Chapter 64 Oregon Laws 2003

AN ACT

HB 2145

Relating to elections; creating new provisions; amending ORS 183.315 and 246.200 and section 1, chapter 815, Oregon Laws 2001; appropriating money; limiting expenditures; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2 and 7 of this 2003 Act are added to and made a part of ORS chapter 246.

SECTION 2. (1) The Elections Fund is established separate and distinct from the General Fund of the State Treasury. Interest earned by the Elections Fund shall be credited to the fund.

(2) The Elections Fund consists of:

(a) Amounts appropriated or otherwise made available by the Legislative Assembly or this state for carrying out the activities for which payments are made to this state under the federal Help America Vote Act of 2002 (P.L. 107-252);

(b) Payments made to this state under the federal Help America Vote Act of 2002 (P.L. 107-252);

(c) Other amounts as may be appropriated by law; and

(d) Interest earned on deposits in the fund.

(3) Moneys deposited to the credit of the Elections Fund are continuously appropriated to the Secretary of State for the purpose of paying the expenses of carrying out the activities for which payments are made to this state under the federal Help America Vote Act of 2002 (P.L. 107-252).

SECTION 3. ORS 246.200 is amended to read:

246.200. (1) Except as specifically provided otherwise in the statute laws of this state, the county clerk shall be the only elections officer to conduct any election in this state. For the purpose of this section, the conduct of an election includes, but is not limited to, establishing precincts and polling places, preparing ballots and sample ballots, and receiving and processing votes.

(2) Notwithstanding subsection (1) of this section[,]:

(a) The county clerk is not the only elections officer who may accept and verify a filing for nomination or filing of a petition, prepare a voters’ pamphlet or ballot title, or prepare or publish an election notice; and

(b) The Secretary of State may receive ballots as provided in section 5 of this 2003 Act.

SECTION 4. Section 5 of this 2003 Act is added to and made a part of ORS 253.500 to 253.640.

SECTION 5. (1) The Secretary of State may receive ballots from long term absent electors.

(2) If the Secretary of State receives a ballot cast by a long term absent elector, the Secretary of State shall deliver the ballot to the county clerk or elections officer of the county in which the elector who cast the ballot is registered.

(3) A ballot received by the Secretary of State under this section not later than 8 p.m. of the day of the election shall be considered to have been received by the 8 p.m. deadline specified in ORS 253.070.

SECTION 6. Section 1, chapter 815, Oregon Laws 2001, is amended to read:

Sec. 1. (1) The Secretary of State, in conjunction with county clerks or other county officials in charge of elections, shall develop and implement a centralized voter registration system for the state as provided in this section. The system shall be a single, uniform, official, centralized, interactive, computerized statewide voter registration system.

(2) The Secretary of State shall first develop a detailed project definition for a centralized voter registration system, which may include but is not limited to a capability assessment for state and county elections staff, a project scope document, a detailed set of business and system requirements, including data descriptions and update cycles, a definition of the project management framework, schedule and cost estimates and a risk management plan.

(3) The Secretary of State shall provide a copy of the project definition to the Joint Legislative Committee on Information Management and Technology for review and comment during the interim between the 2001 and the 2003 regular sessions of the Legislative Assembly.

(4) Following review and comment by the Joint Legislative Committee on Information Management and Technology under subsection (3) of this section, the Secretary of State shall develop a detailed project management plan, including but not limited to a communication plan, a network configuration plan, a security management plan, a cost management plan and a project implementation plan with detailed schedule and cost estimates.

(5) Thereafter, the Secretary of State shall implement the project management plan, which may include but is not limited to the purchase of hardware and software and the implementation of other systems necessary to operate a centralized voter registration system for the state not later than January [31, 2004] 1, 2006.

SECTION 7. (1) The Secretary of State by rule shall establish administrative complaint procedures that meet the requirements of the federal Help America Vote Act of 2002 (P.L. 107-252).

