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 914
(To Resolve Conflicts)
A-Engrossed
Senate Bill 74
Ordered by the House May 7
Including House Amendments dated May 7 to resolve conflicts
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (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.
Modifies and repeals laws relating to elections conducted at
polling places.
A BILL FOR AN ACT
Relating to elections conducted at polling places; creating new
provisions; amending ORS 195.210, 202.180, 222.130, 246.025,
246.160, 246.200, 246.250, 247.290, 247.307, 249.078, 249.091,
250.037, 250.038, 251.175, 251.315, 253.005, 253.045, 253.055,
253.135, 253.700, 254.005, 254.035, 254.071, 254.076, 254.115,
254.125, 254.135, 254.145, 254.155, 254.165, 254.175, 254.185,
254.195, 254.235, 254.321, 254.365, 254.408, 254.411, 254.415,
254.445, 254.458, 254.465, 254.470, 254.474, 254.480, 254.483,
254.485, 254.495, 254.505, 254.525, 254.535, 254.655, 255.055,
255.215, 255.288, 260.665, 260.675, 260.695, 260.705, 260.715,
261.060, 370.031, 476.330, 545.139, 545.141 and 545.163; and
repealing ORS 246.015, 246.310, 246.320, 246.330, 246.335,
246.420, 247.304, 247.550, 253.007, 253.082, 253.085, 253.090,
253.095, 253.100, 253.120, 254.007, 254.205, 254.215, 254.226,
254.245, 254.265, 254.275, 254.295, 254.315, 254.325, 254.335,
254.345, 254.355, 254.375, 254.385, 254.390, 254.395, 254.405,
254.413, 254.419, 254.435, 254.455, 254.462, 255.095, 255.275
and 255.285.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 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. - }
{ + (1) County clerks shall conduct all elections in this
state by mail. + }
{ - (4) - } { + (2) + } The Secretary of State shall adopt
rules { + to:
(a) + } { - To - } Provide for uniformity in the conduct of
state elections by mail { + ; and
(b) Govern the procedures for conducting elections by mail + }.
SECTION 2. ORS 246.025 is amended to read:
246.025. (1) A person with a disability who is unable because
of the disability to sign any election document, including a
voter registration card { - , - } { + or + } ballot return
envelope { - or poll book - } , may use a signature stamp or
other indicator of the person's signature, as specified by the
Secretary of State by rule, whenever the signature of the person
is required under any election law.
(2) A person who desires to use a signature stamp or other
indicator of the person's signature as described in subsection
(1) of this section shall attest that the person needs to use the
stamp or indicator due to a disability. The attestation shall be
made at the time the person registers to vote or updates a
registration and shall be made on a form designed and supplied by
the Secretary of State.
SECTION 3. ORS 246.160 is amended to read:
246.160. The Secretary of State shall:
(1) Prepare and print, in appropriate and convenient form,
periodic compilations and digests of the state election statutes.
(2) Distribute in appropriate quantities to the county clerks
for use by the county clerks { - and by election boards, - }
copies of
{ - such - } { + the + } compilations and digests and
{ - such - } { + any + } supplies and materials necessary to
the conduct of elections as the Secretary of State considers
appropriate.
(3) Make the compilations and digests available for
distribution, free or at cost, to interested persons.
SECTION 4. ORS 246.200 is amended to read:
246.200. (1) Except as { - specifically provided otherwise in
the statute laws of this state - } { + otherwise provided by
law + }, the county clerk { - shall be - } { + is + } the
only elections officer { - to - } { + who may + } conduct
{ - any - } { + an + } election in this state. For { - the
purpose - } { + purposes + } of this section, the conduct of an
election includes, but is not limited to, establishing precincts
{ - and polling places - } , preparing ballots and sample
ballots, and receiving and processing votes.
(2) Notwithstanding subsection (1) of this section:
(a) The county clerk is not the only elections officer who may
accept and verify a filing for nomination or filing of a
petition, prepare a voters' pamphlet or ballot title, or prepare
or publish an election notice; and
(b) The Secretary of State may receive ballots as provided in
ORS 253.585.
SECTION 5. ORS 246.250 is amended to read:
246.250. (1) The county clerk may employ personnel and procure
equipment, supplies, materials, books, papers, records and
facilities of every kind as the clerk considers necessary to
facilitate and assist in administering the election laws.
(2) The necessary expenses incurred by the county clerk in
administering the election laws { - , including reasonable
rental for polling places, - } shall be allowed by the county
governing body and paid out of the county treasury.
(3) The county clerk and deputies may administer oaths and
affirmations in connection with the performance of their
functions in administering the election laws.
SECTION 6. ORS 247.290 is amended to read:
247.290. (1) An elector shall update a registration if:
(a) The residence address of the elector is changed for any
reason within the county in which the elector is registered,
except as provided in subsection (3) of this section { - . - }
{ + ; + }
(b) The elector desires to change or adopt a political party
affiliation { - . - } { + ; + }
(c) The mailing address of the elector is changed, except as
provided in subsection (3) of this section { - . - } { + ;
or + }
(d) The name of the elector is changed { + , + } except as
provided in ORS 254.411.
(2) A registration may be updated by an elector in the same
manner as an original registration or by the county clerk as
provided in this chapter.
{ - (3) Notwithstanding subsection (1) of this section: - }
{ - (a) - } { + (3) + } An elector need not update a
registration if:
{ - (A) - } { + (a) + } The United States Postal Service or
a city or county changes the residence or mailing address of the
elector and the residence of the elector has not been relocated;
or
{ - (B) - } { + (b) + } The registration of the elector has
been updated by the county clerk under ORS 247.292 or 247.296.
{ - (b) An elector whose mailing address has changed but
whose residence address has not changed, and whose registration
has not been canceled, may vote once in the precinct in which the
elector is registered. The following apply: - }
{ - (A) The election board clerk shall enter into the poll
book the fact that the elector's mailing address has changed.
Following the election, the county clerk shall send the elector
the notice described in ORS 247.563 and the registration of the
elector shall be considered inactive. - }
{ - (B) The registration of an elector whose mailing address
has changed must be updated in order for the elector to vote in
any subsequent election. - }
SECTION 7. ORS 247.307 is amended to read:
247.307. (1) { - In an election conducted by mail as provided
in ORS chapter 254, - } If the county clerk receives information
updating the registration of an elector after the deadline in ORS
247.025:
(a) The county clerk shall issue a ballot to the elector if the
elector's registration was inactive prior to updating { - . - }
{ + ; or + }
(b) The county clerk shall issue a replacement ballot upon
request from the elector if the elector's registration was active
prior to updating.
(2) Ballots issued under this section need not be mailed
{ + to electors + } after the fifth day before the date of the
election and may be obtained { + by the elector + } in person
from the county clerk up until and including the date of the
election.
SECTION 8. ORS 249.078 is amended to read:
249.078. (1) The name of a candidate for a major political
party nomination for President of the United States shall be
printed on the ballot { - or ballot label - } only:
(a) By direction of the Secretary of State who in the
secretary's sole discretion has determined that the candidate's
candidacy is generally advocated or is recognized in national
news media; or
(b) By nominating petition described in this section and filed
with the Secretary of State.
(2) A petition nominating a candidate under this section shall
contain from each congressional district the signatures of at
least 1,000 electors who are registered in the district and who
are members of the major political party of the candidate. The
electors in each congressional district shall include electors
registered in at least five percent of the precincts in each of
at least one-fourth of the counties in the congressional
district. The petition shall contain the printed name, residence
address and name or number of the precinct, if known, of each
elector whose signature appears on the petition. The signatures
shall be certified for genuineness by the county clerks under ORS
249.008.
{ + (3) + } Before circulating the { + nominating + }
petition, the chief sponsor shall file with the Secretary of
State a signed copy of the prospective petition. The chief
sponsor shall include with the prospective petition a statement
declaring whether one or more persons will be paid money or other
valuable consideration for obtaining signatures of electors on
the petition. After the prospective petition is filed, the chief
sponsor shall notify the Secretary of State not later than the
10th day after the chief sponsor first has knowledge or should
have had knowledge that:
(a) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no
such person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that
one or more such persons would be paid.
