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 1866
House Bill 2666
Sponsored by Representative GARDNER, Senator BROWN
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 Secretary of State by rule to adopt uniform
requirements for format of ballots used in elections in all
counties. Requires use of ballots that may be tallied using
optical scanning equipment. Prohibits punch ballots.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to ballots; creating new provisions; amending ORS
246.012, 246.520, 246.530, 246.540, 246.550, 246.560, 246.565,
246.570, 246.580, 246.590, 246.600, 246.610, 253.055, 254.005,
254.007, 254.145, 254.235, 254.405, 254.445, 260.645 and
260.695; repealing ORS 254.315, 254.335 and 254.345; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 246. + }
SECTION 2. { + (1) The Secretary of State by rule shall
prescribe uniform requirements for the format of ballots used in
elections conducted in this state. The format adopted by the
secretary shall allow the tally of ballots by a vote tally system
using optical scanning technology and may not allow the use of
punch ballots.
(2) Counties in this state shall conduct elections using
ballots that comply with the uniform requirements prescribed by
the Secretary of State by rule under subsection (1) of this
section. + }
SECTION 3. ORS 246.012 is amended to read:
246.012. As used in this chapter:
(1) 'Ballot' means any material on which votes may be cast for
candidates or measures.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'County governing body' means the county court sitting for
the transaction of county business or the board of county
commissioners.
(4) 'Election' means any election held within this state.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(6) 'Governing body' means the governing body of any
subdivision of the state.
(7) 'Local elections official' means any person who is:
(a) An official of any election precinct or special district or
public corporation organized for public purposes; and
(b) Authorized or required by law to perform functions in
connection with elections held in the election precinct or
special district or public corporation organized for public
purposes.
(8) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(9) 'Precinct' means any election precinct.
{ - (10) 'Voting machine' means: - }
{ - (a) Any device which will record every vote cast on
candidates and measures and which will either internally or
externally total all votes cast on that device. - }
{ - (b) Any device into which a ballot may be inserted and
which is so designed and constructed that the vote for any
candidate or measure may be indicated by punching or marking the
ballot. - }
{ - (11) - } { + (10) + } 'Vote tally system' means one or
more pieces of equipment necessary to examine and tally
automatically the marked
{ - or punched - } ballots.
SECTION 4. ORS 246.520 is amended to read:
246.520. All the provisions of the election laws and of any
county or city charter or ordinance not inconsistent with ORS
246.520 to 246.610 apply to elections where { - voting machines
or - } vote tally systems are used. Any provision of law or of
any county or city charter or ordinance which conflicts with the
use of
{ - voting machines or - } vote tally systems as provided in
ORS 246.520 to 246.610 does not apply to elections in which
{ - voting machines or - } vote tally systems are used.
SECTION 5. ORS 246.530 is amended to read:
246.530. A governing body may adopt, purchase or otherwise
procure, and provide for the use of, any { - voting machine
or - } vote tally system approved by the Secretary of State in
all or a portion of the precincts. Thereafter the { - voting
machine or - } vote tally system may be used { - for voting at
all elections for public and party offices and on all measures,
and - } for receiving, registering and counting the votes in the
precincts as the governing body directs.
SECTION 6. ORS 246.540 is amended to read:
246.540. (1) In purchasing { - voting machines or - } vote
tally systems, a governing body of any county and the governing
bodies of any incorporated cities, districts or other
municipalities in the county { - , - } may provide for the
joint purchase and subsequent ownership of { - voting machines
or - } vote tally systems and for the care, maintenance and use
of the { - machines or - } systems.
(2) The governing body of two or more counties may provide for
the joint use of { - voting machines or - } vote tally
systems.
SECTION 7. ORS 246.550 is amended to read:
246.550. (1) The Secretary of State shall publicly examine all
makes of { - voting machines or - } vote tally systems
submitted to the secretary and determine whether the
{ - machines or - } systems comply with the requirements of ORS
246.560 { - , and can safely be used by electors - } .
(2) Any person owning or interested in a { - voting machine
or - } vote tally system may submit it to the Secretary of State
for examination. For the purpose of assistance in examining the
{ - machine or - } system the Secretary of State may employ
not more than three individuals who are expert in one or more of
the fields of data processing, mechanical engineering and public
administration. The compensation of these assistants shall be
paid by the person submitting the { - machine or - } system.
