74th OREGON LEGISLATIVE ASSEMBLY--2007 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 944
A-Engrossed
House Bill 2084
Ordered by the House April 3
Including House Amendments dated April 3
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Secretary of State Bill
Bradbury)
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.
{ - Allows Secretary of State by rule to set date for
presidential primary election that is different from date of May
primary election. - }
{ + Sets first Tuesday in February 2008 as date of Oregon
presidential primary election. Establishes same date as date of
election otherwise held on second Tuesday in March for other
candidates or measures. Sunsets January 1, 2009.
Allows Secretary of State to participate in discussions
regarding regional presidential primary elections.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to a presidential primary election; creating new
provisions; amending ORS 246.270, 246.560, 247.203, 247.296,
247.410, 247.435, 247.940, 247.945, 248.315, 249.037, 249.170,
251.026, 251.065, 251.165, 253.030, 253.540, 253.565, 254.016,
254.025, 254.069, 254.076, 254.115, 254.195, 254.205, 254.365,
254.370, 254.465, 254.470, 254.474, 254.555, 260.532 and
316.102; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 1a to 3 of this 2007 Act are added to
and made a part of ORS chapter 254. + }
SECTION 1a. { + (1) Notwithstanding ORS 254.056, for the
calendar year 2008, a presidential primary election shall be held
in this state on the first Tuesday in February. At the election
held on the first Tuesday in February, electors may vote for
candidates for nomination for President of the United States and
for any other candidates or measures listed on the ballot under
subsection (2) of this section.
(2) Notwithstanding ORS 171.185, 203.085, 221.230, 255.345 and
258.075, for the calendar year 2008, an election that would
otherwise be held on the second Tuesday in March shall be held on
the first Tuesday in February. The ballot at the election shall
include the names of candidates for the party nomination for
President of the United States who qualified for the ballot under
ORS 249.078, the names of candidates to be nominated or elected
to other offices at the election and the number, ballot title and
financial estimates of any measures.
(3) The Secretary of State may adopt rules governing the
procedures for conducting an election under this section.
(4) This section is repealed January 1, 2009. + }
SECTION 2. { + The Secretary of State may participate and
represent this state in discussions among the states or with any
unit of the federal government in setting a schedule of rotating
regional presidential primary elections. + }
SECTION 3. { + Except as otherwise provided, as used in ORS
chapters 246 to 260:
(1) 'Primary election' means the primary election held on the
third Tuesday in May of each even-numbered year as described in
ORS 254.056.
(2) 'Presidential primary election' means an election:
(a) Held in each year in which electors of the President and
Vice President of the United States are to be elected;
(b) At which electors may vote for candidates for nomination
for President of the United States; and
(c) Held on a date that is different from the date of the
primary election. + }
SECTION 4. ORS 246.270 is amended to read:
246.270. On the day of any primary election, { + presidential
primary election, + } general election or special election held
throughout the county, the county clerk's office shall remain
open for business pertaining to the election from 7 a.m. to 8
p.m. of the same day.
SECTION 5. ORS 246.560 is amended to read:
246.560. (1) A voting machine may not be approved by the
Secretary of State unless 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 { + or
presidential 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 for any office or measure
that has been voted.
(b) Capable of ignoring the votes marked for any office or
measure if more than the allowable number of votes have been
marked, 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 { + or
presidential 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 6. ORS 247.203 is amended to read:
247.203. An elector who updates a registration during the
period extending from the 20th day before a primary { + or
presidential primary + } election to the date of the primary
{ + or presidential primary + } election may not, during that
period:
(1) Change the elector's political party affiliation if the
elector's immediate past registration record shows the elector
was or is registered as affiliated with a political party.
(2) Terminate affiliation with a political party if the
elector's immediate past registration record shows the elector
was or is registered as affiliated with a political party.
(3) Adopt a political party affiliation if the elector's
immediate past registration shows that the elector was not or is
not registered as affiliated with a political party.
SECTION 7. ORS 247.296 is amended to read:
247.296. (1) The county clerk shall use records of the United
States Postal Service relating to ballots issued by mail to
verify the accuracy of addresses of electors contained in the
registration file of the county clerk.
(2) Based on information obtained under subsection (1) of this
section, the county clerk shall automatically update the
registration of an elector under ORS 247.292 or mail a notice
described in ORS 247.563.
(3) The registration of an elector { - shall - }
{ + may + } not be canceled during the 90-day period prior to
any primary { + , presidential primary + } or general election
based on information obtained under this section.