SECTION 9. ORS 249.091 is amended to read:
249.091. Unless otherwise provided by a home rule charter,
{ - when - } { + if + } a nominating petition or declaration
of candidacy is filed by no more than two candidates for the
office of sheriff, the office of county treasurer or the office
of county clerk or by no more than two candidates to fill a
vacancy in a nonpartisan office { - , - } { + :
(1) + } The candidate or candidates shall be the nominee or
nominees for the office { + ; + } and
{ + (2) + } The name or names of the candidate or candidates
{ - shall - } { + may + } not be printed on the ballot { - or
ballot label - } at the nominating election.
SECTION 10. ORS 250.037 is amended to read:
250.037. (1) The ballot title of any measure requesting elector
approval of bonds, the principal and interest on which will be
payable from taxes imposed on property or property ownership that
are not subject to the limitations of sections 11 and 11b,
Article XI of the Oregon Constitution, shall contain, in addition
to the matters required by ORS 250.035, the following statement
immediately after the ballot title question and appearing with
it, in this manner:
_________________________________________________________________
Question: (herein the question is stated) If the bonds are
approved, they will be payable from taxes on property or property
ownership that are not subject to the limits of sections 11 and
11b, Article XI of the Oregon Constitution.
_________________________________________________________________
(2) The words of the statement required by subsection (1) of
this section { - shall not be - } { + are not + } counted for
purposes of ORS 250.035.
(3) The ballot title statement for any measure requesting
elector approval of bonds, the principal and interest on which is
to be payable from taxes imposed on property or property
ownership that are not subject to the limitations of sections 11
and 11b, Article XI of the Oregon Constitution, shall contain, in
addition to the other requirements of ORS 250.035 and this
section, a reasonably detailed, simple and understandable
description of the use of proceeds.
(4) { - If the election for a measure to which this section
applies is to be conducted by mail, - } The front of the outer
envelope in which the ballot title is { - mailed - }
{ + delivered + } shall state, clearly and boldly printed in
red, 'CONTAINS VOTE ON PROPOSED TAX INCREASE. '
SECTION 11. ORS 250.038 is amended to read:
250.038. In addition to meeting other applicable requirements
of this chapter:
(1) The ballot title for a measure authorizing the imposition
of local option taxes shall contain the statement required by ORS
280.070 (4)(a) and the information required by ORS 280.070 (5);
(2) The ballot title for a measure authorizing the
establishment of a permanent rate limitation shall contain the
information required by ORS 280.070 (6); and
(3) { - If the election on a measure authorizing the
imposition of local option taxes or the establishment of a
permanent rate limitation is to be conducted by mail, - } The
front of the outer envelope in which the ballot title is
{ - mailed - } { + delivered + } shall state, clearly and
boldly printed in red, 'CONTAINS VOTE ON PROPOSED TAX INCREASE. '
SECTION 12. ORS 251.175 is amended to read:
251.175. (1) Except as provided in subsection (2) of this
section, not later than the 20th day before a primary election,
general election or special election for which a voters' pamphlet
has been prepared, the Secretary of State shall cause the voters'
pamphlet to be mailed to each post-office mailing address in
Oregon, and shall use any additional means of distribution
necessary to make the pamphlet available to electors.
(2) For any special election described in ORS 251.022 that is
not held statewide, or for any other state special election that
is not held statewide, the Secretary of State by rule may
prescribe methods for distributing the voters' pamphlet prepared
for the election. The rule shall require the secretary to mail
the pamphlet to at least each elector whose registration is
determined to be active on the 21st day before the date of the
election and who is eligible to vote in the election. The rule
may specify other methods of distribution. { - If the special
election is conducted by mail, - } Voters' pamphlets prepared
for the election shall be mailed not later than the date ballots
are mailed to electors as provided in ORS 254.470.
SECTION 13. ORS 251.315 is amended to read:
251.315. (1) If a county produces a county voters' pamphlet,
the county voters' pamphlet shall include, when applicable, at
least the following information:
{ - (a) If the election is conducted at polling places under
ORS chapter 254, a sample ballot containing the names of
candidates for all offices appearing on the ballot, and the
ballot titles of all measures appearing on the ballot in the
county. - }
{ - (b) - } { + (a) + } Requirements for a citizen to
qualify as an elector.
{ - (c) - } { + (b) + } Requirements for registration and
updates of registration.
{ - (d) - } { + (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.
{ - (e) - } { + (d) + } The hours and locations of
{ - sites - } { + places + } designated under ORS 254.470
{ - (2) - } for deposit of official ballots.
{ - (f) - } { + (e) + } Any portraits and statements
relating to candidates submitted in accordance with the
provisions of ORS 251.305 to 251.435.
{ - (g) - } { + (f) + } Any ballot titles, explanatory
statements and arguments submitted in accordance with the
provisions of ORS 251.305 to 251.435.
{ - (h) If the election is to be at the polls, a listing of
the polling places. - }
{ - (i) - } { + (g) + } Such other information as the
county clerk considers to be appropriate or necessary to inform
the voters.
(2) The county clerk shall mail or otherwise distribute the
county voters' pamphlet not later than { - the seventh day
before the election or the last day for mailing ballots if the
election is conducted by mail - } { + the last day for mailing
ballots to electors as provided in ORS 254.470 + }.
SECTION 14. ORS 253.005 is amended to read:
253.005. As used in this chapter:
(1) 'Clerk' means the county clerk.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(4) 'Absent elector' means a person to whom the county clerk
has issued a ballot prior to { - 8 p.m. the day of the election
in the case of an election conducted at polling places, or prior
to the mailing of ballots under ORS 254.470 (3)(a) for an
election conducted by mail - } { + the date that ballots are
mailed to electors as provided in ORS 254.470 (2)(a) or (b) + }.
SECTION 15. ORS 253.045 is amended to read:
253.045. (1) The clerk shall print as many absentee ballots as
may be necessary as soon as possible after receiving the
information concerning candidates and measures to be voted on at
an election, but not later than the 45th day before the election.
{ - (2) For an election conducted at polling places as
provided in ORS chapter 254: - }
{ - (a) The initials of the clerk may be placed on each
ballot stub to identify it as an absentee ballot. - }
{ - (b) The ballot stubs of each set of ballot forms
containing the same information may be numbered
consecutively. - }
{ - (3) - } { + (2) + } The clerk { - shall be - }
{ + is + } responsible for the safekeeping and disposition of
the ballots, and shall destroy all unused ballots as soon as
practicable after the election.
SECTION 16. ORS 253.055 is amended to read:
253.055. (1) Absentee ballots may be the regular ballots used
at the election or special ballots and, except as provided in
{ - subsections (2) and (3) - } { + subsection (2) + } of
this section, shall be in substantially the same form as the
regular ballots used at the election.
(2) In counties in which voting machines are used, paper
ballots may be used as absentee ballots.
{ - (3) Ballot stubs are not required on absentee
ballots. - }
{ - (4) - } { + (3) + } The ballot delivered to each absent
elector shall contain the names and other information concerning
all candidates and the information concerning all measures for
which the absent elector is entitled to vote. In lieu of the
names and other information concerning candidates for precinct
committeeperson, blank spaces shall be provided on the ballot, in
which the absent elector may write the name of a candidate for
that office.
SECTION 17. ORS 253.135 is amended to read:
253.135. (1) An elector who, on the day of an election, will be
absent from the county in which the elector is registered may
vote at the elections office of any county clerk { - or at any
polling site in this state - } .
(2) An elector voting under this section shall complete and
sign a voter registration card.
{ - (3) The elector shall insert the ballot into a small
envelope provided by the election board and then shall insert the
small envelope into a larger envelope. The larger envelope shall
be deposited into the ballot box. - }
{ - (4) - } { + (3) + } A ballot cast under this section
shall be forwarded to the county clerk of the county in which the
elector resides not later than the eighth day after the election.
The ballot shall be counted in the county in which the elector
resides if the elector is qualified to vote in that county. A
vote shall be counted only if the elector is qualified to vote
for the particular office or on the measure.
