Chapter 731 Oregon Laws 2005

AN ACT

HB 2169

Relating to elections; creating new provisions; and amending ORS 246.012, 246.550, 246.560, 254.005, 254.485 and 258.211.

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

SECTION 1. ORS 246.012 is amended to read:

246.012. As used in this chapter:

(1) “Ballot” means any material on which votes may be cast for candidates or measures.

(2) “County clerk” means the county clerk or the county official in charge of elections.

(3) “County governing body” means the county court sitting for the transaction of county business or the board of county commissioners.

(4) “Election” means any election held within this state.

(5) “Elector” means an individual qualified to vote under section 2, Article II, Oregon Constitution.

(6) “Governing body” means the governing body of any subdivision of the state.

(7) “Local elections official” means any person who is:

(a) An official of any election precinct or special district or public corporation organized for public purposes; and

(b) Authorized or required by law to perform functions in connection with elections held in the election precinct or special district or public corporation organized for public purposes.

(8) “Measure” includes any of the following submitted to the people for their approval or rejection at an election:

(a) A proposed law.

(b) An Act or part of an Act of the Legislative Assembly.

(d) Local, special or municipal legislation.

(e) A proposition or question.

(9) “Precinct” means any election precinct.

[(10) “Voting machine” means:]

[(a) Any device which will record every vote cast on candidates and measures and which will either internally or externally total all votes cast on that device.]

[(b) Any device into which a ballot may be inserted and which is so designed and constructed that the vote for any candidate or measure may be indicated by punching or marking the ballot.]

[(11)] (10) “Vote tally system” means one or more pieces of equipment necessary to examine and tally automatically the marked [or punched] ballots.

(11) “Voting machine” means any device that will record every vote cast on candidates and measures and that will either internally or externally total all votes cast on that device.

SECTION 2. ORS 246.550 is amended to read:

246.550. (1) The Secretary of State shall publicly examine all makes of voting machines or vote tally systems submitted to the secretary and determine whether the machines or systems comply with the requirements of ORS 246.560, and can safely be used by electors.

(2) Any person owning or interested in a voting machine or vote tally system may submit it to the secretary [of State] for examination. For the purpose of assistance in examining the machine or system the secretary [of State] may employ not more than three individuals who are expert in one or more of the fields of data processing, mechanical engineering and public administration. The compensation of these assistants shall be paid by the person submitting the machine or system.

(3) Not later than the 30th day after completing the examination [and approval of any], the secretary shall approve or reject the voting machine or vote tally system. If the secretary [of State] approves the machine or system, the secretary shall make a report on the machine or system, together with a written or printed description, drawings and photographs clearly identifying the machine or system and its operation. [The Secretary of State] Upon request, the secretary shall send a copy of the report to any governing body within the state.

(4) Any voting machine or vote tally system [that receives the approval of] approved by the secretary [of State] may be used for conducting elections. [Any] A machine or system [that does not receive such approval shall] rejected by the secretary may not be used at any election. [After a machine or system has been approved by the Secretary of State, any change in the machine or system that does not impair its accuracy, efficiency or capacity shall not render necessary a reexamination or reapproval of the machine or system] If a machine or system is changed after the machine or system has been approved by the secretary, the secretary is not required to reexamine or reapprove the machine or system if the secretary determines that the change does not impair the accuracy, efficiency or capacity of the machine or system.

(5) If, after consulting with county clerks, the secretary determines that a voting machine or vote tally system approved by the secretary does not comply with the requirements of ORS 246.560, the secretary may revoke the approval. If the secretary revokes approval, the machine or system may not be used in any election.

SECTION 3. ORS 246.560 is amended to read:

246.560. (1) [No] A voting machine [shall] may not be approved by the Secretary of State unless [it] the voting machine is constructed so that it:

(a) Secures to the elector secrecy of voting.

(b) Provides facilities for voting for the candidates of as many political parties or organizations as may make nominations and for or against as many measures as may be submitted.

(c) Permits the elector to vote for any person and as many persons for an office and upon any measure for which the elector has the right to vote.

(d) Permits the elector, except at a primary election, to vote for all the candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties.

(e) Correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure.

(f) Provides that a vote for more than one candidate cannot be cast by one single operation of the voting machine or vote tally system except for President and Vice President and electors for those offices.

(g) Provides that straight party pointers shall be disconnected from all candidate pointers.

(h) Contains a device that will duplicate the votes cast by each elector onto a paper record copy.

(i) Contains a device that will allow each elector to view the elector’s paper record copy while preventing the elector from directly handling the paper record copy.

(2) A vote tally system shall be:

(a) Capable of correctly counting votes on ballots on which the proper number of votes have been marked [or punched] for any office or measure that has been voted.

(b) Capable of ignoring the votes marked [or punched] for any office or measure [where] if more than the allowable number of votes have been marked [or punched], but shall correctly count the properly voted portions of the ballot.

