Bill Text: OR SB838 | 2011 | Regular Session | Introduced
Bill Title: Relating to the imposition of sanctions for election law violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB838 Detail]
Download: Oregon-2011-SB838-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 3165
Senate Bill 838
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.
Eliminates culpable mental state element in certain election
law violations.
A BILL FOR AN ACT
Relating to the imposition of sanctions for election law
violations; creating new provisions; and amending ORS 247.171,
247.420, 260.675, 260.695 and 260.715.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 2. 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 - } { + A + } person shall { + not + } supply
any { + false + } information under subsection (1) of this
section { - , knowing it to be false - } .
SECTION 3. 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 4. 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.
SECTION 5. 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.
SECTION 6. { + The amendments to ORS 247.171, 247.420,
260.675, 260.695 and 260.715 by sections 1 to 5 of this 2011 Act
apply to violations that occur on or after the effective date of
this 2011 Act. + }
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