{ - (5) - } { + (4) + } This section does not apply to
persons registered under ORS 247.410 and 247.420.
SECTION 18. ORS 253.700 is amended to read:
253.700. (1) The county clerk, { - a member of the election
board or special counting board - } { + an elections
official + } or any elector shall challenge the absentee ballot
of any person offering to vote as an absent elector whom the
clerk, { - member - } { + official + } or elector knows or
suspects not to be qualified as an elector. The person's ballot
may be challenged at any time before the ballot is removed from
its return envelope for processing.
(2) A challenge to an absentee ballot of a person offering to
vote shall be made { - , - } under oath or affirmation before
the clerk { - , a member of the election board or special
counting board, - } and shall be in writing on a numbered
challenge form. The statement shall contain the name and
residence address of the challenger, the name of the person
challenged and a statement of the facts upon which the challenge
is based. Any elections official { - or member of an election
board or special counting board - } may administer the oath or
affirmation required under this subsection.
SECTION 19. ORS 254.005 is amended to read:
254.005. As used in this chapter:
(1) 'Ballot' means any material on which votes may be cast for
candidates or measures. In the case of a recall election, '
ballot' includes material posted in a voting compartment or
delivered to an elector by mail.
{ - (2) 'Ballot label' means the material containing the
names of candidates or the measures to be voted on. - }
{ - (3) - } { + (2) + } 'Chief elections officer' means
the:
(a) Secretary of State, regarding a candidate for a state
office or an office to be voted on in the state at large or in a
congressional district, or a measure to be voted on in the state
at large.
(b) County clerk, regarding a candidate for a county office, or
a measure to be voted on in a county only.
(c) City clerk, auditor or recorder, regarding a candidate for
a city office, or a measure to be voted on in a city only.
{ - (4) - } { + (3) + } 'County clerk' means the county
clerk or the county official in charge of elections.
{ - (5) - } { + (4) + } 'Elector' means an individual
qualified to vote under section 2, Article II, Oregon
Constitution.
{ - (6) - } { + (5) + } 'Major political party' means a
political party that has qualified as a major political party
under ORS 248.006.
{ - (7) - } { + (6) + } 'Measure' includes any of the
following submitted to the people for their approval or rejection
at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
{ - (8) - } { + (7) + } 'Minor political party' means a
political party that has qualified as a minor political party
under ORS 248.008.
{ - (9) - } { + (8) + } 'Nonpartisan office' means the
office of judge of the Supreme Court, Court of Appeals, circuit
court or the Oregon Tax Court, Superintendent of Public
Instruction, Commissioner of the Bureau of Labor and Industries,
any elected office of a metropolitan service district under ORS
chapter 268, justice of the peace, county clerk, county assessor,
county surveyor, county treasurer, county judge who exercises
judicial functions, sheriff, district attorney or any office
designated nonpartisan by a home rule charter.
{ - (10) - } { + (9) + } 'Prospective petition' means the
information, except signatures and other identification of
petition signers, required to be contained in a completed
petition.
{ - (11) - } { + (10) + } 'Regular district election' means
the election held each year for the purpose of electing members
of a district board as defined in ORS 255.005 (2).
{ - (12) - } { + (11) + } 'Vote tally system' means one or
more pieces of equipment necessary to examine and tally
automatically the marked ballots.
{ - (13) - } { + (12) + } 'Voting machine' means any device
that will record every vote cast on candidates and measures and
that will either internally or externally total all votes cast on
that device.
SECTION 20. ORS 254.035 is amended to read:
254.035. { + (1) + } It is the intention of the
{ - legislature - } { + Legislative Assembly + } to carry out
the provisions of section 14a, Article II, Oregon Constitution.
{ + (2) + } All elections for city officers shall be held at
the same time and place as elections for state and county
officers. { - The election boards for state and county
elections shall be the election boards for the city
elections. - } Unless a city charter or ordinance provides
otherwise, the ballots { - and ballot labels - } used for
state and county elections, if the county clerk considers it
practicable, shall be arranged to include city offices and
measures.
SECTION 21. ORS 254.071 is amended to read:
254.071. Prior to each election, the county clerk shall make
every reasonable effort to acquaint electors with the ballot
format to be used in the election and the methods used to mark
{ - or punch - } ballots to cast a valid vote.
SECTION 22. ORS 254.076 is amended to read:
254.076. The chief elections officer shall keep a register of
candidates for nomination at the 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 election.
(2) The name and mailing address of each candidate for
nomination at the 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 election.
SECTION 23. 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.
{ - (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) - } { + (2) + } 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) - } { + (3) + } The ballot { - shall - }
{ + may + } not contain the name of any person other than those
referred to in subsections (1) and { - (3) - } { + (2) + } 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 24. ORS 254.125 is amended to read:
254.125. (1) The names of candidates for a nonpartisan office
at a nominating election held on the date of the primary election
shall be listed without political party designation on a
nominating ballot { - or ballot label - } under the title, and
department or position number if any, of the office.
(2) At the primary election or general election:
(a) The names of candidates who are opposed for nomination or
election to the Supreme Court, Court of Appeals, Oregon Tax Court
and circuit court shall be printed on the ballot before the names
of candidates for those offices who are unopposed; and
(b) The word 'incumbent' shall follow the name of each
candidate for the Supreme Court, Court of Appeals, Oregon Tax
Court or circuit court who is designated the incumbent by the
Secretary of State under ORS 254.085.
SECTION 25. ORS 254.135 is amended to read:
254.135. (1) The official general or special election ballot
{ - or ballot label - } shall be styled 'Official Ballot' and
shall state:
(a) The name of the county for which it is intended.
(b) The date of the election.
(c) The names of all candidates for offices to be filled at the
election whose nominations have been made and accepted and who
have not died, withdrawn or become disqualified. The ballot
{ - or ballot label - } may not contain the name of any other
person.
(d) The number, ballot title and financial estimates under ORS
250.125 of any measure to be voted on at the 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) - } { + (2) + } The names of candidates for
President and Vice President of the United States shall be
printed in groups together, under their political party
designations. The names of the electors may not be printed on the
general election ballot. A vote for the candidates for President
and Vice President { - shall be - } { + is + } a vote for the
group of presidential electors supporting those candidates and
selected as provided by law. The general election ballot shall
state that electors of President and Vice President are being
elected and that a vote for the candidates for President and Vice
President shall be a vote for the electors supporting those
candidates.
{ - (4)(a) - } { + (3)(a) + } The name of each candidate
nominated shall be printed upon the ballot { - or ballot
label - } in but one place, without regard to how many times the
candidate may have been nominated. The name of a political party
shall be added opposite the name of a candidate for other than
nonpartisan office according to the following rules:
(A) For a candidate not affiliated with a political party who
is nominated by a minor political party, the name of the minor
political party shall be added opposite the name of the
candidate;
(B) For a candidate not affiliated with a political party who
is nominated by more than one minor political party, the name of
the minor political party selected by the candidate shall be
added opposite the name of the candidate;
(C) For a candidate who is a member of a political party who is
nominated by a political party of which the candidate is not a
member, the name of the political party that nominated the
candidate shall be added opposite the name of the candidate;
(D) For a candidate who is a member of a political party who is
nominated by more than one political party of which the candidate
is not a member, the name of the political party selected by the
candidate shall be added opposite the name of the candidate; and
(E) For a candidate who is nominated by a political party of
which the candidate is a member, the name of the political party
of which the candidate is a member shall be added opposite the
name of the candidate.
(b) If a candidate is required to select the name of a
political party to be added on the ballot under paragraph (a) of
this subsection, the candidate shall notify the filing officer of
the selection not later than the 61st day before the day of the
election.
(c) The word 'incumbent' shall follow the name of each
candidate for the Supreme Court, Court of Appeals, Oregon Tax
Court or circuit court who is designated the incumbent by the
Secretary of State under ORS 254.085.
(d) The word 'nonaffiliated' shall follow the name of each
candidate who is not affiliated with a political party and who is
nominated by an assembly of electors or individual electors.