(c) Capable of accumulating a count of the specific number of ballots tallied for a precinct, accumulating total votes by candidate for each office, and accumulating total votes for and against each measure of the ballots tallied for a precinct.

(d) Capable of tallying votes from ballots of different political parties, from the same precinct, in a primary election.

(e) Capable of accommodating the procedure established under ORS 254.155.

(f) Capable of automatically producing precinct totals in either printed, marked, or punched form, or combinations thereof.

SECTION 4. ORS 254.005 is amended to read:

254.005. As used in this chapter:

(1) “Ballot” means any material on which votes may be cast for candidates or measures. In the case of a recall election, “ballot” includes material posted in a voting compartment or delivered to an elector by mail.

(2) “Ballot label” means the material containing the names of candidates or the measures to be voted on.

(3) “Chief elections officer” means the:

(a) Secretary of State, regarding a candidate for a state office or an office to be voted on in the state at large or in a congressional district, or a measure to be voted on in the state at large.

(b) County clerk, regarding a candidate for a county office, or a measure to be voted on in a county only.

(c) City clerk, auditor or recorder, regarding a candidate for a city office, or a measure to be voted on in a city only.

(4) “County clerk” means the county clerk or the county official in charge of elections.

(5) “Elector” means an individual qualified to vote under section 2, Article II, Oregon Constitution.

(6) “Major political party” means a political party that has qualified as a major political party under ORS 248.006.

(7) “Measure” includes any of the following submitted to the people for their approval or rejection at an election:

(a) A proposed law.

(b) An Act or part of an Act of the Legislative Assembly.

(d) Local, special or municipal legislation.

(e) A proposition or question.

(8) “Minor political party” means a political party that has qualified as a minor political party under ORS 248.008.

(9) “Nonpartisan office” means the office of judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court, Superintendent of Public Instruction, Commissioner of the Bureau of Labor and Industries, any elected office of a metropolitan service district under ORS chapter 268, justice of the peace, county clerk, county assessor, county surveyor, county treasurer, county judge who exercises judicial functions, sheriff, district attorney or any office designated nonpartisan by a home rule charter.

(10) “Prospective petition” means the information, except signatures and other identification of petition signers, required to be contained in a completed petition.

(11) “Regular district election” means the election held each year for the purpose of electing members of a district board as defined in ORS 255.005 (2).

[(12) “Voting machine” means:]

[(a) Any device which will record every vote cast on candidates and measures and which will either internally or externally total all votes cast on that device.]

[(b) Any device into which a ballot may be inserted and which is so designed and constructed that the vote for any candidate or measure may be indicated by punching or marking the ballot.]

[(13)] (12) “Vote tally system” means one or more pieces of equipment necessary to examine and tally automatically the marked [or punched] ballots.

(13) “Voting machine” means any device that will record every vote cast on candidates and measures and that will either internally or externally total all votes cast on that device.

SECTION 5. 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, the county clerk shall repeat the public certification test described under ORS 254.235 (1). The test shall be conducted on the date of the election and prior to beginning the tally of ballots. The test may be observed by persons described in ORS 254.235 (2). The county clerk shall certify the results of the test.

(3) 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.

(4) 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.

(5) A counting board shall audibly announce the tally as it proceeds. The board shall use only pen and ink to tally.

(6) For ballots cast using a voting machine, the county clerk shall:

(a) Enter the ballots cast using the machine into the vote tally system; and

(b) In the event of a recount, provide the paper record copy recorded by the machine to the counting board.

[(6)] (7) [No person] A person other than the county clerk, a member of a counting board or any other elections official designated by the county clerk may not tally ballots under this chapter.

SECTION 6. ORS 258.211 is amended to read:

258.211. (1) The ballot boxes containing the ballots to be recounted shall be opened by the official directed to make the recount only in the presence of the counting board and the persons referred to in this section.

(2) The counting board shall conduct the recount by hand and, if requested, permit:

(a) In the instance of a nomination or office, an affected candidate or an elector authorized in writing by an affected candidate, and an elector authorized in writing by each major or minor political party to be present to watch the recount.

(b) In the instance of a measure, one elector advocating and one elector opposing the measure to be present to watch the recount.

(3) For ballots cast using a voting machine:

(a) The county clerk shall deposit the paper record copy recorded by the machine into the ballot box; and

(b) The paper record copies are the ballots to be recounted under this section.

SECTION 7. The amendments to ORS 246.012, 246.550, 246.560, 254.005, 254.485 and 258.211 by sections 1 to 6 of this 2005 Act apply to voting machines and vote tally systems approved prior to, on or after the effective date of this 2005 Act.

Approved by the Governor August 17, 2005

Filed in the office of Secretary of State August 17, 2005

Effective date January 1, 2006

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