(3) Not later than the 30th day after completing the
examination and approval of any { - voting machine or - } vote
tally system the Secretary of State shall make a report on the
{ - machine or - } system, together with a written or printed
description, drawings and photographs clearly identifying the
{ - machine or - } system and its operation. The Secretary of
State upon request shall send a copy of the report to any
governing body within the state.
(4) Any { - voting machine or - } vote tally system that
receives the approval of the Secretary of State may be used for
conducting elections. Any { - machine or - } system that does
not receive such approval shall not be used at any election.
After a { - machine or - } system has been approved by the
Secretary of State, any change in the { - machine or - }
system that does not impair its accuracy, efficiency or capacity
shall not render necessary a reexamination or reapproval of the
{ - machine or - } system.
SECTION 8. ORS 246.560 is amended to read:
246.560. { - (1) No voting machine shall be approved by the
Secretary of State unless it is constructed so that it: - }
{ - (a) Secures to the elector secrecy of voting. - }
{ - (b) Provides facilities for voting for the candidates of
as many political parties or organizations as may make
nominations and for or against as many measures as may be
submitted. - }
{ - (c) Permits the elector to vote for any person and as
many persons for an office and upon any measure for which the
elector has the right to vote. - }
{ - (d) Permits the elector, except at a biennial primary
election, to vote for all the candidates of one party or in part
for the candidates of one party and in part for the candidates of
one or more other parties. - }
{ - (e) Correctly records on a separate ballot the votes cast
by each elector for any person and for or against any
measure. - }
{ - (f) Provides that a vote for more than one candidate
cannot be cast by one single operation of the voting machine or
vote tally system except for President and Vice President and
electors for those offices. - }
{ - (g) Provides that straight party pointers shall be
disconnected from all candidate pointers. - }
{ - (2) - } A vote tally system shall be:
{ - (a) - } { + (1) + } Capable of correctly counting votes
on ballots on which the proper number of votes have been marked
{ - or punched - } for any office or measure that has been
voted.
{ - (b) - } { + (2) + } Capable of ignoring the votes
marked { - or punched - } for any office or measure where more
than the allowable number of votes have been marked { - or
punched - } , but shall correctly count the properly voted
portions of the ballot.
{ - (c) - } { + (3) + } Capable of accumulating a count of
the specific number of ballots tallied for a precinct,
accumulating total votes by candidate for each office, and
accumulating total votes for and against each measure of the
ballots tallied for a precinct.
{ - (d) - } { + (4) + } Capable of tallying votes from
ballots of different political parties, from the same precinct,
in a biennial primary election.
{ - (e) - } { + (5) + } Capable of accommodating the
procedure established under ORS 254.155.
{ - (f) - } { + (6) + } Capable of automatically producing
precinct totals in either printed { - , - } { + or + } marked
{ - , or punched - } form, or
{ - combinations - } { + a combination + } thereof.
SECTION 9. ORS 246.565 is amended to read:
246.565. (1) Any { - voting machine or - } vote tally system
involving the use of computers, a computer network, computer
program, computer software or computer system shall be subject to
audit by the Secretary of State at any time for the purpose of
checking the accuracy of the { - voting machine or - } vote
tally system.
(2) As used in this section:
(a) 'Computer' means, but is not limited to, an electronic
device which performs logical, arithmetic or memory functions by
the manipulations of electronic or magnetic impulses and includes
all input, output, processing, storage, software or communication
facilities which are connected or related to such a device in a
system or network.
(b) 'Computer network' means, but is not limited to, the
interconnection of communication lines, including microwave or
other means of electronic communication, with a computer through
remote terminals or a complex consisting of two or more
interconnected computers.
(c) 'Computer program' means, but is not limited to, a series
of instructions or statements, in a form acceptable to a
computer, which permits the functioning of a computer system in a
manner designed to provide appropriate products from such
computer system.
(d) 'Computer software' means, but is not limited to, computer
programs, procedures and associated documentation concerned with
the operation of a computer system.
(e) 'Computer system' means, but is not limited to, a set of
related, connected or unconnected computer equipment, devices and
software.
SECTION 10. ORS 246.570 is amended to read:
246.570. (1) The Secretary of State may enter into an
agreement, for a term of not more than five years, with any
county within the state for the sale to the county of approved
{ - voting machines or - } vote tally systems or computers or
computer systems described in ORS 246.590. The agreement shall
include a provision creating a security interest for the
Secretary of State in the
{ - voting machines or - } vote tally systems or computers or
computer systems. The security interest shall not be released
until the sale is completed and the terms of the sale agreement
are satisfied.
