71st OREGON LEGISLATIVE ASSEMBLY--2001 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 120
A-Engrossed
House Bill 2087
Ordered by the House May 30
Including House Amendments dated May 30
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative Betsy Close)
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.
{ - Requires state to pay postage on ballot return envelopes
for elections conducted by mail. - } { + Requires places
designated for deposit of ballots in election by mail to be
maintained by election officials assigned by county clerk.
Requires certain security measures in connection with ballot
deposit locations. + } Prohibits collection or solicitation of
voted ballots for deposit at office of county clerk, at location
of voting booth or in United States mail. { + Prohibits
door-to-door collection of ballots. + } Provides exception for
deposit { - in mail - } of ballots voted by immediate family
members { - and members of household - } . Requires ballots not
returned by mail to be personally deposited at office of county
clerk or at location of voting booth by elector who voted ballot.
{ - Prohibits person other than elector who voted ballot from
depositing ballot at office of county clerk or at location of
voting booth. - } { + Describes evidence of identity and other
information required to be supplied by person registering to
vote. Provides method for elector to challenge qualifications of
person who requests to be registered or to update registration
and to challenge qualifications of person known or suspected of
receiving ballots in more than one county. + }
A BILL FOR AN ACT
Relating to elections conducted by mail; creating new provisions;
and amending ORS 247.012, 247.171, 247.174, 247.195, 247.307
and 254.470.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 254.470 is amended to read:
254.470. (1) An election by mail shall be conducted as provided
in this section. The Secretary of State may adopt rules governing
the procedures for conducting an election by mail.
(2) When conducting an election by mail, the county clerk may
designate the county clerk's office or one central location in
the electoral district in which the election is conducted as the
single place to obtain a replacement ballot under subsection
{ - (9) - } { + (10) + } of this section. The Secretary of
State by rule shall establish requirements and criteria for the
designation of places of deposit for the ballots cast in the
election. The places designated under this section shall be
{ + maintained by election officials assigned by the county
clerk and + }open on the date of the election for a period,
determined by the county clerk, of eight or more hours, but must
be open until at least 8 p.m. { + At each place of deposit for
the ballots cast in the election, the county clerk shall maintain
a locked, secure receptacle into which an elector may deposit a
ballot. The receptacle shall be designed so that it is accessible
only to the county clerk and other elections officials. The
Secretary of State shall adopt rules establishing requirements
for ensuring the security of ballots deposited by electors at
places of deposit designated by the county clerk. + }
(3)(a) Except as provided in paragraphs (b), (c) and (d) 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 conducted by mail 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) Notwithstanding paragraph (a) of this subsection, 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 conducted by mail and not later
than the 18th day before the date of the election.
(c) Notwithstanding paragraph (a) of this subsection, the
Secretary of State by rule shall specify the date on which all
ballots shall be mailed for any state election conducted by mail
under ORS 254.465 (2).
(d) Notwithstanding paragraph (a) of this subsection, 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.
(4) For an election held on the date of a biennial 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) An elector not affiliated with any political party shall be
mailed the ballot of a major political party in whose biennial
primary election the elector wishes to vote if the elector has
applied for the ballot as provided in this subsection and that
party has provided under ORS 254.365 for a biennial 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 biennial primary election of a major
political party shall apply to the county clerk in writing.
Except for electors described in subsection (5) of this section,
and subject to ORS 247.203, the application must be received by
the clerk not later than 5 p.m. of the 21st day before the date
of the election.
(d) If the biennial primary election ballot includes city,
county or nonpartisan offices or measures, an elector not
eligible to vote for party candidates shall be mailed a ballot
limited to those offices and measures for which the elector is
eligible to vote.
(5) { + Except as provided in ORS 247.307 (2), + } 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
by mail { + , + } 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.
The elector shall mark the ballot, sign the return identification
envelope, comply with the instructions provided with the ballot
and return the ballot in the return identification envelope to
the county clerk.
(6) Notwithstanding subsection (3) or (4) of this section,
replacement ballots need not be mailed after the fifth day before
the date of the election. A replacement ballot may be mailed or
shall be made available in the office of the county clerk.
(7) The ballot or ballot label 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, upon conviction, to imprisonment
or to a fine, or both.
_________________________________________________________________
(8) This subsection applies to an elector to whom subsection
(3) or (4) of this section applies. Upon receipt of the ballot
the elector shall mark it, 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 or any
place of deposit designated by the county clerk. 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 or
the designated place of deposit not later than the end of the
period determined under subsection (2) of this section on the
date of the election.
