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 3993
A-Engrossed
House Bill 3595
Ordered by the House May 18
Including House Amendments dated May 18
Sponsored by COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC
AFFAIRS (at the request of Jane Lokan, Linda Flores, Marge
Hughes)
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.
Changes time polls close from 8 pm to { - 5 - } { + 6 + }
pm. Changes time county clerk's office closes on election day
from 8 pm to { - 5 - } { + 6 + } pm. Changes time electors
must complete specified actions on election day from 8 pm to
{ - 5 - } { + 6 + } pm.
A BILL FOR AN ACT
Relating to conduct of elections; creating new provisions; and
amending ORS 246.270, 247.303, 253.005, 253.030, 253.070,
254.325 and 254.470.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 254.325 is amended to read:
254.325. (1) The polls shall be open from 7 a.m. to { - 8
p.m. - } { + 6 p.m. + } of the same day except that if federal
law or regulations require a particular hour for poll closure,
the polls, for any election, shall close at that hour.
(2) The first election board shall meet not later than 6:30
a.m. at the polling place on election day. It shall act until the
count and tally of ballots is completed, until the polls are
closed and the ballots removed for counting, or until relieved by
an additional board. While the polls are open, no more than one
board clerk shall be out of the presence of the others.
(3) The election board, immediately before the opening of the
polls, shall insure that the ballot boxes are empty. The boxes
shall not be reopened except to count the ballots.
(4) At 7 a.m. the board chairperson shall publicly announce the
opening of the polls. Thirty minutes before closing the polls the
chairperson shall publicly announce that the polls will be closed
in half an hour.
(5) The ballot boxes, poll book, ballot stubs, return sheets
and tally sheets shall be constantly kept together in view of the
board clerks and other persons permitted to be present from the
opening of the polls until the clerks complete their duties.
(6) If an elector attempts to vote at the wrong polling place,
the board shall assist the elector in locating the proper polling
place.
(7) When the polls close, electors who are at the polling place
waiting to vote shall be considered to have begun the act of
voting.
SECTION 2. 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. - }
{ + 6 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.
(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. - } { + 6 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 3. ORS 246.270 is amended to read:
246.270. On the day of any biennial primary election, general
election or special election held throughout the county, the
county clerk's office shall remain open for business pertaining
to the election from 7 a.m. to { - 8 p.m. - } { + 6 p.m. + }
of the same day.
SECTION 4. ORS 247.303 is amended to read:
247.303. Notwithstanding ORS 247.025, an elector whose
registration is active or inactive may update the registration at
any time before { - 8 p.m. - } { + 6 p.m. + } on the day of
the election.
SECTION 5. ORS 253.005 is amended to read:
253.005. As used in this chapter:
(1) 'Clerk' means the county clerk.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(4) 'Absent elector' means a person to whom the county clerk
has issued a ballot prior to { - 8 p.m. - } { + 6 p.m. + }
the day of the election in the case of an election conducted at
polling places, or prior to the mailing of ballots under ORS
254.470 (3)(a) for an election conducted by mail.
SECTION 6. ORS 253.030 is amended to read:
253.030. (1) Before an election any elector may apply to the
clerk for the absentee ballot of the election.
(2) An application for an absentee ballot must:
(a) Be in writing and signed by the applicant; and
(b) Be received by the clerk not later than { - 8 p.m. - }
{ + 6 p.m. + }the day of the election.
(3) If an applicant not affiliated with any political party
desires to vote in any major political party biennial primary
election, the applicant may request and shall be sent a ballot
for a major political party if that political party has provided
under ORS 254.365 for a biennial primary election that admits
electors not affiliated with any political party.
(4) Application for an absentee ballot may be made by using a
facsimile machine. As used in this subsection, 'facsimile
machine' means a machine that electronically transmits or
receives facsimiles of documents through connection with a
telephone network.
(5) If an elector desires, the elector's application shall be
valid for every subsequent election until the elector otherwise
notifies the clerk or is no longer an elector of the county.
SECTION 7. ORS 253.070 is amended to read:
253.070. Upon receipt of a ballot the absent elector shall mark
it and comply with the instructions provided with the ballot.
The absent elector may return the marked ballot to the office of
the clerk, by any appropriate means. The ballot must be received
by a county clerk not later than { - 8 p.m. - } { + 6
p.m. + } of the day of the election. If a county clerk receives a
ballot for an elector who does not reside in the clerk's county,
the ballot shall be forwarded to the county clerk of the county
in which the elector resides not later than the eighth day after
the election.
SECTION 8. { + The amendments to ORS 254.325, 254.470,
246.270, 247.303, 253.005, 253.030 and 253.070 by sections 1 to 7
of this 2001 Act apply only to elections conducted on or after
the effective date of this 2001 Act. + }
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