74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 3270
Sponsored by Representative GREENLICK; Representatives BARNHART,
BUCKLEY, CANNON, CLEM, HOLVEY, MERKLEY, RILEY
CHAPTER ................
AN ACT
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 Oregon:
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.
Enrolled House Bill 3270 (HB 3270-B) Page 1
(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
Enrolled House Bill 3270 (HB 3270-B) Page 2
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
Enrolled House Bill 3270 (HB 3270-B) Page 3
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 - }
Enrolled House Bill 3270 (HB 3270-B) Page 4
{ + 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 + }.
Enrolled House Bill 3270 (HB 3270-B) Page 5
{ + (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.
Enrolled House Bill 3270 (HB 3270-B) Page 6
(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.
Enrolled House Bill 3270 (HB 3270-B) Page 7
(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.
Enrolled House Bill 3270 (HB 3270-B) Page 8
(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.
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Passed by House June 8, 2007
Repassed by House June 26, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 24, 2007
...........................................................
President of Senate
Enrolled House Bill 3270 (HB 3270-B) Page 9
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 3270 (HB 3270-B) Page 10