(e) If two or more candidates for the same 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. ORS 254.145 is amended to read:
254.145. (1) { + (a) Except as provided in paragraph (b) of
this subsection, + } the names of candidates for nomination for
or election to each office shall be arranged on the ballot
{ - or ballot label - } in the order determined under ORS
254.155.
{ + (b) + } The names of candidates for the offices of
President and Vice President of the United States { - ,
however, - } shall be arranged in groups.
{ + (2) + } Except as provided in ORS 254.125 { - , - }
{ + and + } 254.135 and this section, no information about the
candidate, including any title or designation, other than the
candidate's name, { - shall - } { + may + } appear on the
ballot. { - In a precinct in which voting machines are used,
spaces shall be provided, either on the ballot or on separate
material delivered to the elector with the ballot, in which the
elector may write the names of persons for any offices appearing
on the ballot label. In other precincts, at the end of the list
of candidates for each office shall be a blank space in which the
elector may write the name of any person not printed on the
ballot. - }
{ + (3) Spaces shall be provided for any offices appearing on
the ballot in which the elector may write the name of any person
not printed on the ballot. If a voting machine is used, spaces
shall be provided on the ballot, or on separate material
delivered to the elector with the ballot, in which the elector
may write or enter the names of persons for any offices appearing
on the ballot. + }
{ + (4) + } On the left margin of the ballot { + , + }
{ - or ballot label - } the name of each group or candidate may
be numbered. The blank spaces
{ - shall - } { + may + } not be numbered. A particular
number { - shall - } { + may + } not be used to designate
more than one candidate at any election.
{ - (2) - } { + (5) + } The names of all candidates for the
same office shall be listed in the same column on the ballot
{ - or ballot label - } . If more than one column is needed to
list names of all candidates for that office, the names may be
arranged in one or more columns in block form. The block shall be
set apart by rulings under the title of the office. If a blank
space follows the list of candidates, the space shall be in the
same column as the names of candidates for that office. If blocks
of columns are used, blank spaces shall be included within the
ruled block.
{ - (3) - } { + (6) + } { - In precincts using voting
machines, the ballot label - } { + The ballot + } shall be
clearly marked to indicate when names of candidates for the
office are continued on the following page.
{ - (4) - } { + (7) + } When a measure is submitted to the
people, the number, ballot title and financial estimates under
ORS 250.125 of each measure shall be printed after the list of
candidates. A measure referred by the Legislative Assembly shall
be designated ' Referred to the People by the Legislative
Assembly.' A state measure referred by petition shall be
designated 'Referendum Order by Petition of the People.' A state
measure proposed by initiative petition shall be designated
'Proposed by Initiative Petition. '
{ - (5) For an election conducted at polling places under
this chapter, each official ballot shall have a removable stub.
The stub on the ballots for a precinct shall be numbered
consecutively. - }
{ - (6) - } { + (8) + } The ballot shall be printed to give
the elector a clear opportunity to designate the elector's choice
for candidates and approval or rejection of measures submitted.
{ - In precincts not using voting machines - } { + If a voting
machine is not used, + } the elector shall indicate a preference
by making a cross or check mark inside a voting square
corresponding to the candidate or answer for which the elector
wishes to vote. A voting square may be printed on the blank,
write-in vote spaces. However, the elector is not required to
place a mark in the voting square corresponding to a name written
in a blank space. { - On the ballot or ballot label shall be
printed words - } { + Words shall be printed on the ballot + }
to aid the elector, such as 'Vote for one,' 'Vote for three,' and
regarding measures, 'Yes' and 'No. '
SECTION 27. ORS 254.155 is amended to read:
254.155. { - (1) This section governs the procedure for
determining the order on the ballot of names of candidates for
nomination for or election to all offices at any election. - }
{ - (2) - } { + (1) + } Not later than the 69th day before
the date of any election the Secretary of State shall complete a
random ordering of the letters of the alphabet.
{ - (3) - } { + (2) + } Not later than the 68th day before
the date of any election the Secretary of State shall mail
{ + or deliver + } to each county clerk a copy of the random
ordering of the letters of the alphabet.
{ - (4) - } { + (3) + } The county clerk shall arrange by
surname the names of the candidates on the ballot { - or ballot
label - } in the random order of the letters of the alphabet
completed by the Secretary of State under subsection
{ - (2) - } { + (1) + } of this section.
SECTION 28. ORS 254.165 is amended to read:
254.165. (1) If the filing officer determines that a candidate
has died, withdrawn { - , - } { + or + } become disqualified,
or that the candidate will not qualify in time for the office if
elected, the name of the candidate { - shall - } { + may + }
not be printed on the ballots { - or ballot labels - } or, if
they have already been printed, shall be erased or canceled
before the ballots are { - given - } { + delivered + } to the
electors. The name of a candidate nominated to fill a vacancy in
nomination or office shall be printed on the ballots { - or
ballot labels - } or, if they have already been printed, the
county clerk shall cause the name to appear on the ballots
{ - or ballot labels - } before the ballots are { - given - }
{ + delivered + } to the electors. A filing officer, other than
the Secretary of State, shall notify the Secretary of State of
any action taken under this section.
(2) Subsection (1) of this section does not apply if the filing
officer makes the determination under subsection (1) of this
section on or after the 30th day before the date of the election.
(3) As used in this section:
(a) 'District' means a district defined in ORS 255.012.
(b) 'Filing officer' means the:
(A) Secretary of State, regarding a candidate for a state
office or an office to be voted on in the state at large or in a
congressional district.
(B) County clerk, regarding a candidate for a county office.
(C) County clerk of the county in which the administrative
office of the district is located, regarding a candidate for a
district office to be voted on in a district located in more than
one county.
(D) County clerk, regarding a candidate for a district office
to be voted on in a district situated wholly within the county.
(E) City clerk, auditor or recorder, regarding a candidate for
a city office.
SECTION 29. ORS 254.175 is amended to read:
254.175. (1) In lieu of printing the complete ballot title of
any measure, other than a state measure, the county clerk may
print the caption and the question of the ballot title and the
measure number on the ballot { + . + } { - or ballot label. If
the complete ballot title is omitted from the ballots or ballot
labels and the election is conducted at polling places, the
complete ballot title shall be printed in 14-point type or larger
and posted in each voting compartment within view of the
elector. - }
(2) In lieu of printing the complete ballot title and financial
estimates of any state measure to be initiated or referred, the
county clerk may print the caption of the ballot title, the
statements described in ORS 250.035 (2)(b) and (c) and the
measure number on the ballot { + . + } { - or ballot label. If
the complete ballot title and financial estimates are omitted
from the ballots or ballot labels and the election is conducted
at polling places, they shall be printed in 14-point type or
larger and posted in each voting compartment within view of the
elector. - }
{ - (3) In the case of a recall election: - }
{ - (a) If the election is conducted at polling places, the
statements described in section 18, Article II of the Oregon
Constitution, and ORS 249.877 may be posted in each voting
compartment within view of the elector; and - }
{ - (b) - } { + (3) + } { - If the ballot is delivered by
mail, - } { + In the case of a recall election, + } the
statements described in section 18, Article II of the Oregon
Constitution, and ORS 249.877 shall be
{ - included with material delivered to the elector - }
{ + printed on the ballot + }.
(4) The complete text of each ballot title and any financial
estimates shall be included with { - any absentee or mailed - }
{ + each + } official ballot.
{ - (5) Sample ballots and the publication of any facsimile
sample ballots shall include the full text of the ballot title
and any financial estimates. - }
SECTION 30. ORS 254.185 is amended to read:
254.185. The county clerk shall print { + or furnish + } all
the required ballots { - and ballot labels - } and shall
{ - furnish - } { + provide + } them for use by electors in
the county. Only { - these ballots and ballot labels shall - }
{ + ballots printed or furnished under this section may + } be
used in an election.