(2) The Secretary of State on having entered into an agreement
with a county may purchase the necessary { - voting machines
or - } vote tally systems or computers or computer systems using
money made available under the provisions of ORS 246.590.
SECTION 11. ORS 246.580 is amended to read:
246.580. The sale agreement shall provide for:
(1) Annual payments of not less than 20 percent of the cost of
the { - voting machines or - } vote tally systems or computers
or computer systems, plus interest, payable on or before December
15.
(2) Payment by the county of maintenance, supplies, storage and
transportation costs of the { - voting machines or - } vote
tally systems or computers or computer systems.
SECTION 12. ORS 246.590 is amended to read:
246.590. (1) The State Treasurer, in the capacity of investment
officer for the Oregon Investment Council, may lend moneys in the
investment funds as provided in ORS 293.701 to 293.820 for the
acquisition of:
(a) The { - voting machines or - } vote tally systems that
the Secretary of State has contracted to sell to a county.
(b) Computers or computer systems for the purpose of
maintaining and updating elector registration files or for
establishing cross-county elector registration files, including
those that the Secretary of State has contracted to sell to a
county.
(2) The { - Voting Machine - } { + Vote Tally System + }
Account is established in the General Fund. Money lent under this
section shall be deposited in the { - Voting Machine - }
{ + Vote Tally System + } Account and is appropriated for the
purchase of { - voting machines or - } vote tally systems or
computers or computer systems described in subsection (1) of this
section. Money lent under this section shall be repaid within
five years together with interest at a rate agreed upon by the
State Treasurer and the Secretary of State.
SECTION 13. ORS 246.600 is amended to read:
246.600. All payments collected from the counties from the sale
of { - voting machines, - } computers or vote tally or
computer systems shall be deposited in the { - Voting
Machine - } { + Vote Tally System + } Account. An amount of
money equal to the amount of payments collected from the counties
from the sale of { - voting machines, - } computers or vote
tally or computer systems during the calendar year, plus interest
at a rate agreed upon by the State Treasurer and the Secretary of
State, shall be paid to the State Treasurer as the repayment of
money advanced for the acquisition of { - voting machines, - }
computers or vote tally or computer systems. Payment shall be
made to the State Treasurer not later than December 31 of each
year.
SECTION 14. ORS 246.610 is amended to read:
246.610. In the event that there is not sufficient money in the
{ - Voting Machine - } { + Vote Tally System + } Account from
payments collected from the counties from the sale of
{ - voting machines, - } computers or vote tally or computer
systems on December 31 of the fifth year following a loan for the
acquisition of { - voting machines, - } computers or vote
tally or computer systems, there is appropriated from the General
Fund an amount sufficient that together with the money in the
{ - Voting Machine - } { + Vote Tally System + } Account will
provide an amount sufficient to repay the loan.
SECTION 15. ORS 253.055 is amended to read:
253.055. (1) Absentee ballots may be the regular ballots used
at the election or special ballots and, except as provided in
{ - subsections (2) and (3) - } { + subsection (2) + } of
this section, shall be in substantially the same form as the
regular ballots used at the election.
{ - (2) In counties in which voting machines are used, paper
ballots may be used as absentee ballots. - }
{ - (3) - } { + (2) + } Ballot stubs are not required on
absentee ballots.
{ - (4) - } { + (3) + } The ballot delivered to each absent
elector shall contain the names and other information concerning
all candidates and the information concerning all measures for
which the absent elector is entitled to vote. In lieu of the
names and other information concerning candidates for precinct
committeeperson, blank spaces shall be provided on the ballot, in
which the absent elector may write the name of a candidate for
that office.
SECTION 16. ORS 254.005 is amended to read:
254.005. As used in this chapter:
(1) 'Ballot' means any material on which votes may be cast for
candidates or measures. In the case of a recall election, '
ballot' includes material posted in a voting compartment or
delivered to an elector by mail.
(2) 'Ballot label' means the material containing the names of
candidates or the measures to be voted on.
(3) 'Chief elections officer' means the:
(a) Secretary of State, regarding a candidate for a state
office or an office to be voted on in the state at large or in a
congressional district, or a measure to be voted on in the state
at large.
(b) County clerk, regarding a candidate for a county office, or
a measure to be voted on in a county only.
(c) City clerk, auditor or recorder, regarding a candidate for
a city office, or a measure to be voted on in a city only.