SECTION 8. ORS 247.410 is amended to read:
247.410. A person who is qualified to register, except that the
person will have resided in this state less than 20 days before
the election, may vote in the election for candidates for
nomination or election for President or Vice President of the
United States or elector of President and Vice President of the
United States if the person:
(1) Did not vote for the nomination of such candidates in
another state during the six months immediately preceding the
person's request for registration to vote for the nomination of
such candidates in the { + presidential + } primary election in
this state; or
(2) Did not vote for the election of such candidates in another
state during the six months immediately preceding the person's
request for registration to vote for the election of such
candidates in the general election in this state.
SECTION 9. ORS 247.435 is amended to read:
247.435. An elector of this state who moves to another state
after the 31st day before a { + presidential + } primary or
general election for President or for electors of President and
Vice President, and who does not qualify to vote in the state of
the elector's present residence, may vote for these offices in
the { + presidential + } primary or general election in this
state. The ballot for a person voting under this section shall be
marked ' Presidential only. '
SECTION 10. ORS 247.940 is amended to read:
247.940. (1) Not later than the 21st day before any primary
election, { + presidential primary election, + } general
election or special congressional election, a major political
party qualified under ORS 248.006 or its affiliate within the
county or a minor political party qualified under ORS 248.008 may
request from the county clerk a list of active electors, as
described in ORS 247.013, of the county. The list shall contain
the name, party affiliation, residence or mailing address and
precinct name or number of each active elector and shall be
arranged in groups by election precinct. A major political party
or its affiliate within the county or a minor political party may
make no more than two separate requests under this subsection.
(2) If the county clerk receives a request under subsection (1)
of this section, the clerk shall deliver the list not later than:
(a) Ten days after receiving the request; or
(b) The date requested, provided that the date requested is
more than 10 days after the request was made and at least 10 days
before the date of any primary election, { + presidential
primary election, + } general election or special congressional
election.
(3) The county clerk shall not charge for preparation or
delivery of the list supplied under this section.
SECTION 11. ORS 247.945 is amended to read:
247.945. (1) The county clerk, upon request before the 45th day
before a primary, { + presidential primary, + } general or
special election, shall deliver to any person a list of electors.
The lists shall be prepared in the manner requested, limited only
to the capabilities of the Secretary of State or the county
clerk.
(2) The county clerk shall collect and pay into the county
treasury a charge for the actual cost of supplying lists under
subsection (1) of this section.
(3) The county clerk shall keep a record of all persons to whom
a list of electors is delivered under this section.
SECTION 12. ORS 248.315 is amended to read:
248.315. (1) After a presidential { - preference - } primary
election, each major political party whose national affiliate
holds a convention to select its nominee for President of the
United States shall select delegates to the national convention
of that party.
(2) Delegates to the national convention of a party shall be
selected in the manner provided by party rules, which shall
provide all electors registered as members of the party equal
opportunity to participate in the selection of delegates.
(3) Delegates to the national convention of the party shall be
selected so that the number of delegates who favor a certain
candidate shall represent the proportion of votes received by the
candidate in relation to the other candidates of that party at
the presidential { - preference - } primary election. Each
person selected as a delegate shall sign a pledge that the person
will continue to support at the national convention the candidate
for President of the United States the person is selected as
favoring until:
(a) The candidate is nominated at the convention;
(b) The candidate receives less than 35 percent of the votes
for nomination at the convention;
(c) The candidate releases the delegate from the pledge; or
(d) Two convention nominating ballots have been taken.
SECTION 13. ORS 249.037 is amended to read:
249.037. (1) A nominating petition or declaration of candidacy
shall be filed not sooner than the 250th day and not later than
the 70th day before the date of the primary { + or presidential
primary + } election.
(2) Notwithstanding subsection (1) of this section, a
declaration of candidacy for the office of precinct
committeeperson may not be filed before February 1 immediately
preceding the primary election.
SECTION 14. ORS 249.170 is amended to read:
249.170. (1) A candidate who has filed a declaration of
candidacy or a nominating petition may withdraw not later than
the 67th day before the date of the primary { + or presidential
primary + } election by filing a statement of withdrawal with the
filing officer with whom the declaration or petition was filed.
The statement shall be made under oath and state the reasons for
withdrawal.
(2) The official with whom a declaration of candidacy is filed,
upon request received not later than the 67th day before the date
of the primary { + or presidential primary + } election, shall
refund the filing fee of a candidate who dies, withdraws or
becomes ineligible for the nomination.
