Chapter 881
AN ACT
HB 3270
Relating to elections; creating new
provisions; and amending ORS 247.292, 247.563, 249.064, 253.030 and 260.695.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of ORS chapter 254.
SECTION 2. (1) At each general election, the county
clerk shall conduct a hand count of ballots as described in this section and
compare the tally of votes for those ballots produced by a vote tally system
with the tally of votes for those ballots produced by the hand count.
(2)(a) In the event that
the unofficial tally of ballots produced by a vote tally system reveals that
the margin of victory between the two candidates receiving the largest number
of votes in the county is less than one percent of the total votes cast in that
election in the county, the county clerk shall conduct a hand count of ballots
in at least 10 percent of all precincts or of ballots in at least 10 percent of
all batches of ballots collected by the county clerk.
(b) In the event that
the unofficial tally of ballots reveals that the margin of victory between the
two candidates receiving the largest number of votes in the county is greater
than or equal to one percent but less than two percent of the total votes cast
in the county, the county clerk shall conduct a hand count of ballots in at
least five percent of all precincts or of ballots in at least five percent of
all batches of ballots collected by the county clerk.
(c) In the event that
the unofficial tally of ballots reveals that the margin of victory between the
two candidates receiving the largest number of votes in the county is greater
than or equal to two percent of the total votes cast in the county, the county
clerk shall conduct a hand count of ballots in at least three percent of all
precincts or of ballots in at least three percent of all batches of ballots
collected by the county clerk.
(3) The Secretary of
State shall select the precincts at random. At the general election, no fewer
than 150 ballots must have been cast in at least one of the precincts selected.
The county clerk shall conduct a hand count of ballots cast in the election
contest between the two candidates receiving the largest number of votes in the
county, an election contest for a state office and, if possible, an election
contest for a state measure.
(4) Not later than the
day after the date of the general election, the Secretary of State shall advise
county clerks in writing of:
(a) The election contests
for which ballots are to be hand counted; and
(b) The precincts in
which ballots are to be hand counted.
(5) A county clerk shall
begin the hand counts prescribed by this section not later than the 20th day
after the election and complete the hand counts not later than the 30th day
after the election. The results of the hand counts shall be provided to the
Secretary of State, who shall make the results publicly available on the
Secretary of State’s website.
(6) The county clerk
shall conduct the hand counts required by this section in the manner provided
in ORS 258.200 and 258.211.
(7) A comparison of the
tally of votes produced by a vote tally system with the tally of votes produced
by the hand count required by this section must show that the tally of votes
produced by the vote tally system differs by no more than one-half of one
percent from the tally of votes produced by the hand count.
(8)(a) If a hand count
conducted under this section results in a tally of votes for a candidate or
measure that is different from the tally of votes produced by the vote tally
system for that candidate or measure, and the difference for each race is equal
to or less than one-half of one percent, the tally of votes produced by the
vote tally system is the official tally of votes for that vote tally system.
(b) If a hand count
conducted under this section results in a tally of votes for a candidate or
measure that is different from the tally of votes produced by the vote tally
system for that candidate or measure, and the difference in any race is greater
than one-half of one percent, the county clerk shall conduct a second hand
count of the same ballots.
(c) If the second hand
count conducted under this subsection results in a tally of votes for a
candidate or measure that is different from the tally of votes produced by the
vote tally system for that candidate or measure, and the difference for each
race is equal to or less than one-half of one percent, the tally of votes
produced by the vote tally system is the official tally of votes for that vote
tally system.
(d) If the second hand
count conducted under this subsection results in a tally of votes for a
candidate or measure that is different from the tally of votes produced by the
vote tally system for that candidate or measure, and the difference in any race
is greater than one-half of one percent, the county clerk shall conduct a hand
count of all ballots counted by that vote tally system. The hand count is the
official tally of votes for that vote tally system. If the hand count is the
official tally of votes, not later than the 30th day after the election, the
county clerk shall certify amended abstracts of votes to appropriate elections
officials.
(9) For purposes of
conducting the hand counts required under this section, the county clerk shall:
(a) Retain custody of
the ballots; and
(b) Provide for security
for the ballots and the information required to be collected under this
subsection.
(10) Subsections (1) to
(9) of this section do not apply if federal law requires a post-election hand
count of ballots at the general election to verify election results and the
Secretary of State determines that the requirements of federal law are at least
as stringent as the requirements of subsections (1) to (9) of this section.
