Bill Text: OR SB830 | 2011 | Regular Session | Introduced

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Bill Title: Relating to elections.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB830 Detail]

Download: Oregon-2011-SB830-Introduced.html

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     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 3161

                         Senate Bill 830

Sponsored by Senator FERRIOLI

                             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.

  Prohibits certain actions relating to ballots, ballot deposit
sites, voting machines and vote tally systems.
  Eliminates culpable mental state element in certain election
law violations.

                        A BILL FOR AN ACT
Relating to elections; creating new provisions; and amending ORS
  246.550, 247.171, 247.420, 247.940, 247.945, 254.470, 254.478,
  260.675, 260.695 and 260.715.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 246.550 is amended to read:
  246.550. (1) The Secretary of State shall publicly examine all
makes of voting machines or vote tally systems submitted to the
secretary and determine whether the machines or systems comply
with the requirements of ORS 246.560, and can safely be used by
electors.
  (2) Any person owning or interested in a voting machine or vote
tally system may submit it to the secretary for examination.  For
the purpose of assistance in examining the machine or system the
secretary may employ not more than three individuals who are
expert in one or more of the fields of data processing,
mechanical engineering and public administration. The
compensation of these assistants shall be paid by the person
submitting the machine or system.
  (3) Not later than the 30th day after completing the
examination, the secretary shall approve or reject the voting
machine or vote tally system. If the secretary approves the
machine or system, the secretary shall make a report on the
machine or system, together with a written or printed
description, drawings and photographs clearly identifying the
machine or system and its operation. Upon request, the secretary
shall send a copy of the report to any governing body within the
state.
  (4) Any voting machine or vote tally system approved by the
secretary may be used for conducting elections. A machine or
system rejected by the secretary may not be used at any election.
If a machine or system is changed after the machine or system has
been approved by the secretary, the secretary is not required to
reexamine or reapprove the machine or system if the secretary
determines that the change does not impair the accuracy,
efficiency or capacity of the machine or system.
  (5) If, after consulting with county clerks, the secretary
determines that a voting machine or vote tally system approved by
the secretary does not comply with the requirements of ORS
246.560, the secretary may revoke the approval. If the secretary
revokes approval, the machine or system may not be used in any
election.
   { +  (6) Care, service or maintenance of a voting machine or
vote tally system may not be performed by a person who is
affiliated with or a member of a political party. + }
  SECTION 2. ORS 247.171 is amended to read:
  247.171. (1) Except as provided in this subsection, the
Secretary of State shall design, prepare and distribute state
voter registration cards. The Secretary of State shall also
distribute federal registration cards. Any person may apply in
writing to the Secretary of State for permission to print, copy
or otherwise prepare and distribute the registration cards
designed by the Secretary of State. The secretary may revoke any
permission granted under this subsection at any time. All
registration cards shall be distributed to the public without
charge.
  (2) The Secretary of State shall approve any voter registration
application form developed for use by the Department of
Transportation under ORS 247.017 or by any other agency
designated a voter registration agency under ORS 247.208.
  (3) Each voter registration card designed or approved by the
Secretary of State shall describe the penalties for
 { - knowingly - } supplying false information on the
registration card and shall contain space for a person to provide
the following information:
  (a) Full name;
  (b) Residence address, mailing address or any other information
necessary to locate the residence of the person offering to
register to vote;
  (c) The name of the political party with which the person is
affiliated, if any;
  (d) Date of birth;
  (e) An indication that the person is a citizen of the United
States; and
  (f) A signature attesting to the fact that the person is
qualified to be an elector.
  (4) Any form containing a voter registration card may also
include space for a person to provide:
  (a) A telephone number where the person may be contacted; and
  (b) If previously registered to vote in this state, the name
then supplied by the person and the county and, if known, the
address of previous registration.
  (5) A person shall not supply any  { + false + } information
under subsection (3) or (4) of this section   { - knowing it to
be false - } .
  (6) A county clerk or other person accepting registration cards
shall not request any information unless it is authorized by
state or federal law.
  (7) A person shall attest to the information supplied on the
voter registration card by signing the completed registration
card.
  (8) Any completed and signed registration card described in
subsection (3) of this section shall be the official registration
card of the elector.
  SECTION 3. ORS 247.420 is amended to read:
  247.420. (1) A county clerk shall give a ballot marked '
Presidential only' to any person eligible under ORS 247.410 who
personally appears in the office of the county clerk, completes a
registration card and verifies eligibility to vote under ORS
247.410.