SECTION 31. 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 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) - } { + (2) + } 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 32. ORS 254.235 is amended to read:
254.235. (1) Not later than five business days before an
election in which voting machines or vote tally systems are used,
the county clerk shall:
(a) Conduct a preparatory test of the machine and system for
logic and accuracy to ensure that each ballot format, where
appropriate, correctly tallies ballots in each electoral contest
by precinct; and
(b) Conduct a public certification test for the vote tally
system using a selection of precincts, ballot formats and
electoral districts from the preparatory test conducted under
this subsection.
(2) Prior to the public certification test under subsection
(1)(b) of this section, the county clerk shall mail to each
affiliate of a major or minor political party within the county
that has notified the clerk that notice is desired, a notice of
the time and place where the vote tally system will be publicly
tested. One representative of each party is entitled to be
present to ensure that the testing is done properly. In
nonpartisan elections each candidate may designate one
representative who has the same powers as the political party
representatives. The party and candidate representatives shall
certify that they have witnessed the testing. The certificates
shall be filed with the county clerk.
{ - (3) In an election where voting machines are used, the
county clerk shall prepare a certificate that the ballot labels
have been properly placed in the machine. - }
SECTION 33. ORS 254.321 is amended to read:
254.321. At any election in which the question of establishing
or changing the exterior boundaries of a county or city is
submitted to a vote, the county clerk shall:
{ - (1) Post in each voting compartment a map indicating the
proposed boundaries; - }
{ - (2) - } { + (1) + } Include with { - any - }
{ + every + } mailed ballot a map indicating the proposed
boundaries; or
{ - (3) - } { + (2) + } Print in a voters' pamphlet
prepared for the election a map indicating the proposed
boundaries.
SECTION 34. 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 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 election; or
(b) The elector is registered as not being affiliated with any
political party and wishes to vote in the primary election of a
major political party that has provided under subsection (3) of
this section for a primary election that admits electors not
affiliated with any political party.
(2) Except as provided in ORS 254.470 { - (4) - }
{ + (3) + }, any elector offering to vote at the primary
election 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 election. An elector
not affiliated with any political party and offering to vote at
the primary election shall be given the ballot of the major
political party in whose primary election the elector wishes to
vote if that party has provided under subsection (3) of this
section for a 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 election.
(3) { + (a) + } Not later than the 90th day before the date of
the 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 election. The party { - shall - }
{ + may + } not repeal the rule as filed during the 90 days
before the primary election. The rule shall continue to be
effective after the date of the primary election until the party
gives written notice to the Secretary of State that the rule has
been repealed. { + Except as provided in paragraph (b) of this
subsection, + } a party rule under this subsection may limit the
candidates for whom an elector who is not affiliated with any
political party may vote.
{ + (b) + } The party rule shall { - , however, - } allow
any elector who is permitted to vote for the most numerous branch
of the Legislative Assembly { - to - } also { + to + } vote
in federal legislative elections, consistent with section 2,
Article I, and the Seventeenth Amendment to the United States
Constitution.
(4) If the 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 - } { + non-affiliated + }. '
SECTION 35. ORS 254.408 is amended to read:
254.408. (1) A person offering to vote and who claims to be an
elector, but for whom no evidence of active or inactive
registration can be found, shall be granted the right to vote in
the manner provided in this section.
(2) Whenever an elector updates a registration at a
{ - polling place on the date of the election - } { + county
clerk's office after the ballots have been mailed under ORS
254.470 + }, the elector shall vote { + in that election + } in
the manner provided in this section.
(3) An elector voting under this section shall complete and
sign a registration card.
(4) The elector shall insert the ballot into a small envelope
provided by the { - election board - } { + county clerk + }
and then insert the small envelope into a larger envelope. The
larger envelope shall be { - deposited in the ballot box - }
{ + delivered to the county clerk and + }
{ - . When the ballot box is opened, the larger envelopes - }
shall be segregated and not counted until the registration of the
elector is verified under this section.
(5) The county clerk shall determine if the elector is validly
registered to vote and if the vote was properly cast. The ballot
shall be counted only if the county clerk determines the
registration of the elector is considered active or inactive.
(6) A vote shall be counted only if the elector is qualified to
vote for the particular office or on the measure.
SECTION 36. ORS 254.411 is amended to read:
254.411. (1) Any elector whose name has been changed may vote
once in the { - precinct - } { + county + } in which the
elector is registered under the elector's former name.
{ - (2) If the elector votes at a polling place, the election
board clerk shall enter into the poll book the fact that the
elector's name has changed. - }
{ - (3) - } { + (2) + } Following the election, the
registration of the elector shall be considered inactive.
{ - (4) - } { + (3) + } In order to vote at subsequent
elections the elector whose name has changed must update the
elector's registration.
SECTION 37. ORS 254.415 is amended to read:
254.415. { + (1) + } The county clerk, { - a member of an
election board - } { + an elections official + } or any elector
shall challenge the ballot of any person offering to vote whom
the clerk, { - member - } { + official + } or elector knows or
suspects not to be qualified as an elector.
{ + (2) + } The clerk, { - member - } { + official + } or
elector challenging the ballot shall make, under oath or
affirmation before a county clerk or { - member of an election
board - } { + other elections official + }, a written and
numbered statement of challenge. The statement shall contain the
name and residence address of the challenger, the name of the
person challenged and a statement of the facts upon which the
challenge is based.
{ + (3) + } { - For an election conducted by mail, - } A
person's ballot may be challenged at any time before the ballot
is removed from its return envelope for processing.
SECTION 38. ORS 254.445 is amended to read:
254.445. (1) { - Any elector who - } { + If an elector + }
is within the county and, because of a physical disability or an
inability to read or write, is unable to mark { - or punch - }
the ballot, { - upon - } { + the elector may + } request
{ - , - } { + and + } shall receive the assistance of two
persons of different parties provided by the clerk or of some
other person chosen by the elector in marking { - or
punching - } the ballot. The persons assisting the elector shall
ascertain the wishes of the elector and assist the elector in
voting the ballot accordingly, and thereafter { - shall - }
{ + may + } give no information regarding the vote.
(2) A person may not assist an elector under subsection (1) of
this section if the person:
(a) Is an employer of the elector or an agent of the employer;
or
(b) Is an officer or agent of the union of which the elector is
a member.
{ - (3) If the election is conducted at polling places: - }
{ - (a) The board chairperson may require a declaration of
disability to be made by the elector under oath. Whenever an
elector receives assistance in this manner, a clerk shall make a
notation of it in the poll book following the name of the
elector. - }
{ - (b) When any elector, because of a physical disability or
an inability to read or write, is unable to sign the poll book, a
clerk, under supervision of the chairperson, shall enter the
words ' unable to sign' in the place provided for the elector's
signature. - }
{ - (4) - } { + (3) + } In preparing the ballot, an elector
may use or copy a sample ballot, which may be marked in advance
to assist the elector in marking { - or punching - } the
official ballot.
SECTION 39. ORS 254.458 is amended to read:
254.458. Notwithstanding any provision of ORS { - 254.419
or - } 254.470:
(1) A county clerk may apply to the Secretary of State for
approval of any procedure to be used in lieu of the envelope
procedures described in ORS { - 254.419 or - } 254.470; and
(2) { - The Secretary of State, - } Upon receiving an
application under subsection (1) of this section, { + the
secretary + } may approve a procedure to be used in lieu of the
envelope procedures described in ORS { - 254.419 or - }
254.470 if the secretary { - of State - } determines that the
procedure will provide substantially the same degree of secrecy
as ORS { - 254.419 or - } 254.470.
SECTION 40. 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) - } { + (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, 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) or (4) - } { + (2) or (3) + } 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.
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.
SECTION 41. ORS 254.474 is amended to read:
254.474. (1) { - Notwithstanding ORS 254.465 (1), - } At
each 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 42. ORS 254.480 is amended to read:
254.480. (1) { - In an election conducted by mail, - } An
elector may obtain a replacement ballot described in ORS 254.470
{ - (8) - } . To vote a replacement ballot, the elector must
complete and sign a replacement ballot request form. The request
for a replacement ballot may be made electronically, by
telephone, in writing, in person or by other means designated by
the Secretary of State by rule.
(2) The replacement ballot request form shall be mailed or made
available to the elector along with the replacement ballot.
