71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3742
 
LC 4048/HB 3742-5
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3742
 
    By COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC AFFAIRS
 
                             June 8
 
  On page 1 of the printed bill, line 2, after the semicolon
delete the rest of the line and insert 'creating new provisions;
and amending ORS 253.065, 253.070, 254.470, 254.485, 254.545,
254.546, 254.555 and 254.565.'.
  Delete lines 4 through 31 and delete pages 2 and 3 and insert:
  '  { +  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  { +  county + } 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  { + either + } by mail  { + or + } 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) - }   { + (6) + } 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) - }  { +  (7) + }   { - This subsection applies to
an elector to whom subsection (3) or (4) of this section
applies. - }  Upon receipt of
  { - the - }   { + any + } ballot  { + described in this
section, + } the elector shall mark
  { - it - }  { +  the ballot + }, 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 { +  or any location described in ORS 254.472 or
254.474 + }. 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 - }   { + If the
elector deposits the ballot at the office of the county clerk,
any place of deposit designated by the county clerk or any
location described in ORS 254.472 or 254.474, the + } ballot must
be received at the office of the county clerk { + , + }
 { - or - }  the designated place of deposit  { + or any location
described in ORS 254.472 or 254.474 + } not later than the end of
the period determined under subsection (2) of this section on the
date of the election.  { + If the elector returns the ballot by
mail, the elector must provide the postage and:
  ' (a) The ballot must be received at the office of the county
clerk not later than the end of the period determined under
subsection (2) of this section on the date of the election; or
  ' (b) The ballot must be postmarked not later than the date of
the election and received at the office of the county clerk not
later than seven calendar days after the date of the election.
  ' (8) The following shall appear on the return identification
envelope:
  ' (a) Space for the elector to sign the envelope;
  ' (b) A notice stating: 'IF YOU MAIL YOUR BALLOT, IT MUST BE
POSTMARKED NO LATER THAN ELECTION DAY.' The statement shall be
printed on the front of the envelope;
  ' (c) Space for the elector to indicate the date the ballot was
voted; and
  ' (d) A summary of the applicable penalties for knowingly
making a false statement, oath or affidavit under the election
laws. The summary shall be printed immediately adjacent to the
space for the elector's signature.
  ' (9)(a) If the elector returns the ballot by mail, and the
postmark is not present or legible, the ballot shall be
considered to be postmarked on the date the ballot was voted as
indicated by the elector on the return identification envelope.
  ' (b) If a ballot is received by the county clerk by mail after
the date of the election, the ballot shall not be counted if:
  ' (A) The postmark is not present or legible; and
  ' (B) The elector has not indicated on the return
identification envelope a date that the ballot was voted.
  ' (c) The Secretary of State may adopt rules necessary to
implement this subsection. + }
  '  { - (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.
 { + Notwithstanding any deadline for mailing ballots in
subsection (3) or (4) of this section, a replacement ballot may
be mailed, made available in the office of the county clerk or
made available at one central location in the electoral district
in which the election is conducted. The county clerk shall
designate the central location.  A replacement ballot need not be
mailed after the fifth day before the date of the election. + }
  '  { - (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  { + county + } clerk's office { + , + }
 { - or - }  a site designated under subsection (2) of this
section  { + or any location described in ORS 254.472 or
254.474 + } 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. + } ORS 253.065 is amended to read:
 
  ' 253.065. (1) For electors with mailing addresses outside this
state, the county clerk shall deliver an absentee ballot:
  ' (a) Not later than the 45th day before the election to each
long term absent elector; and
  ' (b) Not sooner than the 29th day before the election to each
elector with a mailing address outside this state who is not a
long term absent elector.