SECTION 15. ORS 251.026 is amended to read:
251.026. (1) The Secretary of State shall prepare and have
printed in the voters' pamphlet for the { - state - }
{ + biennial + } primary election, the general election and any
special election described in ORS 251.022 a statement containing,
if applicable:
(a) Requirements for a citizen to qualify as an elector.
(b) When an elector is required to register or update a
registration.
(c) In the voters' pamphlet for the primary election, a
statement of the duties and responsibilities of a precinct
committeeperson to be elected at the primary election.
(d) Any other information the Secretary of State considers
relevant to the conduct of the election.
(2) The Secretary of State shall include a statement on the
cover of the voters' pamphlet that the pamphlet may be used to
assist electors in voting.
(3) The Secretary of State may include in the voters' pamphlet
the following information:
(a) Maps showing the boundaries of senatorial and
representative districts.
(b) Voter registration forms.
(c) Elector instructions, including the right of an elector to
request a second ballot if the first ballot is spoiled and the
right of an elector to seek assistance in marking the ballot.
SECTION 16. ORS 251.065 is amended to read:
251.065. (1) Not later than the 68th day before the
{ + biennial + } primary election, any candidate or agent on
behalf of the candidate for nomination or election at the primary
election to the office of President or Vice President of the
United States, { + if candidates for the office of President of
the United States will be nominated at the biennial primary
election, + } United States Senator, Representative in Congress
or any state office as defined in ORS 249.002 may file with the
Secretary of State a portrait of the candidate and a printed or
typewritten statement of the reasons the candidate should be
nominated or elected. A candidate or agent on behalf of the
candidate for nomination or election to any county or city
office, or to an elected office of a metropolitan service
district organized under ORS chapter 268, may file a portrait and
statement under this subsection if permitted under ORS 251.067.
(2) Not later than the 70th day before the general election,
any candidate or agent on behalf of the candidate for election at
the general election to the office of President or Vice President
of the United States, United States Senator, Representative in
Congress or any state office as defined in ORS 249.002 may file
with the Secretary of State a portrait of the candidate and a
printed or typewritten statement of the reasons the candidate
should be elected. A candidate or agent on behalf of the
candidate for election to any county or city office, or to an
elected office of a metropolitan service district organized under
ORS chapter 268, may file a portrait and statement under this
subsection if permitted under ORS 251.067.
(3) In the case of a special election to fill a vacancy as
described in ORS 251.022, the Secretary of State by rule shall
set the deadline for filing with the secretary a portrait of the
candidate and a printed or typewritten statement of the reasons
the candidate should be nominated or elected.
(4) Subject to subsections (1) to (3) of this section, the
Secretary of State by rule shall establish the format of the
statements permitted under this section.
(5) A portrait or statement filed under this section shall be
accompanied by a telephone or electronic facsimile transmission
machine number where the candidate may be contacted for purposes
of ORS 251.087.
SECTION 17. ORS 251.165 is amended to read:
251.165. (1) The Secretary of State shall prepare:
(a) A list of the names of candidates for nomination or
election at the { + biennial + } primary election to the offices
of President or Vice President of the United States, { + if
candidates for the office of President of the United States will
be nominated at the biennial primary election, + }United States
Senator, Representative in Congress, any state office other than
justice of the peace and any county or city office or elected
office of a metropolitan service district required to be included
under ORS 251.067, or a list of names of candidates for election
at the general election to the offices of President or Vice
President of the United States, United States Senator,
Representative in Congress, any state office other than justice
of the peace and any county or city office or elected office of a
metropolitan service district required to be included under ORS
251.067, along with a designation of the offices for which the
candidates are competing;
(b) All portraits and statements filed under ORS 251.065 and
251.115; and
(c) The information specified in ORS 251.185 relating to
measures to be voted upon at the election for which the pamphlet
is prepared.
(2) For a special election described in ORS 251.022, the
Secretary of State shall prepare a list of the names of
candidates for nomination or election to the offices of United
States Senator or Representative in Congress along with all
portraits and statements filed for the special election under ORS
251.065.
(3) The items specified in subsections (1) and (2) of this
section shall be properly compiled, edited, prepared and indexed
for printing by the Secretary of State before delivery to the
printer.
SECTION 18. 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 { + or
presidential 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
{ + or presidential primary + } election that admits electors
not affiliated with any political party.
(4) Application for an absentee ballot may be made 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 19. ORS 253.540 is amended to read:
253.540. (1) Any long term absent elector may secure an
absentee ballot by submitting an application as specified in
subsection (2) of this section to the clerk of the county of the
long term absent elector's residence, or to the Secretary of
State. If the application is addressed to the Secretary of State,
the secretary shall forward it to the appropriate county clerk.