(3) Upon receiving a request for a replacement ballot, the
county clerk shall:
(a) Verify the registration of the elector and ensure that
another ballot has not been returned by the elector;
(b) Note in the list of electors that the elector has requested
a replacement ballot;
(c) Mark the return identification envelope clearly so that it
may be readily identified as a replacement ballot; and
(d) Issue the replacement ballot by mail or other means.
(4) The completed and signed replacement ballot request form
and the voted replacement ballot must be received at the office
of the county clerk, a place of deposit designated by the county
clerk or at any location described in ORS 254.472 or 254.474 not
later than the end of the period determined under ORS 254.470
{ - (2) - } { + (1) + } on the date of the election.
(5) Upon receiving a voted replacement ballot, the county clerk
shall verify that a completed and signed replacement ballot
request form has been received by the county clerk or is included
with the voted replacement ballot. If a request form has been
completed and signed by the elector and received by the county
clerk, the county clerk shall process the ballot. If the request
form is not completed or signed by the elector or received by the
county clerk, the county clerk may not process the ballot.
SECTION 43. ORS 254.483 is amended to read:
254.483. Immediately after { - the close of the polls - }
{ + 8 p.m. on the day of an election + }:
{ - (1) The names of electors who voted shall be counted and
the number written in the poll book. - }
{ - (2) If the election board has unused ballots in its
custody that can be used for another election: - }
{ - (a) The board, by an examination of the poll book, shall
determine the number of ballots voted and the number of ballots
spoiled. These totals shall be written in the poll book; and - }
{ - (b) The board shall count the unused ballots in its
custody and shall write this number in the poll book. - }
{ - (3) The election board shall destroy all unused ballots
which are printed or identified for a particular election. - }
{ - (4) The board chairperson and clerks shall certify the
accounting as written in the poll book by signing the poll
book. - }
{ - (5) At a polling place in which ballot labels are used,
the election board shall seal the ballot labels closed. - }
{ - (6) - } { + (1) + } The county clerk shall destroy all
unused absentee and regular ballots in the county clerk's
possession.
{ - (7) - } { + (2) + } Each county shall provide for the
security of, and shall account for, unused ballots.
SECTION 44. ORS 254.485 is amended to read:
254.485. (1) Ballots may be tallied by a vote tally system or
by a counting board. A counting board may tally ballots at the
precinct or in the office of the county clerk. In any event, the
ballots shall be tallied and returned by precinct.
(2) If a vote tally system is used, the county clerk shall
repeat the public certification test described under ORS 254.235
(1). The test shall be conducted on the date of the election and
prior to beginning the tally of ballots. The test may be observed
by persons described in ORS 254.235 (2). The county clerk shall
certify the results of the test.
(3) If a vote tally system is used or if a counting board has
been appointed, the tally of ballots may begin { - before the
polls close - } { + on the date of the election + }.
(4) { + (a) + } If ballots are tallied by a counting board,
after the tally has begun it shall continue until completed.
{ + Except as provided in paragraph (b) of this subsection, + }
a counting board shall tally without adjournment and in the
presence of the clerks and persons authorized to attend.
{ - However, the - }
{ + (b) A counting + } board may be relieved by another board
if the tally is not completed after 12 hours.
(5) A counting board shall audibly announce the tally as it
proceeds. The board shall use only pen and ink to tally.
(6) For ballots cast using a voting machine, the county clerk
shall:
(a) Enter the ballots cast using the machine into the vote
tally system; and
(b) In the event of a recount, provide the paper record copy
recorded by the machine to the counting board.
(7) A person other than the county clerk, a member of a
counting board or any other elections official designated by the
county clerk may not tally ballots under this chapter.
SECTION 45. ORS 254.495 is amended to read:
254.495. { + (1) + } { - The election board, - } To tally
ballots { - , - } { + by hand, the counting board + }shall
use the tally sheets and two copies of the return sheet.
{ + (2) + } The completed { + tally and return + } sheets
shall contain { + :
(a) + } The offices on the ballot { - , - } { + ;
(b) + } The number and name of each candidate who received a
vote { - , - } { + ;
(c) + } The total number of votes cast for each candidate and
each measure voted upon { - , - } { + ; + } and
{ + (d) + } The total number of votes cast for and against
the measure.
{ + (3) + } The tally and return sheets, when completed,
shall be certified correct by the { - election - }
{ + counting + } board { - which - } { + that + } kept them.
SECTION 46. ORS 254.505 is amended to read:
254.505. (1) Only official ballots { - shall - }
{ + may + } be counted. Any vote from which it is impossible to
determine the elector's choice for the office or measure
{ - shall - } { + may + } not be counted. { + An elector may
not place on the ballot a sticker bearing the name of a person or
use any other method or device, except writing or using a voting
machine, to vote for a person whose name is not printed on the
ballot. + } Any ballot that has a sticker or other device
{ - in violation of ORS 254.405 (2) shall be - } { + is + }
void and
{ - shall - } { + may + } not be counted. Counting board
clerks shall disregard misspelling or abbreviations of the names
of candidates if it can be ascertained from the ballot for whom
the vote was intended.
(2) When ballots are counted by counting boards, the board
chairperson, using ink, immediately shall initial the back of the
wholly or partially void ballot and write on it 'Not counted
for ____ ' (stating the office or measure). The
{ - election - } { + counting + } board shall seal the wholly
void ballots in an envelope.
SECTION 47. ORS 254.525 is amended to read:
254.525. { - (1) Immediately after the tally of votes: - }
{ - (a) The board chairperson shall count the regular and
absentee ballots either tallied or rejected, and write the number
in the poll book. The number shall be certified as correct by
board members. - }
{ - (b) If all votes cast at the polling place are tallied
there, the election board shall post one copy of the return sheet
in a prominent location outside the polling place. - }
{ - (c) The election board shall deliver under seal to the
county clerk one copy of the return sheet, the tally sheet,
ballots, ballot stubs, ballot boxes and written challenge
statements. The board also shall deliver the other equipment to
the county clerk. - }
{ - (2) - } If a vote tally system is used, the county clerk
shall repeat the public certification test described under ORS
254.235 (1) { + for the vote tally system used to conduct the
election + }. The test shall be conducted after all the ballots
are tallied but before the final results of the election are
certified or before the vote tally system is shut down. The test
may be observed by persons described in ORS 254.235 (2). The
county clerk shall certify the results of the test.
SECTION 48. ORS 254.535 is amended to read:
254.535. (1) Except as provided in subsection (3) of this
section, each { - poll book, - } tally sheet, return sheet and
ballot return identification envelope shall be preserved for two
years after the election to which it relates.
(2) Except as provided in subsection (3) of this section, the
county clerk shall destroy the ballots { - , ballot stubs - }
and written challenge statements not sooner than the 90th day
after the final day permitted for a contest of the election,
unless otherwise ordered by the court.
(3) In accordance with 42 U.S.C. 1974, any ballot, voter
registration records and any other materials relating to any
election at which a candidate is nominated or elected to federal
office shall be retained for not less than 22 months following
the date of the election.
SECTION 49. ORS 254.655 is amended to read:
254.655. (1) If the Secretary of State determines that a
special election is necessary under ORS 254.650, the secretary
shall issue an order calling the election. The secretary shall
issue the order not later than the fifth business day after the
date of the general election.
(2) The date of the special election shall be determined by the
Secretary of State by rule. The special election shall be held
not sooner than January 2 of the odd-numbered year following the
date of the general election and not later than the Friday before
the second Monday in January of the odd-numbered year.
{ - (3) Notwithstanding ORS 254.465, the special election
shall be held by mail as provided in ORS 254.470. - }
{ - (4) - } { + (3) + } { - There shall be no - }
{ + A + } state voters' pamphlet { + may not be prepared + }
for any special election called under this section.
SECTION 50. ORS 255.055 is amended to read:
255.055. The elections officer may delegate to the district
elections authority at the request of the district elections
authority any responsibility to conduct the district election, in
whole or in part, { - except the designation of polling
places, - } if the elections officer determines that:
(1) The election will be conducted in accordance with this
chapter; { + and + }
{ - (2) The polling places designated by the elections
officer for the election will be the only polling places used by
the district for that election; and - }
{ - (3) - } { + (2) + } No inconvenience for electors of
the district will result.