{ + (9)(a) Except as provided in paragraph (b) of this
subsection, a person may not collect ballots or solicit, by
telephone or any other manner, the collection of ballots voted by
other electors for deposit at the office of the county clerk, at
any location designated by the county clerk under this section,
at any location described in ORS 254.472 or 254.474 or in the
United States mail. The door-to-door collection of ballots is
prohibited.
(b) A person may collect ballots voted by the person's
immediate family and deposit the ballots at the office of the
county clerk, at any location designated by the county clerk
under this section, at any location described in ORS 254.472 or
254.474 or in the United States mail. As used in this paragraph,
' immediate family' means persons related by blood, marriage or
adoption, stepparents, stepchildren, stepbrothers and
stepsisters. + }
{ - (9) - } { + (10) + } An 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.
{ - (10) - } { + (11) + } 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
{ - (11) - } { + (12) + } of this section.
{ - (11) - } { + (12) + } 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. 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 not count any ballot cast by that elector.
{ - (12) - } { + (13) + } At 8 p.m. on election day,
electors who are at the clerk's office or a site designated under
subsection (2) of this section 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. { + Section 3 of this 2001 Act is added to and made
a part of ORS chapter 247. + }
SECTION 3. { + (1) A person who registers to vote shall supply
evidence of identity, age, United States citizenship and
residence address.
(2) Documents acceptable under this section as evidence of
identity, age and residence address include a birth certificate,
a current valid passport issued by the United States, a current,
valid driver license or a state identification card issued under
ORS 807.400.
(3) The Secretary of State by rule may designate other
verifiable documents that are acceptable as evidence under this
section.
(4) Photocopies of documents described in this section are
acceptable as evidence of identity, age, United States
citizenship and residence address for purposes of this
section. + }
SECTION 4. 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 information under subsection
(3) or (4) of this section { + or under section 3 of this 2001
Act + } 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 5. ORS 247.012 is amended to read:
247.012. (1) A qualified person may register to vote or update
a registration to vote by:
(a) Delivering by mail or otherwise a completed registration
card to any county clerk, the Secretary of State, any office of
the Department of Transportation or any designated voter
registration agency as described in ORS 247.208;
(b) Personally delivering the card to an official designated by
a county clerk under subsection (7) of this section; or
(c) Completing the voter registration portion of the
application for issuance or renewal of a driver license, issuance
of a state identification card under ORS 807.400 or a change of
address at an office of the Department of Transportation under
ORS 247.017.
(2) If a registration card is mailed or delivered to:
(a) Any person other than a county clerk or the Secretary of
State, the person shall forward the card to a county clerk or the
Secretary of State not later than the fifth day after receiving
the card; or
(b) The Secretary of State or a county clerk for a county other
than the county in which the person applying for registration
resides, the Secretary of State or county clerk shall forward the
card to the county clerk for the county in which the person
resides not later than the fifth day after receiving the card.
(3) Registration of a qualified person occurs:
(a) When a legible, accurate and complete registration card is
received in the office of any county clerk, the Office of the
Secretary of State, an office of the Department of
Transportation, a designated voter registration agency under ORS
247.208 or at a location designated by a county clerk under
subsection (7) of this section;
(b) On the date a registration card is postmarked if the card
is received after the 21st day immediately preceding an election
but is postmarked not later than the 21st day immediately
preceding the election; or
(c) In the case of a registration card missing a date of birth,
containing an incomplete date of birth or containing an
unintentional scrivener's error that is supplied or corrected as
described in subsection (4) or (6) of this section, on the date
that registration would have occurred if the registration card
had not been missing the date of birth, contained an incomplete
date of birth or contained the scrivener's error.
(4) If a registration card is legible, accurate and contains,
at a minimum, the registrant's name, residence address, date of
birth and signature, { + and if the person registering has
supplied the evidence required under section 3 of this 2001
Act, + } the county clerk shall register the person. If this
information is missing from the registration card or the date of
birth is incomplete, the county clerk shall attempt to contact
the person to obtain the missing or incomplete information. The
county clerk may supply the registrant's date of birth from any
previous registration of the registrant.
(5) If a registration card meets the requirements of subsection
(4) of this section but is missing an indication of political
party affiliation, the registrant shall be considered not
affiliated with any political party. This subsection does not
apply if an elector is updating a registration within the same
county.
(6) If a registration card contains an unintentional
scrivener's error, the county clerk may attempt to contact the
person to correct the error.