(2) An application for an absentee ballot by a long term absent
elector shall be made in the form of a written request. The
application shall be valid for every subsequent election until
the elector otherwise notifies the clerk or is no longer an
elector of the county. The application shall be signed by the
applicant and contain:
(a) The name and current mailing address of the applicant;
(b) A statement that the applicant is a citizen of the United
States;
(c) A statement that the applicant will be 18 years of age or
older on the date of the election;
(d) A statement that for more than 20 days preceding the
election the applicant's home residence has been in this state,
and giving the address of the last home residence;
(e) A statement of the facts that qualify the applicant as a
long term absent elector or as the spouse or a dependent of a
long term absent elector;
(f) A statement that the applicant is not requesting a ballot
from any other state and is not voting in any other manner in the
election except by the requested absentee ballot; and
(g) If the applicant desires to vote in a primary { + or
presidential primary + } election, a designation of the
applicant's political party affiliation or a statement that the
applicant is not affiliated with any political party. An
applicant not affiliated with any political party may request a
ballot for a major political party. The applicant shall be sent
the ballot for the political party that the applicant requested
if that political party has provided under ORS 254.365 for a
primary { + or presidential primary + } election that admits
electors not affiliated with any political party.
SECTION 20. ORS 253.565 is amended to read:
253.565. (1) Any long term absent elector may secure a special
absentee ballot for a primary election { + , presidential primary
election + } or general election by making an application under
this section if the elector believes that:
(a) The elector will be residing, stationed or working outside
the territorial limits of the United States and the District of
Columbia; and
(b) The elector will be unable to vote and return a regular
absentee ballot by normal mail delivery within the period
provided for regular absentee ballots.
(2) A long term absent elector shall make the application for a
special absentee ballot in the form of a written request. The
elector shall submit the application before the date of the
applicable election to the clerk of the county of the long term
absent elector's residence or to the Secretary of State. If the
application is addressed to the Secretary of State, the secretary
shall forward it to the appropriate county clerk. The application
shall be signed by the applicant and contain:
(a) The name and current mailing address of the applicant;
(b) A designation of the election for which the applicant
requests a special absentee ballot;
(c) A statement that the applicant is a citizen of the United
States;
(d) A statement that the applicant will be 18 years of age or
older on the date of the election;
(e) A statement that for more than 20 days preceding the
election the applicant's home residence has been in this state,
and giving the address of the last home residence;
(f) A statement of the facts that qualify the applicant as a
long term absent elector or as the spouse or a dependent of a
long term absent elector;
(g) A statement of the facts that qualify the applicant to vote
by means of a special absentee ballot;
(h) A statement that the applicant is not requesting a ballot
from any other state and is not voting in any other manner in the
election except by the requested special absentee ballot; and
(i) If the applicant requests a ballot for a primary { + or
presidential primary + } election, a designation of the
applicant's political party affiliation or a statement that the
applicant is not affiliated with any political party. An
applicant not affiliated with any political party may request a
ballot for a major political party. The applicant shall be sent
the ballot for the political party that the applicant requested
if that political party has provided under ORS 254.365 for a
primary { + or presidential primary + } election that admits
electors not affiliated with any political party.
(3) An application for a special absentee ballot shall be valid
only for the election specified in the application.
(4) The county clerk shall list on the special absentee ballot
the offices and measures scheduled to appear on the regular
ballot, if known when the ballot is prepared, and provide space
in which the elector may write in the elector's preference.
(5) The elector may write in the name of any eligible candidate
for each office to be filled or for which nominations will be
made at the election, and may vote on any measure submitted at
the election.
SECTION 21. ORS 254.016 is amended to read:
254.016. Any primary election, { + presidential primary
election, + } general election or special election held in this
state shall be conducted under the provisions of this chapter,
unless specifically provided otherwise in the statute laws of
this state.
SECTION 22. ORS 254.025 is amended to read:
254.025. (1) Statutes applicable to primary { + and
presidential primary + } elections shall be construed as though
the { - primary - } elections are separate elections for each
major political party nominating candidates.
(2) The primary { + and presidential primary + } elections
shall be conducted as nearly as possible according to the theory
expressed in the preamble to chapter 1, Oregon Laws 1905.
SECTION 23. ORS 254.069 is amended to read:
254.069. (1) An elector may not participate in more than one
nominating process for each partisan public office to be filled
at the general election.
(2) An elector is considered to have participated in the
nominating process for each partisan public office listed on the
ballot at a primary { + or presidential primary + } election if
the elector returned a ballot of a major political party at the
primary { + or presidential primary + } election.