SECTION 3. ORS 249.064 is amended to read:
249.064. (1) A nominating petition of a candidate seeking the nomination
of a major political party shall contain a statement that each elector whose
signature appears on the petition is a member of the same major political party
as is the candidate.
(2) A nominating
petition of any candidate shall contain the number of signatures of electors
required by ORS 249.068 or 249.072 and the residence or mailing address
and name or number of the precinct, if known, of each elector whose signature
appears.
(3) The signatures
contained in the nominating petition shall be certified for genuineness by the
county clerks under ORS 249.008.
SECTION 4. ORS 253.030 is amended to read:
253.030. (1) Before an election any elector may apply to the clerk for
the absentee ballot of the election.
(2) An application for
an absentee ballot must[:]
[(a) Be in writing and signed by the applicant;
and]
[(b)] be received by the clerk not later than 8 p.m. the day of the
election.
(3) If an applicant not
affiliated with any political party desires to vote in any major political
party primary election, the applicant may request and shall be sent a ballot
for a major political party if that political party has provided under ORS
254.365 for a primary election that admits electors not affiliated with any
political party.
(4) Application for an
absentee ballot may be made in writing, by electronic mail or by
using a facsimile machine. As used in this subsection, “facsimile machine”
means a machine that electronically transmits or receives facsimiles of
documents through connection with a telephone network.
(5) If an elector
desires, the elector’s application shall be valid for every subsequent election
until the elector otherwise notifies the clerk or is no longer an elector of
the county.
SECTION 5. ORS 260.695 is amended to read:
260.695. (1) [No] A person [shall] may not print or circulate
an imitation of the ballot or sample ballot, or a portion of the ballot or
sample ballot, which contains information which will not appear, or deletes
information which will appear, on the ballot or sample ballot, or that portion
of the ballot or sample ballot, unless the imitation of the ballot or sample
ballot, or portion of the ballot or sample ballot, contains the following
statement in bold type: “NOT FOR OFFICIAL USE.” This subsection does not
prohibit the printing or circulation of an imitation of a ballot which
illustrates the manner in which a candidate’s name may be written in for an
office.
(2) [No person, within any building in which a
polling place is located or, in an election conducted by mail, after the date
that ballots are mailed as provided in ORS 254.470, within any building in
which ballots are issued, or within 100 feet measured radially from any
entrance to the building, shall] A person may not do any
electioneering, including circulating any cards or [hand bills] handbills, or soliciting of signatures to
any petition within any building in which any state or local government
elections office designated for the deposit of ballots under ORS 254.470 is
located, or within 100 feet measured radially from any entrance to the building.
[No person shall] A person may not
do any electioneering by public address system located more than 100 feet from
an entrance to the building [but] if
the person is capable of being understood within 100 feet of the building.
The electioneering need not relate to the election being conducted. In an
election conducted by mail, this subsection applies during the period beginning
on the date that ballots are mailed to electors as provided in ORS 254.470 and
ending on election day at 8 p.m. or when all persons waiting in line at the
building who began the act of voting as described in ORS 254.470 (11) by 8 p.m.
have finished voting.
(3) [No person shall obstruct an entrance of a
building in which a polling place is located. In an election conducted by mail,
from the date that ballots are mailed as provided in ORS 254.470 until the time
designated by the county clerk for closure of the building on election day, no
person shall] A person may not obstruct an entrance of a building in
which a polling place is located, ballots are issued or a place
designated for the deposit of ballots under ORS 254.470 or any voting booth
maintained under ORS 254.474 is located. In an election conducted by mail,
this subsection applies during the period beginning on the date that ballots
are mailed to electors as provided in ORS 254.470 and ending on election day at
8 p.m. or when all persons waiting in line at the building or location who
began the act of voting as described in ORS 254.470 (11) by 8 p.m. have
finished voting.
(4) [No person shall] A person may not
vote or offer to vote in any election knowing the person is not entitled to
vote.
(5) [No person at a polling place, other than]
A person, except an election board member, [shall] may not deliver a ballot to an elector at a
polling place.
(6) [No] An
elector at a polling place [shall] may
not knowingly receive a ballot from any other person than an election board
member.
(7) [No person shall] A person may not
make a false statement about the person’s inability to mark a ballot.