(4) 'County clerk' means the county clerk or the county
official in charge of elections.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(6) 'Major political party' means a political party that has
qualified as a major political party under ORS 248.006.
(7) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(8) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(9) 'Nonpartisan office' means the office of judge of the
Supreme Court, Court of Appeals, circuit court or the Oregon Tax
Court, Superintendent of Public Instruction, Commissioner of the
Bureau of Labor and Industries, any elected office of a
metropolitan service district under ORS chapter 268, justice of
the peace, county clerk, county assessor, county surveyor, county
treasurer, sheriff, district attorney or any office designated
nonpartisan by a home rule charter.
(10) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(11) 'Regular district election' means the election held each
year for the purpose of electing members of a district board as
defined in ORS 255.005 (2).
{ - (12) 'Voting machine' means: - }
{ - (a) Any device which will record every vote cast on
candidates and measures and which will either internally or
externally total all votes cast on that device. - }
{ - (b) Any device into which a ballot may be inserted and
which is so designed and constructed that the vote for any
candidate or measure may be indicated by punching or marking the
ballot. - }
{ - (13) - } { + (12) + } 'Vote tally system' means one or
more pieces of equipment necessary to examine and tally
automatically the marked
{ - or punched - } ballots.
SECTION 17. ORS 254.007 is amended to read:
254.007. ORS 254.205, 254.215, 254.226, 254.245, 254.265,
254.275, 254.295, { - 254.315, - } 254.325, { - 254.335,
254.345, - } 254.355, 254.385, 254.395, 254.405, 254.419,
254.426, 254.435, 254.455, 254.483 and 254.525 apply only to
elections conducted at polling places.
SECTION 18. ORS 254.145 is amended to read:
254.145. (1) The names of candidates for nomination for or
election to each office shall be arranged on the ballot or ballot
label in the order determined under ORS 254.155. The names of
candidates for the offices of President and Vice President of the
United States, however, shall be arranged in groups. Except as
provided in ORS 254.125, 254.135 and this section, no information
about the candidate, including any title or designation, other
than the candidate's name, shall appear on the ballot. { - In a
precinct in which voting machines are used, spaces shall be
provided, either on the ballot or on separate material delivered
to the elector with the ballot, in which the elector may write
the names of persons for any offices appearing on the ballot
label. In other precincts, - } At the end of the list of
candidates for each office shall be a blank space in which the
elector may write the name of any person not printed on the
ballot. On the left margin of the ballot or ballot label the name
of each group or candidate may be numbered. The blank spaces
shall not be numbered. A particular number shall not be used to
designate more than one candidate at any election.
(2) The names of all candidates for the same office shall be
listed in the same column on the ballot or ballot label. If more
than one column is needed to list names of all candidates for
that office, the names may be arranged in one or more columns in
block form. The block shall be set apart by rulings under the
title of the office. If a blank space follows the list of
candidates, the space shall be in the same column as the names of
candidates for that office. If blocks of columns are used, blank
spaces shall be included within the ruled block.
{ - (3) In precincts using voting machines, the ballot label
shall be clearly marked to indicate when names of candidates for
the office are continued on the following page. - }
{ - (4) - } { + (3) + } When a measure is submitted to the
people, the number, ballot title and financial estimates under
ORS 250.125 of each measure shall be printed after the list of
candidates. A measure referred by the Legislative Assembly shall
be designated ' Referred to the People by the Legislative
Assembly.' A state measure referred by petition shall be
designated 'Referendum Order by Petition of the People.' A state
measure proposed by initiative petition shall be designated
'Proposed by Initiative Petition. '
{ - (5) - } { + (4) + } For an election conducted at
polling places under this chapter, each official ballot shall
have a removable stub. The stub on the ballots for a precinct
shall be numbered consecutively.
{ - (6) - } { + (5) + } The ballot shall be printed to give
the elector a clear opportunity to designate the elector's choice
for candidates and approval or rejection of measures submitted.
{ - In precincts not using voting machines - } The elector
shall indicate a preference by making a cross or check mark
inside a voting square corresponding to the candidate or answer
for which the elector wishes to vote. A voting square may be
printed on the blank, write-in vote spaces. However, the elector
is not required to place a mark in the voting square
corresponding to a name written in a blank space. On the ballot
or ballot label shall be printed words to aid the elector, such
as 'Vote for one,' 'Vote for three,' and regarding measures,
'Yes' and 'No. '
SECTION 19. ORS 254.235 is amended to read:
254.235. Before an election in which { - voting machines
or - } vote tally systems are used, the county clerk shall:
(1) Prepare and test the { - machine and - } { + vote
tally + } system thoroughly.