(3) An elector is considered to have participated in the
nominating process for a partisan public office listed on the
ballot at the general election if:
(a) A minor political party nominated a candidate for that
office in the manner specified by the party in documents filed
under ORS 248.009 and the elector participated in the nominating
process; or
(b) The elector participated in the nominating process for that
office by signing the minutes of an assembly of electors under
ORS 249.735 or by signing a certificate of nomination made by
individual electors under ORS 249.740.
(4) If a filing officer described in ORS 249.722 determines
that an elector who has signed the minutes of an assembly of
electors under ORS 249.735 or a certificate of nomination under
ORS 249.740 has attempted to participate in more than one
nominating process for the same office to be filled at the
general election, the signature of the elector may not be
considered for purposes of ORS 249.735 or 249.740.
SECTION 24. ORS 254.076 is amended to read:
254.076. The chief elections officer shall keep a register of
candidates for nomination at the primary { + or presidential
primary + } election. The register, if applicable, shall contain
for each major political party:
(1) The title of each office for which the major political
party will nominate candidates at the primary { + or
presidential primary + }election.
(2) The name and mailing address of each candidate for
nomination at the primary { + or presidential primary
+ }election.
(3) The name of the major political party with which the
candidate is registered as affiliated.
(4) The date of filing of the prospective petition for
nomination of the candidate.
(5) The date of filing of the completed petition for nomination
of the candidate, the number of valid signatures contained and
the number of signatures required.
(6) The date of filing of the declaration of candidacy of the
candidate.
(7) Such other information as may aid the chief elections
officer in arranging the official ballot or ballot label for the
primary { + or presidential primary + }election.
SECTION 25. ORS 254.115 is amended to read:
254.115. (1) The official primary election ballot or ballot
label shall be styled 'Official Primary Nominating Ballot for
the ___ Party.' and shall state:
(a) The name of the county for which it is intended.
(b) The date of the primary election.
(c) The names of all candidates for nomination at the primary
election whose nominating petitions or declarations of candidacy
have been made and filed, and who have not died, withdrawn or
become disqualified.
(d) The names of candidates for election as precinct
committeeperson.
(e) The names of candidates for the party nomination for
President of the United States who qualified for the ballot under
ORS 249.078 { + , if candidates for the office of President of
the United States will be nominated at the biennial primary
election + }.
(2) If the election is conducted at polling places as provided
in this chapter, any ballot to be issued at a polling place shall
also state the number or name of the precinct for which it is
intended.
(3) The primary election ballot may include any city, county or
nonpartisan office or the number, ballot title and financial
estimates under ORS 250.125 of any measure.
(4) The ballot shall not contain the name of any person other
than those referred to in subsections (1) and (3) of this
section. The name of each candidate for whom a nominating
petition or declaration of candidacy has been filed shall be
printed on the ballot in but one place. In the event that two or
more candidates for the same nomination or office have the same
or similar surnames, the location of their places of residence
shall be printed opposite their names to distinguish one from
another.
SECTION 26. { + Section 27 of this 2007 Act is added to and
made a part of ORS chapter 254. + }
SECTION 27. { + (1) If the presidential primary election is
held on a date other than the date of the biennial primary
election, the official presidential primary election ballot or
ballot label shall be styled 'Official Ballot' and shall state:
(a) The date of the presidential primary election.
(b) The names of candidates for the party nomination for
President of the United States who qualified for the ballot under
ORS 249.078.
(2) If the presidential primary election is held on the second
Tuesday in March, the ballot may also include the names of
candidates to be nominated or elected to other offices at the
election and the number, ballot title and financial estimates of
any measures.
(3) The name of each candidate shall be printed on the ballot
in but one place. In the event that two or more candidates for
the same nomination or office have the same or similar surnames,
the location of their places of residence shall be printed
opposite their names to distinguish one from another. + }
SECTION 28. ORS 254.195 is amended to read:
254.195. (1) Official ballots and ballot labels shall be
printed in black ink upon good quality material. The primary
{ + or presidential primary + } election ballots or ballot
labels shall be of different colors for the major political
parties.
(2) If the election is conducted at polling places, sample
ballots shall be prepared for the information of the elector. The
sample ballot shall contain the offices, candidates, measures and
other information on the ballots or ballot labels of the
precincts for which the sample ballot is issued. The sample
ballot need not contain the office of, or candidates for,
precinct committeeperson. The sample ballots shall be identified
as such, and printed on cheaper, colored paper to distinguish
them from official ballots. A sample ballot shall not be voted or
counted.
