71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to A-Eng. HB 3742
LC 4048/HB 3742-A6
HOUSE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 3742
By COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC AFFAIRS
June 21
On page 1 of the printed A-engrossed bill, line 2, delete '
and'.
In line 3, after '254.565' insert '; and declaring an
emergency'.
On page 3, line 8, after 'than' insert 'the day before'.
In line 14, after 'THAN' insert 'THE DAY BEFORE'.
In line 24, delete 'shall' and insert 'may'.
In line 26, delete 'a' and insert 'the'.
On page 4, line 22, delete 'back of the'.
In line 25, after 'THAN' insert 'THE DAY BEFORE'.
On page 5, line 17, after 'than' insert 'the day before'.
In line 25, delete 'shall' and insert 'may'.
In line 27, delete 'a' and insert 'the'.
On page 7, delete lines 17 through 45 and delete pages 8
through 10.
On page 11, delete lines 1 through 17 and insert:
' { + 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
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 - } { + 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,
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 day
before 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 THE DAY BEFORE 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 may not be counted
if: - }
' { - (A) The postmark is not present or legible; and - }
' { - (B) The elector has not indicated on the return
identification envelope the 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 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 THE DAY BEFORE 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 day
before 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 may not be counted
if: - }
' { - (A) The postmark is not present or legible; and - }
' { - (B) The elector has not indicated on the return
identification envelope the 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.'.
On page 13, after line 13, insert:
' { + SECTION 25. + } { + The amendments to ORS 253.065,
253.070, 254.470, 254.485, 254.545, 254.546, 254.555 and 254.565
by sections 1 to 8 of this 2001 Act become operative on March 13,
2002. + }
' { + SECTION 26. + } { + (1) The Secretary of State and
county clerks may take any action before the operative date of
the amendments to ORS 253.065, 253.070, 254.470, 254.485,
254.545, 254.546, 254.555 and 254.565 by sections 1 to 8 of this
2001 Act that is necessary to enable the secretary and county
clerks to exercise, on and after the operative date of the
amendments to ORS 253.065, 253.070, 254.470, 254.485, 254.545,
254.546, 254.555 and 254.565 by sections 1 to 8 of this 2001 Act,
all the duties, functions and powers conferred on the secretary
and county clerks by the amendments to ORS 253.065, 253.070,
254.470, 254.485, 254.545, 254.546, 254.555 and 254.565 by
sections 1 to 8 of this 2001 Act.
' (2) The Secretary of State and county clerks may take any
action before the operative date of the amendments to ORS
253.065, 253.070, 254.470, 254.485, 254.545, 254.546, 254.555 and
254.565 by sections 9, 11, 13, 15, 17, 19, 21 and 23 of this 2001
Act that is necessary to enable the secretary and county clerks
to exercise, on and after the operative date of the amendments to
ORS 253.065, 253.070, 254.470, 254.485, 254.545, 254.546, 254.555
and 254.565 by sections 9, 11, 13, 15, 17, 19, 21 and 23 of this
2001 Act, all the duties, functions and powers conferred on the
secretary and county clerks by the amendments to ORS 253.065,
253.070, 254.470, 254.485, 254.545, 254.546, 254.555 and 254.565
by sections 9, 11, 13, 15, 17, 19, 21 and 23 of this 2001
Act. + }
' { + SECTION 27. + } { + 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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