United States and the District of
Columbia; and
  (b) The elector will be unable to vote and return a regular
  { - absentee - }  ballot by normal mail delivery within the
period provided for regular   { - absentee ballots - }  { +
absent electors + }.
  (2) A long term absent elector shall make the application for a
special   { - absentee - }  ballot in the form of a written
request. The elector shall submit the application before the date
of the applicable election to the clerk of the county of the long
term absent elector's residence or to the Secretary of State. If
the application is addressed to the Secretary of State, the
secretary shall forward it to the appropriate county clerk. The
application shall be signed by the applicant and contain:
  (a) The name and current mailing address of the applicant;
  (b) A designation of the election for which the applicant
requests a special   { - absentee - }  ballot;

  (c) A statement that the applicant is a citizen of the United
States;
  (d) A statement that the applicant will be 18 years of age or
older on the date of the election;
  (e) A statement that for more than 20 days preceding the
election the applicant's home residence has been in this state,
and giving the address of the last home residence;
  (f) A statement of the facts that qualify the applicant as a
long term absent elector or as the spouse or a dependent of a
long term absent elector;
  (g) A statement of the facts that qualify the applicant to vote
by means of a special   { - absentee - }  ballot;
  (h) A statement that the applicant is not requesting a ballot
from any other state and is not voting in any other manner in the
election except by the requested special   { - absentee - }
ballot; and
  (i) If the applicant requests a ballot for a primary election,
a designation of the applicant's political party affiliation or a
statement that the applicant is not affiliated with any political
party. An applicant not affiliated with any political party may
request a ballot for a major political party.  The applicant
shall be sent the ballot for the political party that the
applicant requested if that political party has provided under
ORS 254.365 for a primary election that admits electors not
affiliated with any political party.
  (3) An application for a special   { - absentee - }  ballot
shall be valid only for the election specified in the
application.
  (4) The county clerk shall list on the special
 { - absentee - } ballot the offices and measures scheduled to
appear on the regular ballot, if known when the ballot is
prepared, and provide space in which the elector may write in the
elector's preference.
  (5) The elector may write in the name of any eligible candidate
for each office to be filled or for which nominations will be
made at the election, and may vote on any measure submitted at
the election.
  SECTION 10. ORS 253.575 is amended to read:
  253.575. (1) Upon receipt of an application made under ORS
253.565, if the applicant's residence is in the county, the
county clerk, without regard to whether the applicant is an
elector of the county, shall mail to the applicant a special
 { - absentee - } ballot, instructions for filling in and
returning the ballot and an envelope to use for the return. The
name, official title and office address of the clerk shall appear
on the front of the envelope. On the back shall appear a
statement to be signed by the absent elector, stating that the
elector:
  (a) Is qualified to vote;
  (b) Unless prevented by physical disability, has personally
marked the ballot; and
  (c) Has not unnecessarily exhibited the marked ballot to any
other person.
  (2) The completed and signed application submitted under ORS
253.565 shall constitute a valid registration for the applicant.
  (3) If the county clerk receives an application for a special
  { - absentee - }  ballot on or after the 45th day before the
election specified in the application, the county clerk shall
treat the application as an application made under ORS 253.540.
  (4) A long term absent elector may obtain a replacement ballot
if the ballot is destroyed, spoiled, lost or not received by the
elector. The county clerk shall keep a record of each replacement
ballot provided under this subsection.
  (5) Notwithstanding subsection (3) of this section, a
replacement ballot may be mailed or shall be made available in
the office of the county clerk.
  (6) If the county clerk determines that a long term absent
elector to whom a replacement ballot has been issued at the
request of the elector has voted more than once, the county clerk
shall not count any ballot cast by the elector. If the county
clerk is required to reissue ballots due to a change on the
ballot for any reason, that ballot shall be counted in lieu of
any previous ballot issued unless:
  (a) Only the original ballot was voted and returned; or
  (b) The county clerk issued a supplemental ballot that is not a
complete replacement of the original ballot.
  SECTION 11. ORS 253.585 is amended to read:
  253.585. (1) The Secretary of State may receive ballots from
long term absent electors.
  (2) If the Secretary of State receives a ballot cast by a long
term absent elector, the Secretary of State shall deliver the
ballot to the county clerk or elections officer of the county in
which the elector who cast the ballot is registered.