(8) [No] A person, except an elections
official in performance of duties or [other]
another person providing assistance to an elector as described in ORS
254.445, [shall] may not ask a
person at the polling place for whom that person intends to vote, or examine or
attempt to examine the person’s ballot.
(9) [No person shall] A person may not
show the person’s own marked or punched ballot to another person to reveal how
it was marked or punched.
(10) [No] An elections official, other
than in the performance of duties, [shall]
may not disclose to any person any information by which it can be
ascertained for whom any elector has voted.
(11) [No] A
person, except an elections official in performance of duties, [shall] may not do anything to a
ballot to permit identification of the person who voted.
(12) [No] An elector at a polling place
[shall] may not deliver a
ballot to an election board member except the ballot the elector received from
an election board member. [Nothing in
this subsection shall] This subsection does not prohibit a person
from delivering any absentee ballot or ballots to an election board member.
(13) [No] A
person at a polling place, except an election board member, [shall] may not receive from an
elector other than an absent elector a marked or punched ballot.
(14) [No elector shall] An
elector may not willfully leave in the polling place anything that will
show how the elector’s ballot was marked or punched. In an election conducted
by mail, [no elector shall] an
elector may not willfully leave at any place designated for the deposit of
ballots under ORS 254.470 or in any voting booth maintained under ORS 254.474[,] anything that will show how the
elector’s ballot was marked or punched.
(15) [No] A person, except an elections
official in performance of duties, [shall]
may not remove a ballot from any polling place, any place designated for
the deposit of ballots under ORS 254.470 or any voting booth maintained under
ORS 254.474.
(16) [No] A person, except an elections
official in performance of duties or a person authorized by that official, [shall] may not willfully deface,
remove, alter or destroy a posted election notice.
(17) [No] A person, except an elections
official in performance of duties, [shall]
may not willfully remove, alter or destroy election equipment or
supplies, or break the seal or open any sealed package containing election
supplies.
(18) [No] A person [other than], except an elections
official [shall] in performance of
duties, may not provide elections advice or attempt to collect voted
ballots within any building in which any state or local government elections
office designated for the deposit of ballots under ORS 254.470 is located, or
within 100 feet measured radially from any entrance to the building [a location designated for deposit of ballots
under ORS 254.470].
(19) [No] A person, except an elections
official in performance of duties, in an election conducted by mail, [shall] may not establish a
location to collect ballots voted by electors unless:
(a) The person prominently displays at the
location a sign stating: “NOT AN OFFICIAL BALLOT DROP SITE[.]”; and
(b) The sign is printed
in all capital letters in bold 50-point type.
SECTION 6. ORS 247.292 is amended to read:
247.292. (1)(a) A county clerk shall update the
registration of an elector in the county upon receiving written evidence from:
(A) The elector [or from the United States Postal Service] indicating a residence or
mailing address that is different from the residence or mailing address for the
elector as contained in the records of the county clerk; or
(B) The United States
Postal Service indicating a residence address that is different from the
residence address for the elector as contained in the records of the county
clerk.
(b) This
subsection applies only if the new residence address is located in the same
county as the residence address for the elector as contained in the records of
the county clerk.
(2) When a county clerk
updates the registration of an elector under subsection (1) of this section,
the clerk shall send a new precinct memorandum card by nonforwardable mail to
the elector as provided in ORS 247.181. The clerk shall include a notice
stating that if the residence address or mailing address is not correct, the
elector must notify the clerk.
(3) An elector [shall not be] is not disqualified
from voting due to any error relating to an update of registration made under
this section.
SECTION 7. ORS 247.563 is amended to read:
247.563. (1) Except as
provided in subsection (4) of this section and ORS 247.555, whenever it appears
to the county clerk that an elector needs to update the elector’s registration
or that the elector has changed residence address to another county, the county
clerk shall mail a notice to the elector.
(2) The notice shall be
sent by forwardable mail and shall include a postage prepaid, preaddressed
return card on which the elector may state the elector’s current residence and
mailing address. The notice shall advise the elector that:
(a) The elector should
return the card promptly;
(b) If the card is not
returned by the 21st calendar day immediately preceding an election, the
elector may be required to complete a new registration card in order to vote in
an election; and
(c) The elector’s
registration will be canceled if the elector neither votes nor updates the
registration before two general elections have been held.
