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 334
House Bill 2169
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative Vicki Walker
for Stanford Giles)
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.
Directs major political party that allows independent voters to
participate in party's biennial primary election to pay expenses
of providing notice to independent voters of voter's right to
participate in party primary election.
A BILL FOR AN ACT
Relating to voting by nonaffiliated electors in the biennial
primary election of major political party; amending ORS
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)
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 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.
(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. { + If the county clerk provides notice to
electors not affiliated with any political party of the elector's
right to vote in the biennial primary election of a major
political party, the expenses of producing and disseminating the
notice shall be paid by the major political party. If more than
one major political party has provided under ORS 254.365 for a
biennial primary election that admits electors not affiliated
with any political party, and the clerk provides notice to
electors not affiliated with any political party, the expenses of
producing and disseminating the notice shall be apportioned
equally among the major political parties. The county clerk shall
bill each involved major political party for the expenses, or the
party's share of the expenses, of producing and disseminating the
notice. The Secretary of State by rule shall specify the county
clerk's expenses of producing and disseminating the notice that
shall be charged to a major political party under this
paragraph. + }
(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) 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) 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) 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) of
this section.
(11) 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) 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.
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