  ' (2) For electors with mailing addresses in this state, except
if requested by the elector, absentee ballots delivered by mail
shall be delivered:
  ' (a) For biennial primary elections and general elections, or
any statewide special election for which a voters' pamphlet is
prepared, not sooner than the date the Secretary of State first
mails the voters' pamphlet under ORS 251.175; or
  ' (b) In the case of an election for which a statewide voters'
pamphlet is not required to be prepared, not sooner than the 20th
day before the date of the election.
  ' (3) The ballot may be delivered to the absent elector in the
office of the clerk, by postage prepaid mail or by any other
appropriate means.
  ' (4) The clerk shall deliver with the ballot instructions for
marking and returning the ballot, a return identification
envelope and a secrecy envelope. The name, official title and
address of the clerk shall appear on the front of the  { + return
identification + } envelope.   { - On the back shall appear - }
 { + The back of the return identification envelope shall
contain:
  ' (a) Space for the elector to sign the envelope;
  ' (b) A notice stating: 'IF YOU MAIL YOUR BALLOT, IT MUST BE
POSTMARKED NO LATER THAN ELECTION DAY.' The statement shall be
printed on the front of the envelope. This paragraph does not
apply to ballots mailed to long term absent electors as defined
in ORS 253.510;
  ' (c) Space for the elector to indicate the date the ballot was
voted;
  ' (d) A summary of the applicable penalties for knowingly
making a false statement, oath or affidavit under the election
laws. The summary shall be printed immediately adjacent to the
space for the elector's signature; and
  ' (e)  + }A statement to be signed by the absent elector,
stating that the elector:
  '  { - (a) - }   { + (A) + } Is qualified to vote;
  '  { - (b) - }   { + (B) + } Unless prevented by physical
disability, has personally marked the ballot; and
  '  { - (c) - }   { + (C) + } Has not unnecessarily exhibited
the marked ballot to any other person.
  ' (5) Notwithstanding subsections (1) and (2) of this section,
if the county clerk receives an application for an absentee
ballot after the fifth day before an election, the county clerk
need not mail the ballot for that election but may deliver the
ballot by making it available in the office of the clerk.
  ' (6) 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.
  ' (7) A replacement ballot may be mailed or shall be made
available in the office of the county clerk.
  ' (8) If the county clerk determines that an elector to whom a
replacement ballot has been issued at the request of the elector
has voted more than once, the county clerk shall not count any
ballot cast by the elector. If the county clerk is required to
reissue ballots due to a change on the ballot for any reason,
that ballot shall be counted in lieu of any previous ballot
issued unless:
  ' (a) Only the original ballot was voted and returned; or
 
  ' (b) The county clerk issued a supplemental ballot that is not
a complete replacement of the original ballot.
  '  { +  SECTION 3. + } ORS 253.070 is amended to read:
  ' 253.070.  { + (1) + } 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.
  '  { +  (2) If the absent elector returns the marked ballot by
any means other than by mail, + } the ballot must be received by
a county clerk not later than 8 p.m. of the day of the election.
  '  { +  (3) If the absent elector returns the marked ballot by
mail, the absent elector must provide the postage and:
  ' (a) The ballot must be received by a county clerk not later
than 8 p.m. of the day of the election; or
  ' (b) The ballot must be postmarked not later than the date of
the election and received by a county clerk not later than seven
calendar days after the date of the election. The postmark
requirement of this paragraph does not apply to ballots returned
by long term absent electors as defined in ORS 253.510.
  ' (4)(a) If the elector returns the marked ballot by mail, and
the postmark is not present or legible, the ballot shall be
considered to be postmarked on the date the ballot was voted as
indicated by the elector on the return identification envelope.
  ' (b) If a ballot is received by the county clerk by mail after
the date of the election, the ballot shall not be counted if:
  ' (A) The postmark is not present or legible; and
  ' (B) The elector has not indicated on the return
identification envelope a date that the ballot was voted.
  ' (c) The Secretary of State may adopt rules necessary to
implement this subsection.