(3) The governing body of a city, county or district may mail
sample ballots to all electors within the city, county or
district to assist the electors' preparation for voting.
SECTION 29. ORS 254.205 is amended to read:
254.205. (1) For any election conducted at polling places, the
county clerk shall produce a facsimile, except as to size, of the
ballot in a manner described in this section. For any primary
{ + or presidential primary + } election, a facsimile of the
ballot shall include the ballot of each major political party.
(2) The facsimile shall be:
(a) Published or inserted in one or more newspapers as
described in subsection (3) of this section; or
(b) Distributed to each residential postal mailing address
within the electoral district for which the election is being
held.
(3) If the facsimile is published or inserted in a newspaper:
(a) The facsimile shall be published or inserted not later than
the fourth day nor earlier than the 15th day before the election.
(b) The facsimile shall be published or inserted in at least
one issue of one newspaper in each county with a population of
less than 10,000, or in each county in which no more than one
newspaper is published. The facsimile shall be published or
inserted in at least one issue of two newspapers in each county
with a population of 10,000 or more in which more than one
newspaper is published. The county governing body, at the first
regular meeting each year, shall select the newspaper or
newspapers of general circulation in the county in which the
facsimile shall be published or inserted and shall notify the
county clerk of the selection.
(c) The county governing body may require publication or
insertion of the facsimile in additional newspapers and shall
select the newspapers at the same time as provided in paragraph
(b) of this subsection. The county governing body shall notify
the county clerk of any additional selections.
(d) The facsimile shall not be published in any newspaper
unless the newspaper agrees that no paid political advertisement
shall be placed on the same page as the facsimile or on the page
facing the facsimile. If a newspaper selected under paragraph (b)
or (c) of this subsection does not so agree, the county governing
body shall select another newspaper in the county with as nearly
as possible the same qualifications for the publication of the
facsimile.
(4) A facsimile distributed to each residential post office
mailing address within the electoral district for which the
election is being held shall have postage prepaid and shall be
considered to give notice when mailed. Facsimile ballots mailed
under this subsection shall be mailed not sooner than the 15th
day nor later than the 10th day before the election. Proof of
mailing shall be by affidavit of the county clerk.
(5) A facsimile printed in a county voters' pamphlet prepared
and distributed in accordance with ORS chapter 251 shall be
considered to satisfy the requirements of this section.
(6) As used in this section, 'electoral district' means a
county, city or district.
SECTION 30. ORS 254.365 is amended to read:
254.365. (1) An elector { - shall not be - } { + is not
+ }qualified or permitted to vote at any primary { + or
presidential primary + } election for any candidate of a major
political party, and it { - shall be - } { + is + } unlawful
for the elector to offer to do so, unless:
(a) The elector is registered as being affiliated with one of
the major political parties nominating or electing its candidates
for public office at the primary { + or presidential primary
+ }election; or
(b) The elector is registered as not being affiliated with any
political party and wishes to vote in the primary { + or
presidential primary + } election of a major political party that
has provided under subsection (3) of this section for a primary
{ + or presidential primary + } election that admits electors
not affiliated with any political party.
(2) Except as provided in ORS 254.470 (4), any elector offering
to vote at the primary election { + or presidential primary + }
shall be given a ballot of the major political party with which
the elector is registered as being affiliated. The elector
{ - shall - } { + may + } not be given a ballot of any other
political party at that primary { + or presidential primary + }
election. An elector not affiliated with any political party and
offering to vote at the primary { + or presidential primary + }
election shall be given the ballot of the major political party
in whose primary { + or presidential primary + } election the
elector wishes to vote if that party has provided under
subsection (3) of this section for a primary { + or presidential
primary + }election that admits electors not affiliated with any
political party. An elector not affiliated with any political
party who is given a ballot of the major political party
associates with the party for the purpose of voting in that
primary { + or presidential primary + }election.
(3) Not later than the 90th day before the date of the primary
{ + or presidential primary + } election, a major political
party may file with the Secretary of State a certified copy of
the current party rule allowing an elector not affiliated with
any political party to vote in the party's primary { + or
presidential primary + } election. The party { - shall - }
{ + may + } not repeal the rule as filed during the 90 days
before the primary { + or presidential primary + } election. The
rule shall continue to be effective after the date of the primary
{ + or presidential primary + } election until the party gives
written notice to the Secretary of State that the rule has been
repealed. A party rule under this subsection may limit the
candidates for whom an elector who is not affiliated with any
political party may vote. The party rule shall { - ,
however, - } allow any elector who is permitted to vote for the
most numerous branch of the Legislative Assembly to also vote in
federal legislative elections, consistent with section 2, Article
I, and the Seventeenth Amendment to the United States
Constitution.