(3) When the county
clerk mails a notice under this section, the registration of the elector shall
be considered inactive until the elector updates the registration, the
registration is canceled or the clerk determines that the registration should
be considered active.
(4) This section does
not apply when the county clerk receives written evidence from the elector[, the United
States Postal Service] or another county clerk indicating a change of
residence or mailing address or from the United States Postal Service
indicating a change of residence address and the registration of the
elector is automatically updated by the county clerk under any provision of
this chapter.
SECTION 8. (1) The amendments to ORS 249.064 by section
3 of this 2007 Act apply to nominating petitions filed on or after the
effective date of this 2007 Act.
(2) The amendments to
ORS 253.030 by section 4 of this 2007 Act apply to applications for absentee
ballots made on or after the effective date of this 2007 Act.
(3) The amendments to
ORS 260.695 by section 5 of this 2007 Act apply to activities occurring on or
after the effective date of this 2007 Act.
(4) The amendments to
ORS 247.292 by section 6 of this 2007 Act apply to written evidence received by
a county clerk on or after the effective date of this 2007 Act.
SECTION 9. If Senate Bill 77 becomes law, section 4 of
this 2007 Act (amending ORS 253.030) is repealed and ORS 253.030, as amended by
section 9, chapter 155, Oregon Laws 2007 (Enrolled Senate Bill 77), is amended
to read:
253.030. (1) Before an election any elector may apply to the clerk for
the absentee ballot of the election.
(2) An application for
an absentee ballot must be received by the clerk not later than 8 p.m. the day of
the election.
(3) If an applicant not
affiliated with any political party desires to vote in any major political
party primary election, the applicant may request and shall be sent a ballot
for a major political party if that political party has provided under ORS
254.365 for a primary election that admits electors not affiliated with any
political party.
(4) Application for an
absentee ballot may be made in any manner designated by the Secretary of State
by rule, including in writing, by electronic mail or by using a
facsimile machine. As used in this subsection, “facsimile machine” means a
machine that electronically transmits or receives facsimiles of documents
through connection with a telephone network.
(5) If an elector
desires, the elector’s application shall be valid for every subsequent election
until the elector otherwise notifies the clerk or is no longer an elector of
the county.
SECTION 10. If Senate Bill 74 becomes law, section 5 of
this 2007 Act (amending ORS 260.695) is repealed and ORS 260.695, as amended by
section 55, chapter 154, Oregon Laws 2007 (Enrolled Senate Bill 74), is amended
to read:
260.695. (1) A person
may not print or circulate an imitation of the ballot or sample ballot, or a
portion of the ballot or sample ballot, which contains information which will
not appear, or deletes information which will appear, on the ballot or sample
ballot, or that portion of the ballot or sample ballot, unless the imitation of
the ballot or sample ballot, or portion of the ballot or sample ballot,
contains the following statement in bold type: “NOT FOR OFFICIAL USE.” This
subsection does not prohibit the printing or circulation of an imitation of a
ballot which illustrates the manner in which a candidate’s name may be written
in for an office.
(2) A person may not do
any electioneering, including circulating any cards or handbills, or
soliciting of signatures to any petition, within any building in which [ballots are issued] any state or
local government elections office designated for the deposit of ballots under
ORS 254.470 is located, or within 100 feet measured radially from any
entrance to the building. A person may not do any electioneering by public
address system located more than 100 feet from an entrance to the building [but] if the person is capable of
being understood within 100 feet of the building. The electioneering need not
relate to the election being conducted. This subsection applies during the
period beginning on the date that ballots are mailed to electors as provided in
ORS 254.470 and ending on election day at 8 p.m. or when all persons waiting
in line at the building who began the act of voting as described in ORS
254.470 (10) by 8 p.m. have finished [the act of] voting.
(3) A person may not
obstruct an entrance of a building in which ballots are issued or a
place designated for the deposit of ballots under ORS 254.470 or any voting
booth maintained under ORS 254.474 is located. This subsection applies
during the period beginning on the date that ballots are mailed to electors as
provided in ORS 254.470 and ending on election day at 8 p.m. or when all
persons waiting in line at the building or location who began the act of voting
as described in ORS 254.470 (10) by 8 p.m. have finished voting.
(4) A person may not
vote or offer to vote in any election knowing the person is not entitled to
vote.
(5) A person may not
make a false statement about the person’s inability to mark a ballot.