  ' (5) + } If a county clerk receives a  { + marked + } 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 4. + } ORS 254.485 is amended to read:
  ' 254.485. (1) Ballots may be tallied by a vote tally system or
by a counting board. A counting board may tally ballots at the
precinct or in the office of the county clerk. In any event, the
ballots shall be tallied and returned by precinct.
  ' (2) If a vote tally system is used or if a counting board has
been appointed, the tally of ballots may begin before the polls
close.
  ' (3) If ballots are tallied by a counting board, after the
tally has begun it shall continue until completed. A counting
board shall tally without adjournment and in the presence of the
clerks and persons authorized to attend. However, the board may
be relieved by another board if the tally is not completed after
12 hours.
  ' (4) A counting board shall audibly announce the tally as it
proceeds. The board shall use only pen and ink to tally.
  ' (5) No person other than the county clerk, a member of a
counting board or any other elections official designated by the
county clerk may tally ballots under this chapter.
  '  { +  (6) In an election conducted by mail, if ballots are
received after the date of the election, the county clerk shall
announce the status of the tally of the ballots received after
the date of the election on the third and eighth calendar days
after the date of the election. + }
  '  { +  SECTION 5. + } ORS 254.545 is amended to read:
  ' 254.545. The county clerk:
  ' (1) As soon as possible after any election, shall prepare
abstracts of votes. The abstract for election of Governor shall
be on a sheet separate from the abstracts for other offices and
measures.
 
  ' (2) On completion of the abstracts, shall record a complete
summary of votes cast in the county for each office, candidate
for office and measure. The county clerk shall sign and certify
this record. After the biennial primary election, the county
clerk, for each office for which the clerk is filing officer,
shall enter in a register of nominations the name and, if
applicable, major political party of each candidate nominated,
the office for which the candidate is nominated, and the date of
entry.
  ' (3) Not later than the   { - 20th - }   { + 27th + } day
after the election, shall deliver a copy of the abstracts for
other than county offices to the appropriate elections officials.
The abstract for election of Governor shall be delivered
separately to the Secretary of State as provided in section 4,
Article V, Oregon Constitution.
  ' (4) Not later than the 30th day after the election, shall
proclaim which county measure is paramount, if two or more
approved county measures contain conflicting provisions.
  ' (5) Shall prepare and deliver a certificate of nomination or
election to each candidate having the most votes for nomination
for or election to county or precinct offices.
  ' (6) Shall prepare, and file with the county governing body, a
certificate stating the compensation to which the board clerks
are entitled. The county governing body shall order the
compensation paid by county funds.
  '  { +  SECTION 6. + } ORS 254.546 is amended to read:
  ' 254.546. (1) In the case of a recall election held on a date
other than the date of the biennial primary election or general
election, the county clerk shall prepare an abstract of the votes
and deliver it to the appropriate officials not later than the
 { - 20th - }   { + 27th + } day after the election.
  ' (2) For purposes of section 18, Article II, Oregon
Constitution, the result of the recall election referred to in
subsection (1) of this section shall be considered officially
declared on the date the abstract of the votes is delivered.
  '  { +  SECTION 7. + } ORS 254.555 is amended to read:
  ' 254.555. (1) Not later than the   { - 30th - }   { + 35th + }
day after any election, the Secretary of State, regarding offices
for which the secretary receives filings for nomination, shall:
  ' (a) Canvass the votes for the offices, except the office of
Governor after the general election.
  ' (b) Enter in a register of nominations after the biennial
primary election the name and, if applicable, major political
party of each candidate nominated, the office for which the
candidate is nominated, and the date of entry.
  ' (c) Prepare and deliver a certificate of nomination or
election to each candidate having the most votes for nomination
for or election to the office. The Secretary of State shall sign
the certificate under the seal of the state.
  ' (d) Issue a proclamation declaring the election of candidates
to the offices.