(4) If the primary { + or presidential primary + }election
ballot includes city, county or nonpartisan offices or measures,
and it is given to an elector who is not eligible to vote for
party candidates, the ballot shall be marked 'limited. '
SECTION 31. ORS 254.370 is amended to read:
254.370. The county clerk shall maintain:
(1) A monthly registration record of all electors registered as
not being affiliated with any political party;
(2) At each primary { + or presidential primary + }election,
a record of the number of electors who voted from each major
political party;
(3) A record of all electors registered as not being affiliated
with any political party who vote in a primary { + or
presidential primary + }election of a major political party that
has provided under ORS 254.365 for a primary { + or presidential
primary + } election that admits electors not affiliated with any
political party; and
(4) A record of all electors registered as not being affiliated
with any political party who vote in the general election.
SECTION 32. ORS 254.465 is amended to read:
254.465. The following rules apply to elections conducted by
mail:
(1) An election held on the date of the primary { + ,
presidential primary + } or general election shall be conducted
by mail.
(2) A state election not described in subsection (1) of this
section may be conducted by mail. The Secretary of State by rule
shall direct that a state election authorized to be conducted by
mail under this subsection be conducted uniformly by mail or at
polling places.
(3) A county clerk may conduct an election not described in
subsections (1) and (2) of this section by mail in the county, in
a city or in a district defined in ORS 255.012, under the
supervision of the Secretary of State. In deciding to conduct an
election by mail, the county clerk may consider requests from the
governing body of the county, city or district and shall consider
whether conducting the election by mail will be economically and
administratively feasible.
(4) The Secretary of State shall adopt rules to provide for
uniformity in the conduct of state elections by mail.
SECTION 33. 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) of
this subsection, 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) 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 { + or
presidential 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) The county clerk shall mail the official ballot of a major
political party to an elector not affiliated with any political
party 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 { + or presidential 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 { + or presidential primary
+ }election of a major political party shall apply to the county
clerk in writing. The application shall indicate which major
political party ballot the elector wishes to receive. 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 { + or presidential 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 to a fine.
_________________________________________________________________
(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.
SECTION 34. ORS 254.474 is amended to read:
254.474. (1) Notwithstanding ORS 254.465 (1), at each primary
{ + or presidential primary + }election and general election,
the county clerk shall maintain voting booths in the county as
follows:
(a) In each county with 35,000 or more electors in the county,
the county clerk shall maintain a number of voting booths equal
to at least one voting booth for every 20,000 electors in the
county; and
(b) In each county with fewer than 35,000 electors in the
county, the county clerk shall maintain at least one voting
booth.
(2) The county clerk may determine the location of the voting
booths required under this section.
SECTION 35. ORS 254.555 is amended to read:
254.555. (1) Except as provided in ORS 254.548, not later than
the 30th day after any election, the Secretary of State,
regarding offices for which the secretary receives filings for
nomination, shall:
(a) Canvass the votes for the offices, except the office of
Governor after the general election.
(b) Enter in a register of nominations after the primary
{ + or presidential primary + }election the name and, if
applicable, major political party of each candidate nominated,
the office for which the candidate is nominated, and the date of
entry.
(c) Prepare and deliver a certificate of nomination or election
to each candidate having the most votes for nomination for or
election to the office. The Secretary of State shall sign the
certificate under the seal of the state.
(d) Issue a proclamation declaring the election of candidates
to the offices.
(2) Not later than the 30th day after the election:
(a) The Secretary of State, regarding measures for which the
secretary as the filing officer, shall canvass the votes for each
measure.
(b) The Governor shall issue a proclamation giving the number
of votes cast for or against each such measure, and declaring the
approved measures as the law on the effective date of the
measure. If two or more approved measures contain conflicting
provisions, the Governor shall proclaim which is paramount.
SECTION 36. ORS 260.532 is amended to read:
260.532. (1) { - No person shall - } { + A person may
not + } cause to be written, printed, published, posted,
communicated or circulated, any letter, circular, bill, placard,
poster, photograph or other publication, or cause any
advertisement to be placed in a publication, or singly or with
others pay for any advertisement, with knowledge or with reckless
disregard that the letter, circular, bill, placard, poster,
photograph, publication or advertisement contains a false
statement of material fact relating to any candidate, political
committee or measure.