(6) A person, except an
elections official in performance of duties or [other] another person providing assistance to an elector as
described in ORS 254.445, may not ask a person at any place designated for the
deposit of ballots under ORS 254.470 or at any location described in ORS
254.472 or 254.474 for whom that person intends to vote, or examine or attempt
to examine the person’s ballot.
(7) A person may not
show the person’s own marked ballot to another person to reveal how it was
marked.
(8) An elections
official, other than in the performance of duties, may not disclose to any person
any information by which it can be ascertained for whom any elector has voted.
(9) A person, except an
elections official in performance of duties, may not do anything to a ballot to
permit identification of the person who voted.
(10) An elector may not
willfully leave at any place designated for the deposit of ballots under ORS
254.470 or at any location described in ORS 254.472 or 254.474
anything that will show how the elector’s ballot was marked.
(11) A person, except an
elections official in performance of duties, may not remove a ballot from any
place designated for the deposit of ballots under ORS 254.470 or any location
described in ORS 254.472 or 254.474.
(12) A person, except an
elections official in performance of duties or a person authorized by that
official, may not willfully deface, remove, alter or destroy a posted election
notice.
(13) A person, except an
elections official in performance of duties, may not willfully remove, alter or
destroy election equipment or supplies, or break the seal or open any sealed
package containing election supplies.
(14) A person, except an
elections official in performance of duties, may not provide elections
advice or attempt to collect voted ballots within any building in which
any state or local government elections office designated for the deposit of
ballots under ORS 254.470 is located, or within 100 feet measured radially
from [a location designated for deposit
of ballots under ORS 254.470] any entrance to the building.
(15) A person, except an
elections official in performance of duties, may not establish a location to
collect ballots voted by electors unless:
(a) The person prominently displays at the
location a sign stating: “NOT AN OFFICIAL BALLOT DROP SITE[.]”; and
(b) The sign is printed
in all capital letters in bold 50-point type.
SECTION 11. If both Senate Bill 74 and Senate Bill 77
become law, section 8 of this 2007 Act is amended to read:
Sec.
8. (1) The amendments to ORS 249.064 by section 3 of this 2007 Act
apply to nominating petitions filed on or after the effective date of this 2007
Act.
(2) The amendments to
ORS 253.030 by section [4] 9
of this 2007 Act apply to applications for absentee ballots made on or after
the effective date of this 2007 Act.
(3) The amendments to
ORS 260.695 by section [5] 10
of this 2007 Act apply to activities occurring on or after the effective date
of this 2007 Act.
(4) The amendments to
ORS 247.292 by section 6 of this 2007 Act apply to written evidence received by
a county clerk on or after the effective date of this 2007 Act.
SECTION 12. If Senate Bill 77 becomes law and Senate Bill
74 does not become law, section 8 of this 2007 Act is amended to read:
Sec.
8. (1) The amendments to ORS 249.064 by section 3 of this 2007 Act
apply to nominating petitions filed on or after the effective date of this 2007
Act.
(2) The amendments to
ORS 253.030 by section [4] 9
of this 2007 Act apply to applications for absentee ballots made on or after
the effective date of this 2007 Act.
(3) The amendments to ORS
260.695 by section 5 of this 2007 Act apply to activities occurring on or after
the effective date of this 2007 Act.
(4) The amendments to
ORS 247.292 by section 6 of this 2007 Act apply to written evidence received by
a county clerk on or after the effective date of this 2007 Act.
SECTION 13. If Senate Bill 74 becomes law and Senate Bill
77 does not become law, section 8 of this 2007 Act is amended to read:
Sec.
8. (1) The amendments to ORS 249.064 by section 3 of this 2007 Act
apply to nominating petitions filed on or after the effective date of this 2007
Act.
(2) The amendments to
ORS 253.030 by section 4 of this 2007 Act apply to applications for absentee
ballots made on or after the effective date of this 2007 Act.
(3) The amendments to
ORS 260.695 by section [5] 10
of this 2007 Act apply to activities occurring on or after the effective date
of this 2007 Act.
(4) The amendments to
ORS 247.292 by section 6 of this 2007 Act apply to written evidence received by
a county clerk on or after the effective date of this 2007 Act.
Approved by the Governor August 3, 2007
Filed in the office of Secretary of State August 3, 2007
Effective date January 1, 2008
__________