74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to RC to SB 74
LC 914/SB 74-1
HOUSE AMENDMENTS TO RESOLVE CONFLICTS TO
SENATE BILL 74
By COMMITTEE ON ELECTIONS, ETHICS AND RULES
May 7
On page 17 of the printed bill, after line 26, insert:
' { + SECTION 40a. + } { + If Senate Bill 84 becomes law,
section 40 of this 2007 Act (amending ORS 254.470) is repealed
and ORS 254.470, as amended by section 78, chapter ___, Oregon
Laws 2007 (Enrolled Senate Bill 84), 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) - } { + (1) + } The Secretary of State by rule
shall establish requirements and criteria for the designation of
places of deposit for the ballots cast in { - the - }
{ + an + } 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) - } { + (2)(a) + } Except as provided in
paragraphs { - (b), (c) and (d) - } { + (b) and (c) + } 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) - } { + (c) + } { - 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) - } { + (3) + } For an election held on the date
of a primary election:
' (a) The county clerk shall mail the official ballot of a
major political party to each elector who is registered as being
affiliated with the major political party as of the 21st day
before the date of the election.
' (b) 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 election that admits electors not
affiliated with any political party.
' (c) An elector not affiliated with any political party who
wishes to vote in the primary election of a major political party
shall apply to the county clerk in writing. The application shall
indicate which major political party ballot the elector wishes to
receive. Except for electors described in subsection
{ - (5) - } { + (4) + } of this section, and subject to ORS
247.203, the application must be received by the county clerk not
later than 5 p.m. of the 21st day before the date of the
election.
' (d) If the primary election ballot includes city, county or
nonpartisan offices or measures, { + the county clerk shall mail
to each + } { - an - } elector { + who is + } 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) - } { + (4) + } 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) - } { + (5) + } 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) - } { + (6) + } 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, at 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) - }
{ + (1) + } of this section on the date of the election.
' { - (8) - } { + (7) + } 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) - } { + (2) + } 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) - } { + (8) + } 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) - } { + (9) + } of this section.
' { - (10) - } { + (9) + } 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) - } { + (10) + } At 8 p.m. on election day,
electors who are at the county clerk's office, a { - site - }
{ + place of deposit + } designated under subsection
{ - (2) - } { + (1) + } 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.'.
On page 28, after line 38, insert:
' { + SECTION 67a. + } { + Notwithstanding section 58,
chapter ___, Oregon Laws 2007 (Enrolled Senate Bill 83) (amending
ORS 254.435), if Senate Bill 83 becomes law, ORS 254.435 is
repealed. + } ' .
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