  (2)   { - No person shall - }  { +  A person may not + } supply
any  { + false + } information under subsection (1) of this
section  { - , knowing it to be false - } .
  SECTION 4. ORS 247.940 is amended to read:
  247.940. (1) { + (a) + } Not later than the 21st day before any
primary election, general election or special congressional
election, a major political party qualified under ORS 248.006 or
its affiliate within the county or a minor political party
qualified under ORS 248.008 may request from the county clerk a
list of active electors, as described in ORS 247.013, of the
county.
   { +  (b) + } Except as provided in this section, the list
shall contain the name, party affiliation, residence or mailing
address and precinct name or number of each active elector and
shall be arranged in groups by election precinct. The list may
not contain any information about participants in the Address
Confidentiality Program established under ORS 192.820 to 192.868.
   { +  (c) + } A major political party or its affiliate within
the county or a minor political party may make no more than two
separate requests under this subsection.
  (2) If the county clerk receives a request under subsection (1)
of this section, the clerk shall deliver the list not later than:
  (a) Ten days after receiving the request; or
  (b) The date requested, provided that the date requested is
more than 10 days after the request was made and at least 10 days
before the date of any primary election, general election or
special congressional election.
  (3) The county clerk may not charge for preparation or delivery
of the list supplied under this section.
   { +  (4) The county clerk may only distribute or otherwise
make available a list of electors that indicates whether an
elector cast a ballot in an election after 8 p.m. on the date of
the election. + }
  SECTION 5. ORS 247.945 is amended to read:
  247.945. (1) The county clerk, upon request before the 45th day
before a primary, general or special election, shall deliver to
any person a list of electors. The list may not contain any
information about participants in the Address Confidentiality
Program established under ORS 192.820 to 192.868. The lists shall
be prepared in the manner requested, limited only to the
capabilities of the Secretary of State or the county clerk.
  (2) The county clerk shall collect and pay into the county
treasury a charge for the actual cost of supplying lists under
subsection (1) of this section.
  (3) The county clerk shall keep a record of all persons to whom
a list of electors is delivered under this section.
  (4) Upon request, the Secretary of State shall deliver to any
person a statewide list of electors. The secretary shall charge a
fee of $500 for delivering a list under this subsection. The list
may not contain any information about participants in the Address
Confidentiality Program established under ORS 192.820 to 192.868.
   { +  (5) The Secretary of State or the county clerk may only
distribute or otherwise make available a list of electors that
indicates whether an elector cast a ballot in an election after 8
p.m. on the date of the election. + }
  SECTION 6. ORS 254.470 is amended to read:
  254.470. (1) { + (a) + } The Secretary of State by rule shall
establish requirements and criteria for the designation of places
of deposit for the ballots cast in an election. The rules shall
also specify the dates and times the places of deposit must be
open and the security requirements for the places of deposit.
   { +  (b) + } At a minimum, the places designated under this
section
  { - shall - }  { +  must + } be { + :
  (A) + } Open   { - on the date of the election - }  { +  each
day beginning 14 days before the date of the election and ending
the date of the election + } for a period of eight or more hours
 { - , but must be open - }  { +  per day and + } until at least
8 p.m. { +  on the date of the election. + }  { +
  (B) Located in an area that is accessible to the general public
and open to observers.
  (c) + } At each place of deposit designated under this section,
the county clerk shall prominently display a sign stating that
the location is an official ballot drop site.
  (2)(a) Except as provided in paragraphs (b) and (c) of this
subsection, the county clerk shall mail by nonforwardable mail an
official ballot with a return identification envelope and a
secrecy envelope not sooner than the 18th day before the date of
an election and not later than the 14th day before the date of
the election, to each active elector of the electoral district as
of the 21st day before the date of the election.
  (b) If the county clerk determines that an active elector of
the electoral district as of the 21st day before the date of the
election does not receive daily mail service from the United
States Postal Service, the county clerk shall mail by
nonforwardable mail an official ballot with a return
identification envelope and a secrecy envelope to the elector not
sooner than the 20th day before the date of an election and not
later than the 18th day before the date of the election.
  (c) In the case of ballots to be mailed to addresses outside
this state to electors who are not long-term absent electors, the
county clerk may mail the ballots not sooner than the 29th day
before the date of the election.
  (3) For an election held on the date of a primary election:
  (a) The county clerk shall mail the official ballot of a major
political party to each elector who is registered as being
affiliated with the major political party as of the 21st day
before the date of the election.
  (b) The county clerk shall mail the official ballot of a major
political party to an elector not affiliated with any political
party if the elector has applied for the ballot as provided in
this subsection and that party has provided under ORS 254.365 for
a primary election that admits electors not affiliated with any
political party.
  (c) An elector not affiliated with any political party who
wishes to vote in the primary election of a major political party
shall apply to the county clerk in writing. The application shall
indicate which major political party ballot the elector wishes to
receive. Except for electors described in subsection (4) of this
section, and subject to ORS 247.203, the application must be
received by the county clerk not later than 5 p.m. of the 21st
day before the date of the election.
  (d) If the primary election ballot includes city, county or
nonpartisan offices or measures, the county clerk shall mail to
each elector who is not eligible to vote for party candidates a
ballot limited to those offices and measures for which the
elector is eligible to vote.
  (4) For each elector who updates a voter registration after the
deadline in ORS 247.025, the county clerk shall make the official
ballot, the return identification envelope and the secrecy
envelope available either by mail or at the county clerk's office
or at another place designated by the county clerk. An elector to
whom this subsection applies must request a ballot from the
county clerk.
  (5) The ballot shall contain the following warning:
_________________________________________________________________