SECTION 51. ORS 255.215 is amended to read:
255.215. In lieu of or in addition to publication of notice
under ORS 255.085 { - and 255.095 - } , if it is expedient to
do so the elections officer may give notice by mail to each
elector of the district. The notice shall have postage prepaid
{ - , - } and shall be considered given when mailed. Mailed
notice of a district election under ORS 255.085 shall be made not
later than three days after receipt of the ballot title. Proof of
mailing shall be by affidavit of the elections officer. The
affidavit shall state the time and place the notice was mailed.
SECTION 52. ORS 255.288 is amended to read:
255.288. At any election in which the question of establishing
or changing the exterior boundaries of a district or the question
of establishing or changing boundaries of electoral zones or
subdistricts within a district is submitted to a vote, the
elections officer shall provide a map indicating the proposed
boundaries. The elections officer shall provide the map by:
{ - (1) Posting the map in each voting compartment or by each
shelf or table, within view of the elector; - }
{ - (2) - } { + (1) + } Printing the map in any voters'
pamphlet prepared for the district election { - and making the
voters' pamphlet available at each polling place - } ; or
{ - (3) - } { + (2) + } { - Mailing - }
{ + Including + } the map with the ballot { - in an election
conducted by mail if the county does not produce a voters'
pamphlet for the election - } .
SECTION 53. ORS 260.665 is amended to read:
260.665. (1) As used in this section, 'undue influence ' means
force, violence, restraint or the threat of it, inflicting
injury, damage, harm, loss of employment or other loss or the
threat of it, or giving or promising to give money, employment or
other thing of value.
(2) { - No - } { + A + } person, acting either alone or
with or through any other person, { - shall - } { + may
not + } directly or indirectly subject any person to undue
influence with the intent to induce any person to:
(a) Register or vote;
(b) Refrain from registering or voting;
(c) Register or vote in any particular manner;
(d) Be or refrain from or cease being a candidate;
(e) Contribute or refrain from contributing to any candidate,
political party or political committee;
(f) Render or refrain from rendering services to any candidate,
political party or political committee;
(g) Challenge or refrain from challenging a person offering to
vote; or
(h) Apply or refrain from applying for an absentee ballot.
(3) { - No - } { + A + } person { - shall - } { + may
not + } solicit or accept money or other thing of value as an
inducement to act as prohibited by subsection (2) of this
section.
(4) This section does not prohibit:
(a) The employment of persons to render services to candidates,
political parties or political committees;
(b) The public distribution by candidates, political parties or
political committees of sample ballots or other items readily
available to the public without charge, even though the
distributor incurs costs in the distribution;
(c) Public or nonpromissory statements by or on behalf of a
candidate of the candidate's intentions or purposes if elected;
(d) A promise by a candidate to employ any person as
administrative assistant, secretary or other direct personal
aide;
(e) Free custody and care of minor children of persons during
the time those persons are absent from those children for voting
purposes;
(f) { + For persons voting, + } free transportation to and
from { - the polls for persons voting - } { + places
designated for the deposit of ballots under ORS 254.470 or + }
{ + to and from locations described in ORS 254.472 or
254.474 + }; but no means of advertising, solicitation or
inducement to influence the vote of persons transported
{ - shall - } { + may + } be used with that transportation;
(g) Individuals or political committees from providing
refreshments incidental to a gathering in support of or in
opposition to a candidate, political committee or measure; or
(h) The public distribution of registration cards by a person
approved by the Secretary of State under ORS 247.171 to print,
copy or otherwise prepare and distribute registration cards, even
though the distributor incurs costs in the distribution.
SECTION 54. ORS 260.675 is amended to read:
260.675. { + (1) + } { - No - } { + A + } person employed
or authorized to print official ballots { - or ballot labels
shall - } { + may not + } give, deliver or knowingly permit any
of the ballots { - or ballot labels - } to be taken by any
person other than the official under whose direction the ballots
{ - or ballot labels - } are printed.
{ + (2) + } { - No - } { + A + } person { - shall - }
{ + may not + } knowingly print, cause or permit to be printed
any ballot { - or ballot label - } in any other form, with any
other names, with names spelled or names of the candidates
arranged in any other way than that directed by { - such
official - } { + the official under whose direction the ballots
are printed + }.
{ + (3) + } { - No - } { + An + } official having the
duty of distributing ballots { + , and + } { - or ballot
labels, nor - } any persons acting for that official,
{ - shall - } { + may not + } knowingly distribute or cause
to be distributed any ballots { - or ballot labels - } in any
other manner than as provided under the election { - law - }
{ + laws + }.
SECTION 55. 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
signatures to any petition { + , within any building in which
ballots are issued, or within 100 feet measured radially from any
entrance to the building + }. { - No - } { + A + } person
{ - shall - } { + may not + } do any electioneering by public
address system located more than 100 feet from an entrance to the
building but 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 in line as described in ORS 254.470 (10) have
finished the act of 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
place designated for the deposit of ballots under ORS 254.470 or
any voting booth maintained under ORS 254.474 is located.
(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 an election
board member, shall deliver a ballot to an elector. - }
{ - (6) No elector at a polling place shall knowingly receive
a ballot from any other person than an election board member. - }
{ - (7) - } { + (5) + } { - No person shall - } { + A
person may not + } make a false statement about the person's
inability to mark a ballot.
{ - (8) - } { + (6) + } { - No - } { + A + } person,
except an elections official in performance of duties or other
person providing assistance to an elector as described in ORS
254.445, { - shall - } { + may not + } ask a person at
{ - the polling place - } { + 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.
{ - (9) - } { + (7) + } { - 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) - } { + (8) + } { - 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) - } { + (9) + } { - 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 elector at a polling place shall deliver a ballot
to an election board member except the ballot the elector
received from an election board member. Nothing in this
subsection shall prohibit a person from delivering any absentee
ballot or ballots to an election board member. - }
{ - (13) No person at a polling place, except an election
board member, shall receive from an elector other than an absent
elector a marked or punched ballot. - }
{ - (14) - } { + (10) + } { - No elector shall 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 - } { + at any location described in + } ORS { + 254.472
or + } 254.474 { - , - } anything that will show how the
elector's ballot was marked { - or punched - } .
{ - (15) - } { + (11) + } { - 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 - } { + location described in + } ORS { + 254.472 or + }
254.474.
{ - (16) - } { + (12) + } { - 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) - } { + (13) + } { - 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) - } { + (14) + } { - No person other than - }
{ + A person, except + } an elections official { - shall - }
{ + in performance of duties, may not + } attempt to collect
voted ballots within 100 feet measured radially from a location
designated for deposit of ballots under ORS 254.470.
{ - (19) - } { + (15) + } { - 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
the person prominently displays at the location a sign stating:
'NOT AN OFFICIAL BALLOT DROP SITE. '
SECTION 56. ORS 260.705 is amended to read:
260.705. { - No - } { + A + } person { - shall - }
{ + may not + } make public the results of the tally of votes
from any precinct until after { - the time for the close of all
the polls in the state - } { + 8 p.m. on the date of the
election + }.
SECTION 57. ORS 260.715 is amended to read:
260.715. (1) A person may not knowingly make a false statement,
oath or affidavit when a statement, oath or affidavit is required
under the election laws.
(2) A person may not request a ballot in a name other than the
person's own name.
(3) A person may not vote or attempt to vote more than once at
any election held on the same date.
(4) A person, except an elections official in performance of
duties, may not willfully alter or destroy a ballot cast at an
election or the returns of an election.
(5) A person may not willfully place a fraudulent ballot among
the genuine ballots.
(6) A person may not falsely write anything purporting to be
written by an { - election board member - } { + elections
official in performance of duties + } on the ballot { - or
ballot stub - } .
(7) A person may not commit theft of a ballot or tally or
return sheet, or willfully hinder or delay the delivery of the
tally or return sheet to the county clerk, or fraudulently break
open a sealed tally or return sheet of the election.