  ' (2) Not later than the   { - 30th - }   { + 35th + } day
after the election:
  ' (a) The Secretary of State, regarding measures for which the
secretary as the filing officer, shall canvass the votes for each
measure.
  ' (b) The Governor shall issue a proclamation giving the number
of votes cast for or against each such measure, and declaring the
approved measures as the law on the effective date of the
measure. If two or more approved measures contain conflicting
provisions, the Governor shall proclaim which is paramount.
  '  { +  SECTION 8. + } ORS 254.565 is amended to read:
  ' 254.565. The chief city elections officer:
  ' (1) After the biennial primary election, shall enter in a
register of nominations:
 
  ' (a) The name of each candidate for city office nominated at
the biennial primary election.
  ' (b) The office for which the candidate is nominated.
  ' (c) If applicable, the name of the major political party
nominating the candidate.
  ' (d) The date of the entry.
  ' (2) After the general election, shall prepare and deliver a
certificate of election to each qualified candidate having the
most votes for election to a city office.
  ' (3) Not later than the   { - 30th - }   { + 35th + } day
after any election, shall canvass the vote on each city measure,
and if two or more of the approved measures contain conflicting
provisions, proclaim which is paramount.
  '  { +  SECTION 9. + } ORS 254.470, as amended by section 1 of
this 2001 Act, 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) 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 county 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 either by mail or 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.
  ' (6) 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.
' _______________________________________________________________
  ' (7) Upon receipt of any ballot described in this section, the
elector shall mark the ballot, 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, any
place of deposit designated by the county clerk or any location
described in ORS 254.472 or 254.474. The ballot must be returned
in the return identification envelope.  { + If the elector
returns the ballot by mail, the elector must provide the
postage. + }   { - If the elector deposits the ballot at the
office of the county clerk, any place of deposit designated by
the county clerk or any location described in ORS 254.472 or
254.474, the - }   { + A + } ballot must be received at the
office of the county clerk, the designated place of deposit or
any location described in ORS 254.472 or 254.474 not later than
the end of the period determined under subsection (2) of this
section on the date of the election.   { - If the elector returns
the ballot by mail, the elector must provide the postage and: - }
 
  '  { - (a) The ballot must be received at the office of the
county clerk not later than the end of the period determined
under subsection (2) of this section on the date of the election;
or - }
  '  { - (b) The ballot must be postmarked not later than the
date of the election and received at the office of the county
clerk not later than seven calendar days after the date of the
election. - }
  '  { - (8) The following shall appear on the return
identification envelope: - }
  '  { - (a) Space for the elector to sign the envelope; - }
  '  { - (b) A notice stating: 'IF YOU MAIL YOUR BALLOT, IT MUST
BE POSTMARKED NO LATER THAN ELECTION DAY.' The statement shall be
printed on the front of the envelope; - }
  '  { - (c) Space for the elector to indicate the date the
ballot was voted; and - }
  '  { - (d) A summary of the applicable penalties for knowingly
making a false statement, oath or affidavit under the election
laws. The summary shall be printed immediately adjacent to the
space for the elector's signature. - }
  '  { - (9)(a) If the elector returns the ballot by mail, and
the postmark is not present or legible, the ballot shall be
considered to be postmarked on the date the ballot was voted as
indicated by the elector on the return identification
envelope. - }
  '  { - (b) If a ballot is received by the county clerk by mail
after the date of the election, the ballot shall not be counted
if: - }
  '  { - (A) The postmark is not present or legible; and - }
  '  { - (B) The elector has not indicated on the return
identification envelope a date that the ballot was voted. - }
  '  { - (c) The Secretary of State may adopt rules necessary to
implement this subsection. - }
  '  { - (10) - }   { + (8) + } 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.
Notwithstanding any deadline for mailing ballots in subsection
(3) or (4) of this section, a replacement ballot may be mailed,
made available in the office of the county clerk or made
available at one central location in the electoral district in
which the election is conducted. The county clerk shall designate
the central location.  A replacement ballot need not be mailed
after the fifth day before the date of the election.