(2) Complaints alleging violations of Title III of the federal Help America Vote Act of 2002 (P.L. 107-252) must be filed as provided in rules adopted under this section. Complaints alleging violations of Title III of the federal Help America Vote Act of 2002 (P.L. 107-252) may not be filed under ORS 260.345.

SECTION 8. ORS 183.315 is amended to read:

183.315. (1) The provisions of ORS 183.410, 183.415, 183.425, 183.440, 183.450, 183.452, 183.458, 183.460, 183.470 and 183.480 do not apply to local government boundary commissions created pursuant to ORS 199.425 or 199.430, the Department of Revenue, State Accident Insurance Fund Corporation, Department of Consumer and Business Services with respect to its functions under ORS chapters 654 and 656, Psychiatric Security Review Board or State Board of Parole and Post-Prison Supervision.

(2) ORS 183.310 to 183.550 do not apply with respect to actions of the Governor authorized under ORS chapter 240.

(3) The provisions of ORS 183.410, 183.415, 183.425, 183.440, 183.450, 183.452, 183.458 and 183.460 do not apply to the Employment Appeals Board or the Employment Department.

(4) The Employment Department shall be exempt from the provisions of ORS 183.310 to 183.550 to the extent that a formal finding of the United States Secretary of Labor is made that such provision conflicts with the terms of the federal law, acceptance of which by the state is a condition precedent to continued certification by the United States Secretary of Labor of the state’s law.

(5) The provisions of ORS 183.415 to 183.430, 183.440 to 183.460, 183.470 to 183.485 and 183.490 to 183.500 do not apply to orders issued to persons who:

(a) Have been committed pursuant to ORS 137.124 to the custody of the Department of Corrections or are otherwise confined in a Department of Corrections facility; or

(b) Seek to visit an inmate confined in a Department of Corrections facility.

(6) ORS 183.410, 183.415, 183.425, 183.440, 183.450, 183.460, 183.470 and 183.480 do not apply to the Public Utility Commission.

(7) The provisions of ORS 183.310 to 183.550 do not apply to the suspension, cancellation or termination of an apprenticeship or training agreement under ORS 660.060.

(8) The provisions of ORS 183.413 to 183.497 do not apply to administrative proceedings conducted under rules adopted by the Secretary of State under section 7 of this 2003 Act.

SECTION 9. Notwithstanding any other law limiting expenditures, the amount of $105,000 is established for the biennium ending June 30, 2003, as the maximum limit for payment of expenses from federal funds collected or received by the Secretary of State for the purpose of carrying out the activities for which payments are made to this state under the federal Help America Vote Act of 2002 (P.L. 107-252).

SECTION 10. Notwithstanding any other law limiting expenditures, the amount of $7,372,000 is established for the biennium beginning July 1, 2003, as the maximum limit for payment of expenses from federal funds collected or received by the Secretary of State for the purpose of carrying out the activities for which payments are made to this state under the federal Help America Vote Act of 2002 (P.L. 107-252).

SECTION 11. In addition to and not in lieu of any other appropriation, there is appropriated to the Secretary of State, for the biennium ending June 30, 2003, out of the General Fund, the amount of $270,000, for deposit in the Elections Fund established by section 2 of this 2003 Act.

SECTION 12. Notwithstanding any other law limiting expenditures, the amount of $270,000 is established for the biennium ending June 30, 2003, as the maximum limit for payment of expenses from moneys received by the Secretary of State under section 11 of this 2003 Act.

SECTION 13. Notwithstanding any other law appropriating moneys, limiting expenditures or otherwise adjusting appropriations or expenditure limitations, and in addition to any action taken by the Emergency Board and by the Legislative Assembly in special session, the authorized appropriation for the Secretary of State under section 1, chapter 62, Oregon Laws 2001, is reduced by the amount of $270,000 for the biennium ending June 30, 2003.

SECTION 14. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor April 29, 2003

Filed in the office of Secretary of State April 29, 2003

Effective date April 29, 2003

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