  Any person who, by use of force or other means, unduly
influences an elector to vote in any particular manner or to
refrain from voting is subject to a fine.
_________________________________________________________________

  (6) Upon receipt of any ballot described in this section, the
elector shall mark the ballot, sign the return identification
envelope supplied with the ballot and comply with the
instructions provided with the ballot. The elector may return the
marked ballot to the county clerk by United States mail or by
depositing the ballot at the office of the county clerk, at any
place of deposit designated by the county clerk or at any
location described in ORS 254.472 or 254.474. The ballot must be
returned in the return identification envelope. If the elector
returns the ballot by mail, the elector must provide the postage.
A ballot must be received at the office of the county clerk, at
the designated place of deposit or at any location described in
ORS 254.472 or 254.474 not later than the end of the period
determined under subsection (1) of this section on the date of
the election.
  (7) An elector may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost or not received by the elector.
Replacement ballots shall be issued and processed as described in
this section and ORS 254.480. The county clerk shall keep a
record of each replacement ballot provided under this subsection.
Notwithstanding any deadline for mailing ballots in subsection
(2) of this section, a replacement ballot may be mailed, made
available in the office of the county clerk or made available at
one central location in the electoral district in which the
election is conducted. The county clerk shall designate the
central location. A replacement ballot need not be mailed after
the fifth day before the date of the election.
  (8) A ballot shall be counted only if:
  (a) It is returned in the return identification envelope;
  (b) The envelope is signed by the elector to whom the ballot is
issued; and
  (c) The signature is verified as provided in subsection (9) of
this section.
  (9) The county clerk shall verify the signature of each elector
on the return identification envelope with the signature on the
elector's registration card, according to the procedure provided
by rules adopted by the Secretary of State.  { + The county clerk
may not observe any information indicating an elector's political
party affiliation while verifying signatures under this
subsection.
  (10) + } If the county clerk determines that an elector to whom
a replacement ballot has been issued has voted more than once,
the county clerk shall count only one ballot cast by that
elector.
    { - (10) - }  { +  (11) + } At 8 p.m. on election day,
electors who are at the county clerk's office, a place of deposit
designated under subsection (1) of this section or any location
described in ORS 254.472 or 254.474 and who are in line waiting
to vote or deposit a voted ballot shall be considered to have
begun the act of voting.
  SECTION 7. ORS 254.478 is amended to read:
  254.478. (1)   { - Subject to ORS 260.705 and - }  Not sooner
than
  { - the seventh day before - }  { +  8 p.m. on + } the date of
an election, the county clerk may:
  (a) Begin opening return identification and secrecy envelopes
of ballots delivered by mail and received by the county clerk;
and
  (b) In accordance with a security plan approved by the
Secretary of State under ORS 254.074, begin scanning ballots into
a vote tally system.
   { +  (2) The county clerk may not separate the return
identification or secrecy envelope of a ballot from the ballot
until immediately before the ballot is scanned into a vote tally
system. + }

    { - (2) - }  { +  (3) + } The county clerk may take any other
actions that are necessary to count ballots delivered by mail.
  SECTION 8.  { + Section 9 of this 2011 Act is added to and made
a part of ORS chapter 254. + }
  SECTION 9.  { + (1) In an election conducted by mail, a person,
except an elections official in performance of duties, may not
establish a place of deposit for ballots cast in the election.
  (2) Each place of deposit for ballots cast in an election
designated under ORS 254.470 shall be staffed by elections
officials during all hours that the place of deposit is open.
  (3) Elections officials shall count each ballot delivered to a
place of deposit designated under ORS 254.470 at the place of
deposit and shall count the ballots again when the ballots are
transferred from the place of deposit to the office of the county
clerk. + }
  SECTION 10. 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 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) - }  { +  (11) + } by 8 p.m. have finished voting.
  (3) 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) - }  { +  (11) + } 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 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 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 ballot to
another person to reveal how it was marked.
  (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 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.
  (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.
  (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) 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. - }
   { +  (15) A person may not handle the ballot of an elector
unless the person is an elections official or employee of the
United States Postal Service in performance of duties, or a
relative of the elector. + }
  SECTION 11. ORS 260.675 is amended to read:
  260.675. (1) A person employed or authorized to print official
ballots may not give, deliver or   { - knowingly - }  permit any
of the ballots to be taken by any person other than the official
under whose direction the ballots are printed.
  (2) A person may not   { - knowingly - }  print, cause or
permit to be printed any ballot 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 are printed.
  (3) An official having the duty of distributing ballots, and
any persons acting for that official, may not   { - knowingly - }
distribute or cause to be distributed any ballots in any other
manner than as provided under the election laws.
  SECTION 12. 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 in performance of duties on the
ballot.
  (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.
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