(7) A county clerk may appoint officials to accept registration
of persons at designated locations. The appointments and
locations shall be in writing and filed in the office of the
county clerk. The county clerk shall be responsible for the
performance of duties by those appointed.
(8) A registration card received and accepted under this
section shall be considered an active registration.
(9) A registration may be updated at any time.
SECTION 6. ORS 247.174 is amended to read:
247.174. (1) The qualifications of any person who requests to
be registered or to update a registration shall be determined in
the first instance by the county clerk or official designated by
the county clerk to register persons as electors from the
evidence present.
(2) The county clerk or official designated by the county clerk
to register persons as electors may reject any registration or
update of a registration if the clerk or official determines that
the person is not qualified or that the registration card is
illegible, inaccurate or incomplete. The clerk or official shall
promptly notify the person of the rejection.
{ + (3) Any elector may challenge the qualifications of a
person who requests to be registered or to update a registration
if the elector knows or suspects that the person is not qualified
to be an elector. The elector challenging the registration or
update shall make, under oath or affirmation before a county
clerk, a written and numbered statement of challenge. 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. + }
{ - (3) - } { + (4) + } A person whose registration or
update to a registration is rejected { + or challenged under
this section + } may apply to the county clerk not later than the
10th day after the rejection { + or challenge + } for a hearing
on the person's qualifications to register or update the
registration. Not later than the 10th day after the date the
county clerk receives the application, the clerk shall notify the
applicant of the place and time of the hearing on the
qualifications. The hearing shall be held not sooner than the
second nor later than the 20th day after notice is given. At the
hearing the applicant may present evidence of qualification. If
the county clerk, upon the conclusion of the hearing, determines
that the applicant is qualified, the county clerk shall register
or update the registration of the applicant.
SECTION 7. ORS 247.195 is amended to read:
247.195. (1) The county clerk, at any time, may inquire into
the validity of the registration of any elector. { + An elector
may challenge the qualifications of a person whom the elector
knows or suspects has received ballots in more than one county
for the same election or is otherwise not qualified to be an
elector. The elector challenging the registration shall make,
under oath or affirmation before a county clerk, a written and
numbered statement of challenge. 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. + }The county clerk shall mail a written
statement to the elector that describes the nature of the inquiry
{ + or challenge + } and provides a suitable form for reply.
(2) Not later than the 20th day after the date of mailing of
the statement, the elector { + subject to the inquiry or
challenge + }, in writing, may state that the information on the
registration card is correct or may request a change in the
information on the card. Upon receipt of the statement or
request, the county clerk shall determine whether the information
satisfies the inquiry { + or challenge + }. If the county clerk
determines that the inquiry { + or challenge + } has not been
satisfied, the county clerk shall schedule a hearing and shall
notify the elector of the place and time of the hearing. The
hearing shall be held not sooner than the second nor later than
the 20th day after notice is given. At the hearing, the elector
may present evidence of qualification. If the county clerk, upon
the conclusion of the hearing, determines that the elector's
registration is not valid, the county clerk shall cancel the
registration.
{ + (3) If a challenge has not been satisfied as required
under subsection (2) of this section by the date of an election
conducted at polling places or by the deadline for mailing
ballots in an election conducted by mail, the elector shall be
permitted to vote. The ballot of the person shall be considered a
challenged ballot subject to ORS 254.426. + }
SECTION 8. ORS 247.307 is amended to read:
247.307. (1) { + Except as provided in subsection (2) of this
section, + } in an election conducted by mail as provided in ORS
chapter 254, if the county clerk receives information updating
the registration of an elector after the deadline in ORS 247.025:
(a) The county clerk shall issue a ballot to the elector if the
elector's registration was inactive prior to updating.
(b) The county clerk shall issue a replacement ballot upon
request from the elector if the elector's registration was active
prior to updating.
{ + (2) If the county clerk receives information updating the
registration of an elector after the deadline in ORS 247.025
because the elector has changed residence address to another
county, the county clerk may not issue a replacement ballot under
subsection (1) of this section if the elector has already been
mailed a ballot in the county of previous residence. + }
{ - (2) - } { + (3) + } Ballots issued under this section
need not be mailed after the fifth day before the date of the
election and may be obtained in person from the county clerk up
until and including the date of the election.
SECTION 9. { + Section 3 of this 2001 Act and the amendments
to ORS 247.171 and 247.012 by sections 4 and 5 of this 2001 Act
apply to persons who register to vote on or after the effective
date of this 2001 Act. + }
----------