Bill Text: OR SB831 | 2011 | Regular Session | Introduced

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Bill Title: Relating to ballot counting.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB831 Detail]

Download: Oregon-2011-SB831-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 3169

                         Senate Bill 831

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 county clerk from observing information indicating
elector's political party affiliation when verifying signature on
return identification envelope with signature on registration
card.

                        A BILL FOR AN ACT
Relating to ballot counting; amending ORS 254.470 and 260.695.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 254.470 is amended to read:
  254.470. (1) 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. At a
minimum, the places designated under this section shall be open
on the date of the election for a period of eight or more hours,
but must be open until at least 8 p.m. 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 2. 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.
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