  '  { - (11) - }   { + (9) + } 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
  { - (12) - }  { +  (10) + } of this section.
  '  { - (12) - }   { + (10) + } 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.
  '  { - (13) - }   { + (11) + } At 8 p.m. on election day,
electors who are at the county clerk's office, a site designated
under subsection (2) of this section or any location described in
ORS 254.472 or 254.474 and who are in line waiting to vote or
deposit a voted ballot shall be considered to have begun the act
of voting.
  '  { +  SECTION 10. + }  { + The amendments to ORS 254.470 by
section 9 of this 2001 Act become operative on January 2,
2005. + }
  '  { +  SECTION 11. + } ORS 253.065, as amended by section 2 of
this 2001 Act, is amended to read:
  ' 253.065. (1) For electors with mailing addresses outside this
state, the county clerk shall deliver an absentee ballot:
  ' (a) Not later than the 45th day before the election to each
long term absent elector; and
  ' (b) Not sooner than the 29th day before the election to each
elector with a mailing address outside this state who is not a
long term absent elector.
  ' (2) For electors with mailing addresses in this state, except
if requested by the elector, absentee ballots delivered by mail
shall be delivered:
  ' (a) For biennial primary elections and general elections, or
any statewide special election for which a voters' pamphlet is
prepared, not sooner than the date the Secretary of State first
mails the voters' pamphlet under ORS 251.175; or
  ' (b) In the case of an election for which a statewide voters'
pamphlet is not required to be prepared, not sooner than the 20th
day before the date of the election.
 
  ' (3) The ballot may be delivered to the absent elector in the
office of the clerk, by postage prepaid mail or by any other
appropriate means.
  ' (4) The clerk shall deliver with the ballot instructions for
marking and returning the ballot, a return identification
envelope and a secrecy envelope. The name, official title and
address of the clerk shall appear on the front of the return
identification envelope. The back of the return identification
envelope shall contain  { - : - }
  '  { - (a) Space for the elector to sign the envelope; - }
  '  { - (b) A notice stating: 'IF YOU MAIL YOUR BALLOT, IT MUST
BE POSTMARKED NO LATER THAN ELECTION DAY.' The statement shall be
printed on the front of the envelope. This paragraph does not
apply to ballots mailed to long term absent electors as defined
in ORS 253.510; - }
  '  { - (c) Space for the elector to indicate the date the
ballot was voted; - }
  '  { - (d) A summary of the applicable penalties for knowingly
making a false statement, oath or affidavit under the election
laws. The summary shall be printed immediately adjacent to the
space for the elector's signature; and - }
  '  { - (e) - }  a statement to be signed by the absent elector,
stating that the elector:
  '  { - (A) - }   { + (a) + } Is qualified to vote;
  '  { - (B) - }   { + (b) + } Unless prevented by physical
disability, has personally marked the ballot; and
  '  { - (C) - }   { + (c) + } Has not unnecessarily exhibited
the marked ballot to any other person.
  ' (5) Notwithstanding subsections (1) and (2) of this section,
if the county clerk receives an application for an absentee
ballot after the fifth day before an election, the county clerk
need not mail the ballot for that election but may deliver the
ballot by making it available in the office of the clerk.
  ' (6) 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.
  ' (7) A replacement ballot may be mailed or shall be made
available in the office of the county clerk.
  ' (8) If the county clerk determines that an elector to whom a
replacement ballot has been issued at the request of the elector
has voted more than once, the county clerk shall not count any
ballot cast by the elector. If the county clerk is required to
reissue ballots due to a change on the ballot for any reason,
that ballot shall be counted in lieu of any previous ballot
issued unless:
  ' (a) Only the original ballot was voted and returned; or
  ' (b) The county clerk issued a supplemental ballot that is not
a complete replacement of the original ballot.
