72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 490
B-Engrossed
House Bill 2145
Ordered by the House April 22
Including House Amendments dated February 3 and April 22
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Secretary of State Bill
Bradbury for Oregon Association of County Clerks)
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.
Implements provisions of federal Help America Vote Act of 2002.
Creates Elections Fund to receive payments made to state under
federal law.
Allows Secretary of State to receive ballots from long term
absent electors.
Extends deadline for Secretary of State to implement
centralized voter registration system to January 1, 2006.
Directs Secretary of State to establish complaint procedures in
compliance with Help America Vote Act of 2002.
Limits expenditure of federal funds for activities under Help
America Vote Act of 2002.
{ + Limits expenditures from General Fund for purposes of
Act. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
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. + }
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