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 1654
A-Engrossed
House Bill 2825
Ordered by the House May 2
Including House Amendments dated May 2
Sponsored by COMMITTEE ON RULES AND PUBLIC AFFAIRS
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.
Directs county clerks to mail ballots on { - 10th - }
{ + 11th + } day before date of election conducted by mail.
Directs county clerks to mail ballots on 20th day before date of
election conducted by mail to electors who do not receive daily
postal service or who have mailing addresses outside state.
Requires ballots to be delivered to and received by elections
officials by 8 p.m. on election day in order to be counted.
{ - Deletes provisions allowing acceptance of ballots from
persons waiting to vote or deposit voted ballot. - }
A BILL FOR AN ACT
Relating to ballots; amending ORS 253.065, 254.325 and 254.470.
Be It Enacted by the People of the State of Oregon:
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) 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 rules shall also specify the
dates and times the places of deposit must be open and the
security requirements for the places of deposit. At a minimum,
the places designated under this section shall be open on the
date of the election for a period of eight or more hours, but
must be open until at least 8 p.m. At each place of deposit
designated under this section, the county clerk shall prominently
display a sign stating that the location is an official ballot
drop site.
(3)(a) Except as provided in paragraphs (b) { - , (c) and
(d) - } { + and (c) + } of this subsection, { + on the 11th day
before the date of an election conducted by mail, + } 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) On the 20th day before the date of an election
conducted by mail, the county clerk shall mail by nonforwardable
mail an official ballot with a return identification envelope and
a secrecy envelope to each active elector of the electoral
district as of the 21st day before the date of the election who:
(A) The county clerk determines does not receive daily mail
service from the United States Postal Service; or
(B) Has a mailing address outside this state and is not a long
term absent elector. + }
{ - (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 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 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 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 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 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, at any
place of deposit designated by the county clerk or at 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 ballot must be received at the office of the county clerk, the
designated place of deposit or at 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.
(8) An elector may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost or not received by the elector.
Replacement ballots shall be issued and processed as described in
this section and ORS 254.480. 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.
(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 (10) of
this section.
(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 count only one ballot cast by that elector.
{ - (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. - }
{ + (11)(a) Except as provided in paragraph (b) of this
subsection, the county clerk may not allow to be counted any
ballots that have not been delivered to and received by the
county clerk or deposited 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 by 8 p.m. on election day.
(b) The county clerk shall accept a ballot from each elector
who, at 8 p.m. on election day, is 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 is waiting to
deposit a marked ballot. + }
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 { + date of the + }
election to each long term absent elector; and
(b) { - Not sooner than the 29th - } { + On the 20th + }
day before { + the date of + } 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 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 envelope.
On the back shall appear a statement to be signed by the absent
elector, stating that the elector:
(a) Is qualified to vote;
(b) Unless prevented by physical disability, has personally
marked the ballot; and
(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 { + the date of + } 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 254.325 is amended to read:
254.325. (1) The polls shall be open from 7 a.m. to 8 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 - } { + ensure + } 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. - }
{ + (7) The county clerk may not allow to be counted any
ballots that have not been cast and deposited in the ballot box
by the time the polls close. + }
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