  '  { +  SECTION 12. + }  { + The amendments to ORS 253.065 by
section 11 of this 2001 Act become operative on January 2,
2005. + }
  '  { +  SECTION 13. + } ORS 253.070, as amended by section 3 of
this 2001 Act, is amended to read:
  ' 253.070. (1) 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.
  ' (2)   { - If the absent elector returns the marked ballot by
any means other than by mail, - }  The ballot must be received by
a county clerk not later than 8 p.m. of the day of the election.
  '  { - (3) If the absent elector returns the marked ballot by
mail, the absent elector must provide the postage and: - }
  '  { - (a) The ballot must be received by a county clerk not
later than 8 p.m. of the day of the election; or - }
 
  '  { - (b) The ballot must be postmarked not later than the
date of the election and received by a county clerk not later
than seven calendar days after the date of the election. The
postmark requirement of this paragraph does not apply to ballots
returned by long term absent electors as defined in ORS
253.510. - }
  '  { - (4)(a) If the elector returns the marked ballot by mail,
and the postmark is not present or legible, the ballot shall be
considered to be postmarked on the date the ballot was voted as
indicated by the elector on the return identification
envelope. - }
  '  { - (b) If a ballot is received by the county clerk by mail
after the date of the election, the ballot shall not be counted
if: - }
  '  { - (A) The postmark is not present or legible; and - }
  '  { - (B) The elector has not indicated on the return
identification envelope a date that the ballot was voted. - }
  '  { - (c) The Secretary of State may adopt rules necessary to
implement this subsection. - }
  '  { - (5) - }   { + (3) + } If a county clerk receives a
marked 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 14. + }  { + The amendments to ORS 253.070 by
section 13 of this 2001 Act become operative on January 2,
2005. + }
  '  { +  SECTION 15. + } ORS 254.485, as amended by section 4 of
this 2001 Act, is amended to read:
  ' 254.485. (1) Ballots may be tallied by a vote tally system or
by a counting board. A counting board may tally ballots at the
precinct or in the office of the county clerk. In any event, the
ballots shall be tallied and returned by precinct.
  ' (2) If a vote tally system is used or if a counting board has
been appointed, the tally of ballots may begin before the polls
close.
  ' (3) If ballots are tallied by a counting board, after the
tally has begun it shall continue until completed. A counting
board shall tally without adjournment and in the presence of the
clerks and persons authorized to attend. However, the board may
be relieved by another board if the tally is not completed after
12 hours.
  ' (4) A counting board shall audibly announce the tally as it
proceeds. The board shall use only pen and ink to tally.
  ' (5) No person other than the county clerk, a member of a
counting board or any other elections official designated by the
county clerk may tally ballots under this chapter.
  '  { - (6) In an election conducted by mail, if ballots are
received after the date of the election, the county clerk shall
announce the status of the tally of the ballots received after
the date of the election on the third and eighth calendar days
after the date of the election. - }
  '  { +  SECTION 16. + }  { + The amendments to ORS 254.485 by
section 15 of this 2001 Act become operative on January 2,
2005. + }
  '  { +  SECTION 17. + } ORS 254.545, as amended by section 5 of
this 2001 Act, is amended to read:
  ' 254.545. The county clerk:
  ' (1) As soon as possible after any election, shall prepare
abstracts of votes. The abstract for election of Governor shall
be on a sheet separate from the abstracts for other offices and
measures.
  ' (2) On completion of the abstracts, shall record a complete
summary of votes cast in the county for each office, candidate
for office and measure. The county clerk shall sign and certify
this record. After the biennial primary election, the county
clerk, for each office for which the clerk is filing officer,
shall enter in a register of nominations the name and, if
applicable, major political party of each candidate nominated,
the office for which the candidate is nominated, and the date of
entry.
  ' (3) Not later than the   { - 27th - }   { + 20th + } day
after the election, shall deliver a copy of the abstracts for
other than county offices to the appropriate elections officials.
