Bill Text: OR SB837 | 2011 | Regular Session | Introduced

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Bill Title: Relating to handling of ballots.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB837 Detail]

Download: Oregon-2011-SB837-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 3166

                         Senate Bill 837

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 handling of ballot of elector unless person is
elections official, employee of United States Postal Service or
relative of elector.

                        A BILL FOR AN ACT
Relating to handling of ballots; amending ORS 260.695.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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) 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) 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. - }
   { +  (16) 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. + }
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