(2) Mail to each affiliate of a major or minor political party
within the county that has notified the clerk that notice is
desired, a notice of the time and place where the { - machines
or - } { + vote tally + } systems will be prepared and tested.
One representative of each party is entitled to be present to
{ - insure - } { + ensure + } that the preparation and testing
are done properly. In nonpartisan elections each candidate may
designate one representative who has the same powers as the
political party representatives. The party and candidate
representatives shall certify that they have witnessed the
preparation and testing. The certificates shall be filed with the
county clerk.
(3) Make every reasonable effort to acquaint the electors with
the ballot format and marking { - or punching - } system.
{ - (4) Prepare a certificate that the ballot labels have
been properly placed in the machine. - }
SECTION 20. ORS 254.405 is amended to read:
254.405. (1) On receiving a ballot, the elector shall retire to
a compartment, shelf or table provided and mark { - or
punch - } the ballot. Except as provided in ORS 254.445, not
more than one person at one time shall be permitted to occupy a
compartment, shelf or table. No elector shall occupy the
compartment, shelf or table longer than five minutes. If the
elector refuses to leave at the end of that time, the board
clerks may remove the elector. However, the clerks may grant the
elector a longer time.
(2) An elector shall not place on the ballot a sticker bearing
the name of a person, or use any other method or device, except
writing, to vote for a person whose name is not printed on the
ballot.
(3) The elector, without exposing the contents of the ballot,
shall deliver the ballot to a board clerk. The ballot shall be
deposited in the ballot box by a clerk in the presence of the
elector or by the elector.
(4) The ballot stub shall be removed from the ballot by a board
clerk at any time after the stub number of the ballot is recorded
in the poll book and before the ballot is deposited in the ballot
box.
SECTION 21. ORS 254.445 is amended to read:
254.445. (1) Any elector who is within the county and, because
of a physical disability or an inability to read or write, is
unable to mark { - or punch - } the ballot, upon request,
shall receive the assistance of two persons of different parties
provided by the clerk or of some other person chosen by the
elector in marking { - or punching - } the ballot. The persons
assisting the elector shall ascertain the wishes of the elector
and assist the elector in voting the ballot accordingly, and
thereafter shall give no information regarding the vote.
(2) A person may not assist an elector under subsection (1) of
this section if the person:
(a) Is an employer of the elector or an agent of the employer;
or
(b) Is an officer or agent of the union of which the elector is
a member.
(3) If the election is conducted at polling places:
(a) The board chairperson may require a declaration of
disability to be made by the elector under oath. Whenever an
elector receives assistance in this manner, a clerk shall make a
notation of it in the poll book following the name of the
elector.
(b) When any elector, because of a physical disability or an
inability to read or write, is unable to sign the poll book, a
clerk, under supervision of the chairperson, shall enter the
words ' unable to sign' in the place provided for the elector's
signature.
(4) In preparing the ballot, an elector may use or copy a
sample ballot, which may be marked in advance to assist the
elector in marking { - or punching - } the official ballot.
SECTION 22. ORS 260.645 is amended to read:
260.645. (1) No person shall:
(a) Tamper with or injure or attempt to injure any { - voting
machine or - } vote tally system to be used or being used in an
election.
(b) Tamper with any { - voting machine or - } vote tally
system that has been used in an election except in performance of
election duties.
(c) Prevent or attempt to prevent the correct operation of any
{ - voting machine or - } vote tally system.
(2) An unauthorized person shall not make or possess a key to a
{ - voting machine or - } vote tally system to be used or being
used in an election.
(3) Neither the Secretary of State nor any officer or employee
of any county, city or district using a { - voting machine
or - } vote tally system, shall solicit or accept any
compensation, other than amounts paid by the governmental unit,
in connection with the sale, lease or use of the { - voting
machine or - } vote tally system.
(4) As used in this section, { - ' voting machine' and - }
'vote tally system' { - have - } { + has + } the meaning
given { - those terms - } { + that term + } in ORS 246.012.
SECTION 23. ORS 260.695 is amended to read:
260.695. (1) No person shall print or circulate an imitation of
the ballot or sample ballot, or a portion of the ballot or sample
ballot, which contains information which will not appear, or
deletes information which will appear, on the ballot or sample
ballot, or that portion of the ballot or sample ballot, unless
the imitation of the ballot or sample ballot, or portion of the
ballot or sample ballot, contains the following statement in bold
type: ' NOT FOR OFFICIAL USE.' This subsection does not prohibit
the printing or circulation of an imitation of a ballot which
illustrates the manner in which a candidate's name may be written
in for an office.