The abstract for election of Governor shall be delivered
separately to the Secretary of State as provided in section 4,
Article V, Oregon Constitution.
  ' (4) Not later than the 30th day after the election, shall
proclaim which county measure is paramount, if two or more
approved county measures contain conflicting provisions.
  ' (5) Shall prepare and deliver a certificate of nomination or
election to each candidate having the most votes for nomination
for or election to county or precinct offices.
  ' (6) Shall prepare, and file with the county governing body, a
certificate stating the compensation to which the board clerks
are entitled. The county governing body shall order the
compensation paid by county funds.
  '  { +  SECTION 18. + }  { + The amendments to ORS 254.545 by
section 17 of this 2001 Act become operative on January 2,
2005. + }
  '  { +  SECTION 19. + } ORS 254.546, as amended by section 6 of
this 2001 Act, is amended to read:
  ' 254.546. (1) In the case of a recall election held on a date
other than the date of the biennial primary election or general
election, the county clerk shall prepare an abstract of the votes
and deliver it to the appropriate officials not later than the
 { - 27th - }   { + 20th + } day after the election.
  ' (2) For purposes of section 18, Article II, Oregon
Constitution, the result of the recall election referred to in
subsection (1) of this section shall be considered officially
declared on the date the abstract of the votes is delivered.
  '  { +  SECTION 20. + }  { + The amendments to ORS 254.546 by
section 19 of this 2001 Act become operative on January 2,
2005. + }
  '  { +  SECTION 21. + } ORS 254.555, as amended by section 7 of
this 2001 Act, is amended to read:
  ' 254.555. (1) Not later than the   { - 35th - }   { + 30th + }
day after any election, the Secretary of State, regarding offices
for which the secretary receives filings for nomination, shall:
  ' (a) Canvass the votes for the offices, except the office of
Governor after the general election.
  ' (b) Enter in a register of nominations after the biennial
primary election the name and, if applicable, major political
party of each candidate nominated, the office for which the
candidate is nominated, and the date of entry.
  ' (c) Prepare and deliver a certificate of nomination or
election to each candidate having the most votes for nomination
for or election to the office. The Secretary of State shall sign
the certificate under the seal of the state.
  ' (d) Issue a proclamation declaring the election of candidates
to the offices.
  ' (2) Not later than the   { - 35th - }   { + 30th + } day
after the election:
  ' (a) The Secretary of State, regarding measures for which the
secretary as the filing officer, shall canvass the votes for each
measure.
  ' (b) The Governor shall issue a proclamation giving the number
of votes cast for or against each such measure, and declaring the
approved measures as the law on the effective date of the
measure. If two or more approved measures contain conflicting
provisions, the Governor shall proclaim which is paramount.
 
  '  { +  SECTION 22. + }  { + The amendments to ORS 254.555 by
section 21 of this 2001 Act become operative on January 2,
2005. + }
  '  { +  SECTION 23. + } ORS 254.565, as amended by section 8 of
this 2001 Act, is amended to read:
  ' 254.565. The chief city elections officer:
  ' (1) After the biennial primary election, shall enter in a
register of nominations:
  ' (a) The name of each candidate for city office nominated at
the biennial primary election.
  ' (b) The office for which the candidate is nominated.
  ' (c) If applicable, the name of the major political party
nominating the candidate.
  ' (d) The date of the entry.
  ' (2) After the general election, shall prepare and deliver a
certificate of election to each qualified candidate having the
most votes for election to a city office.
  ' (3) Not later than the   { - 35th - }   { + 30th + } day
after any election, shall canvass the vote on each city measure,
and if two or more of the approved measures contain conflicting
provisions, proclaim which is paramount.
  '  { +  SECTION 24. + }  { + The amendments to ORS 254.565 by
section 23 of this 2001 Act become operative on January 2,
2005. + } ' .
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