(2) As used in subsection (1) of this section, 'cause' does not
include the broadcast of an advertisement by a radio or
television station or cable television company unless the
advertisement is for:
(a) The candidacy of the owner, licensee or operator of the
station or company; or
(b) A ballot measure of which a chief petitioner is the owner,
licensee or operator of the station or company.
(3) A candidate who knows of and consents to a publication or
advertisement prohibited by this section with knowledge or with
reckless disregard that it contains a false statement of material
fact, violates this section regardless of whether the candidate
has participated directly in the publication or advertisement.
(4) There is a rebuttable presumption that a candidate knows of
and consents to any publication or advertisement prohibited by
this section caused by a political committee over which the
candidate exercises any direction and control.
(5) Any candidate or political committee aggrieved by a
violation of this section shall have a right of action against
the person alleged to have committed the violation. The aggrieved
party may file the action in the circuit court for any county in
this state in which a defendant resides or can be found or, if
the defendant is a nonresident of this state, in the circuit
court for any county in which the publication occurred. To
prevail in such an action, the plaintiff must show by clear and
convincing evidence that the defendant violated subsection (1) of
this section.
(6) A plaintiff who prevails in an action provided by
subsection (5) of this section may recover economic and
noneconomic damages, as defined in ORS 31.710, or $2,500,
whichever is greater. The court may award such additional
equitable relief as it considers necessary or proper. The
equitable relief may include, but is not limited to, a
requirement that a retraction of the false statement be
disseminated in the manner directed by the court. Proof of
entitlement to economic and noneconomic damages must be by a
preponderance of evidence. The court shall award the prevailing
party reasonable attorney fees at trial and on appeal.
(7) A political committee has standing to bring an action
provided by subsection (5) of this section as plaintiff in its
own name, if its purpose as evidenced by its preelection
activities, solicitations and publications has been injured by
the violation and if it has fully complied with the provisions of
this chapter. In an action brought by a political committee as
provided by subsection (5) of this section, the plaintiff may
recover economic and noneconomic damages for all injury to the
purpose of the committee as provided in subsection (6) of this
section.
(8) If a judgment is rendered in an action under this section
against a defendant who has been nominated to public office or
elected to a public office other than state Senator or state
Representative, and it is established by clear and convincing
evidence that the false statement was deliberately made or caused
to be made by the defendant, the finder of fact shall determine
whether the false statement reversed the outcome of the election.
If the finder of fact finds by clear and convincing evidence that
the false statement reversed the outcome of the election, the
defendant shall be deprived of the nomination or election and the
nomination or office shall be declared vacant.
(9) An action under this section must be filed not later than
the 30th day after the election relating to which a publication
or advertisement in violation of this section was made.
Proceedings on a complaint filed under this section shall have
precedence over all other business on the docket. The courts
shall proceed in a manner which will ensure that:
(a) Final judgment on a complaint which relates to a primary
{ + or presidential primary + } election or nominating election
is rendered before the 30th day before the general election; and
(b) Final judgment on a complaint which relates to an election
to an office is rendered before the term of that office begins.
(10) The remedy provided by this section is the exclusive
remedy for a violation of this section.
SECTION 37. ORS 316.102 is amended to read:
316.102. (1) A credit against taxes shall be allowed for
voluntary contributions in money made in the taxable year:
(a) To a major political party qualified under ORS 248.006 or
to a committee thereof or to a minor political party qualified
under ORS 248.008 or to a committee thereof.
(b) To or for the use of a person who must be a candidate for
nomination or election to a federal, state or local elective
office in any primary election, { + presidential primary
election, + } general election or special election in this state.
The person must, in the calendar year in which the contribution
is made, either be listed on a primary election,
{ + presidential primary election, + }general election or
special election ballot in this state or have filed in this state
one of the following:
(A) A prospective petition;
(B) A declaration of candidacy;
(C) A certificate of nomination; or
(D) A designation of a principal campaign committee.
(c) To a political committee, as defined in ORS 260.005, if the
political committee has certified the name of its treasurer to
the filing officer, as defined in ORS 260.005, in the manner
provided in ORS chapter 260.
(2) The credit allowed by subsection (1) of this section shall
be the lesser of:
(a) The total contribution, not to exceed $50 on a separate
return; the total contribution, not to exceed $100 on a joint
return; or
(b) The tax liability of the taxpayer.
(3) The claim for tax credit shall be substantiated by
submission, with the tax return, of official receipts of the
candidate, agent, political party or committee thereof or
political committee to whom contribution was made.
SECTION 38. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
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