(2) No person, within any building in which a polling place is
located or within 100 feet measured radially from any entrance to
the building, shall do any electioneering, including circulating
any cards or hand bills, or soliciting signatures to any
petition. No person shall do any electioneering by public address
system located more than 100 feet from an entrance to the
building but capable of being understood within 100 feet of the
building. The electioneering need not relate to the election
being conducted.
(3) No person shall obstruct an entrance of a building in which
a polling place is located.
(4) No person, within a polling place, shall wear a political
badge, button or other insignia.
(5) No person shall vote or offer to vote in any election or at
any polling place knowing the person is not entitled to vote.
(6) No person at a polling place, other than an election board
member, shall deliver a ballot to an elector.
(7) No elector other than an absent elector shall knowingly
receive a ballot from any other person than an election board
member.
(8) No person shall make a false statement about the person's
inability to mark a ballot.
(9) No person, except an elections official in performance of
duties or other person providing assistance to a handicapped
elector, shall ask a person at the polling place for whom that
person intends to vote, or examine or attempt to examine the
person's ballot.
(10) No person shall show the person's own marked { - or
punched - } ballot to another person to reveal how it was marked
{ - or punched - } .
(11) No elections official, other than in the performance of
duties, shall disclose to any person any information by which it
can be ascertained for whom any elector has voted.
(12) No person, other than an elections official in performance
of duties, shall do anything to a ballot to permit identification
of the person who voted.
(13) No elector shall deliver a ballot to an election board
member except the ballot the elector received from an election
board member. Nothing in this subsection shall prohibit a person
from delivering any absentee ballot or ballots to an election
board member.
(14) No person, except an election board member, shall receive
from an elector other than an absent elector a marked { - or
punched - } ballot.
(15) No elector shall willfully leave in the polling place
anything that will show how the elector's ballot was marked
{ - or punched - } .
(16) No person, except an elections official in performance of
duties, shall remove a ballot from any polling place.
(17) No person, except an elections official in performance of
duties or a person authorized by that official, shall willfully
deface, remove, alter or destroy a posted election notice.
(18) No person, except an elections official in performance of
duties, shall willfully remove, alter or destroy election
equipment or supplies, or break the seal or open any sealed
package containing election supplies.
SECTION 24. { + ORS 254.315, 254.335 and 254.345 are
repealed. + }
SECTION 25. { + (1) The amendments to ORS 246.520, 246.530,
246.540, 246.550, 246.560, 246.565, 246.570, 246.580, 246.590,
246.600 and 246.610 by sections 4 to 14 of this 2001 Act do not
affect any agreement for the sale of voting machines or vote
tally systems entered into prior to the effective date of this
2001 Act.
(2) The amendments to ORS 246.590 by section 12 of this 2001
Act are intended to change the name of the Voting Machine Account
to the Vote Tally System Account. Moneys in the account on the
operative date of the amendments to ORS 246.590 by section 12 of
this 2001 Act shall remain in the account and may be used for
purposes described in ORS 246.590, as amended by section 12 of
this 2001 Act. + }
SECTION 26. { + Except as provided in section 28 of this 2001
Act, the amendments to statutes by sections 3 to 23 of this 2001
Act and the repeal of statutes by section 24 of this 2001 Act
become operative on ___. + }
SECTION 27. { + The Secretary of State shall adopt rules under
section 2 of this 2001 Act not later than ___. Notwithstanding
any provision of section 2 of this 2001 Act, counties in this
state shall conduct elections using ballots that comply with the
uniform requirements prescribed by the secretary by rule under
section 2 of this 2001 Act beginning with the biennial primary
election held on the third Tuesday in ___. + }
SECTION 28. { + The Secretary of State may take any action
before the operative date of the amendments to statutes by
sections 3 to 23 of this 2001 Act and the repeal of statutes by
section 24 of this 2001 Act that is necessary to enable the
secretary to exercise, on and after the operative date of the
amendments to statutes by sections 3 to 23 of this 2001 Act and
the repeal of statutes by section 24 of this 2001 Act, all the
duties, functions and powers conferred on the secretary by the
amendments to statutes by sections 3 to 23 of this 2001 Act. + }
SECTION 29. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect on
its passage. + }
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