  (3) A ballot received by the Secretary of State under this
section not later than 8 p.m. of the day of the election shall be
considered to have been received by the   { - 8 p.m. deadline
specified - }   { + county clerk as described + } in ORS 253.070.
  SECTION 12. ORS 253.700 is amended to read:
  253.700. (1) The county clerk, an elections official or any
elector shall challenge the   { - absentee - }  ballot of any
person offering to vote as an absent elector whom the clerk,
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 - }  { +  a + } ballot of
a person offering to vote shall be made under oath or affirmation
before the clerk 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 may administer the oath or affirmation
required under this subsection.
  SECTION 13. ORS 253.710 is amended to read:
  253.710.   { - No person shall - }  { +  A person may not + }
alter any information supplied on an application for   { - an
absentee - }  { +  a + } ballot  { +  for an absent elector + }
except:
  (1) An elections officer in the performance of official duties.
  (2)   { - The applicant - }  { +  The person who supplies the
information on the application for a ballot for the purpose of
voting as an absent elector + }.
  SECTION 14. ORS 254.660 is amended to read:
  254.660. (1) Notwithstanding ORS   { - 253.045 and - }
253.065, for a special election called under ORS 254.655,
 { - long-term absentee - } ballots shall be mailed { +  to long
term absent electors + } not later than the 30th day before the
date of the election. County clerks shall make   { - other
absentee - }  ballots available  { + to other absent electors + }
not later than the 28th day before the date of the special
election.
  (2) Notwithstanding ORS 254.545, not later than 5 p.m. of the
third day after the date of the special election, the county
clerk shall deliver to the Secretary of State a copy of the
abstracts for the offices voted upon at the special election. The
abstract for election of Governor shall be delivered separately
to the secretary as provided in section 4, Article V of the
Oregon Constitution.
  (3)   { - Notwithstanding ORS 253.135, - }  Not later than 5
p.m. of the first day after the date of the special election, a
county clerk who received a ballot originating in another county
shall forward the ballot by overnight mail or delivery or by the

most expeditious means available to the county clerk of the
county from which the ballot originated.
  (4) Notwithstanding ORS 254.555, not later than 5 p.m. of the
fourth business day after the date of the special election, the
Secretary of State shall issue a proclamation declaring the
election of candidates to offices or shall order recounts of the
votes cast as provided in ORS 258.280.
  (5)(a) Notwithstanding ORS 258.161, a recount may not be
conducted for any special election under this section unless the
recount is required by ORS 258.280.
  (b) If a recount for any special election is required by ORS
258.280, the Secretary of State shall complete the recount as
expeditiously as possible to minimize disruption to the sessions
of the Legislative Assembly and shall issue a proclamation
declaring the election of a candidate to office upon completion
of the recount.
  (6) The cost of all special elections called under ORS 254.655
shall be paid by the state.
  (7) The ballot at a special election described in this section
may not contain:
  (a) Any measure; or
  (b) Any candidate other than those candidates for which a
special election is necessary.
  (8) If there is a vacancy in the nomination of a candidate at a
special election called under ORS 254.655, the vacancy in the
nomination shall be filled in the manner provided in ORS chapter
249 and the special election shall be held as scheduled.
  (9) When the office of state Senator or state Representative is
vacant at the beginning of a session of the Legislative Assembly
due to a special election called under ORS 254.655, the vacancy
may not be filled as provided in ORS 171.051 unless, before
entering upon the duties of the office to which the person was
elected, the person elected at the special election dies, resigns
or is declared disqualified by the house to which the person was
elected.
  (10) The Secretary of State may adopt rules governing the
procedures for conducting a special election required by ORS
254.650.
  SECTION 15. 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 - }  { +  a ballot as an absent elector + }; 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; 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 16.  { + ORS 253.015, 253.030, 253.045, 253.055 and
253.135 are repealed. + }
  SECTION 17.  { + The amendments to ORS 253.065, 253.070,
253.080, 253.515, 253.540, 253.550, 253.565, 253.575, 253.585,
253.700, 253.710, 254.074, 254.483, 254.660 and 260.665 by
sections 1 to 15 of this 2012 Act and the repeal of ORS 253.015,
253.030, 253.045, 253.055 and 253.135 by section 16 of this 2012
Act apply to ballots for elections held on or after the effective
date of this 2012 Act. + }
  SECTION 18.  { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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