(8) A person may not manufacture or knowingly use a fraudulent
ballot return identification envelope or secrecy envelope or
sell, offer to sell, purchase or offer to purchase, for money or
other valuable consideration, any official ballot, replacement
ballot, ballot return identification envelope or secrecy
envelope. As used in this subsection, 'ballot return
identification envelope' and 'secrecy envelope' mean those
envelopes used to return ballots to the county clerk { - by
absent electors or in elections conducted by mail - } .
SECTION 58. ORS 195.210 is amended to read:
195.210. (1) The statement summarizing the measure and its
major effect in the ballot title of a proposal for adoption of an
annexation plan shall contain a general description of the
boundaries of each territory proposed to be annexed. The
description shall use streets and other generally recognized
features. Notwithstanding ORS 250.035, the statement summarizing
the measure and its major effect { - shall - } { + may + }
not exceed 150 words.
(2) The notice of an annexation plan election shall be given as
provided in ORS 254.095 { - and 254.205 - } , except that in
addition the notice shall contain a map indicating the boundaries
of each territory proposed to be annexed.
SECTION 59. ORS 202.180 is amended to read:
202.180. (1) The county court of a new county shall { + :
(a) + } Cause all the registration cards of electors living in
the new county to be segregated from the { - electors' - }
registration cards on file in the counties from which the new
county is created { - , and - } { + ; + }
{ + (b) Cause the registration + } to be delivered to the
county clerk of the new county { - who shall arrange and
install the same in the manner provided by law for keeping such
registration. Thereafter such registration cards and records
shall constitute registration of the electors whose names appear
thereon in the new county. - } { + ; and + }
{ - (2) - } { + (c) + } { - In like manner the county
court shall - } Provide for the transfer { + to the county
clerk of the new county a list of electors + } { - of all poll
books, electors lists - } and other election records, relating
only to precincts and electors within the new county.
{ + (2) The county clerk of the new county shall arrange and
install the registration cards received under subsection (1) of
this section in the manner provided by law. The registration
cards and records constitute registration of the electors whose
names appear thereon in the new county. + }
{ + (3) + } { - Such electors lists, poll books - }
{ + The list of electors + } and other { - electors - }
registration and election records { - shall thereupon be - }
{ + are + } records of the new county.
SECTION 60. ORS 222.130 is amended to read:
222.130. (1) The statement summarizing the measure and its
major effect in the ballot title for a proposal for annexation
shall contain a general description of the boundaries of each
territory proposed to be annexed. The description shall use
streets and other generally recognized features. Notwithstanding
ORS 250.035, the statement summarizing the measure and its major
effect { - shall - } { + may + } not exceed 150 words.
(2) The notice of an annexation election shall be given as
provided in ORS 254.095 { - and 254.205 - } , except that in
addition the notice shall contain a map indicating the boundaries
of each territory proposed to be annexed.
(3) Whenever simultaneous elections are held in a city and the
territory to be annexed, the same notice and publication shall
fulfill the requirements of publication for the city election and
the election held in the territory.
SECTION 61. ORS 261.060 is amended to read:
261.060. Except as otherwise specifically provided in this
chapter, every district election shall be conducted in accordance
with ORS 255.005 to 255.035, 255.055, 255.075 { - to
255.095 - } , { + 255.085, + } 255.215 to 255.288 and 255.295
to 255.345.
SECTION 62. ORS 370.031 is amended to read:
370.031. (1) This section establishes the procedure for
determining whether a county shall issue bonds under ORS 370.010.
The question shall be decided by election. The county court:
(a) May order the election on its own resolution; or
(b) Shall order the election when a petition is filed as
provided in this section.
(2) The requirements for preparing, circulating and filing a
petition under this section shall be as provided for an
initiative petition in ORS 250.165 to 250.235.
(3) Notwithstanding subsection (2) of this section, if ORS
250.155 makes ORS 250.165 to 250.235 inapplicable to a county,
the requirements for preparing, circulating and filing a petition
under this section shall be as provided for an initiative
petition under the county charter or an ordinance adopted under
the county charter.
(4) The order of the county court calling the election:
(a) Shall specify the amount of the bonds proposed to be
issued, the length of time they shall run and the maximum rate of
interest they shall bear; and
(b) May specify each road within the county to be built or
improved by the money raised, the minimum amount to be expended
on each road and the location of each road within the county,
giving its beginning and terminus.
(5) Not later than the fourth day nor before the 15th day
before an election under this section, the county court shall
publish a notice of the election in { - the - } { + a + }
newspaper or newspapers designated { - under ORS 254.205 - }
{ + by the county court + }. The notice shall state the date of
the election, a ballot title and the information included in the
order under subsection (4) of this section. The notice shall be
published in at least one issue of the newspaper or newspapers.
{ - A notice under this section is in addition to the facsimile
published under ORS 254.205. - }
(6) Only one election under this section may be held in a
12-month period.
SECTION 63. ORS 476.330 is amended to read:
476.330. (1) The county court or board of county commissioners
of any county may prevent and control fire occurring within the
limits of zone 2 in such county, and may for such purposes
establish and maintain fire fighting and fire control facilities
and contract with existing fire control agencies, either
individuals, associations, corporations, cities or rural fire
protection districts. The State Fire Marshal, upon the request of
any county court or board of county commissioners, shall meet
with and advise such county court or board of county
commissioners as to the establishment and maintenance of fire
fighting and fire protection equipment and facilities.
(2) If the court or board establishes fire fighting and fire
protection equipment and facilities, it shall not discontinue
such equipment and facilities until at least three years after
notice of its intention to do so has been first published in a
newspaper considered by the board to be of general circulation in
the county. The notice shall be published by four insertions in
the newspaper and 12 months shall elapse between each insertion.
(3) While the county court or board of county commissioners of
any county is maintaining fire fighting and fire protection
equipment and facilities, the court or board annually shall levy
a tax upon the taxable property lying within zone 2 in the
county, not to exceed one-fourth of one percent (0.0025) of the
real market value of all taxable property within the zone,
computed in accordance with ORS 308.207, for the purpose of
furnishing such fire protection.
(4) The court or board of county commissioners { + , + } upon
approval of the majority of the electors of zone 2 voting at a
special election called for such a purpose { - , after notice as
provided by ORS 255.095 - } , may levy a special tax of not to
exceed one-fourth of one percent (0.0025) of the real market
value of all taxable property within the zone, computed in
accordance with ORS 308.207. This special levy may be in
addition to the regular levy under subsection (3) of this
section.
(5) To carry into effect any of the powers granted under this
section, the court or board, when authorized by a majority of the
votes cast by the electors of the zone voting at an election
called for that purpose by the court or board { - after notice,
as provided by ORS 255.095 - } , may borrow money and sell and
dispose of general obligation bonds, which bonds shall never in
the aggregate exceed one and one-fourth of one percent (0.0125)
of the real market value of all taxable property within the zone,
computed in accordance with ORS 308.207.
(6) The tax limitations provided in subsections (3) and (4) of
this section { - shall - } { + do + } not apply to taxes
levied to pay principal or interest on outstanding bonds.
SECTION 64. ORS 545.139 is amended to read:
545.139. { + (1) + } The judges who constitute the board of
election for a precinct shall elect a presiding officer for the
board who may administer all oaths required in the progress of an
election. If during the progress of an election any judge fails
to act, the presiding officer may appoint additional judges. Any
member of the board of election may administer and certify oaths
required to be administered during the progress of election.
Before opening the polls each member of the board must take and
subscribe an oath faithfully to perform the duties imposed by
law. Any elector of the precinct may administer and certify such
oath.
{ + (2) + } The polls shall be open on the day of the
election
{ - during the hours fixed by ORS 254.325 - } { + from 7 a.m.
to 8 p.m + }.
{ + (3) + } The provisions of the general election laws of
this state concerning the form of ballot { - shall - }
{ + do + } not apply to the elections held under the Irrigation
District Law.
SECTION 65. ORS 545.141 is amended to read:
545.141. (1) Voting may commence as soon as the polls are open
and may continue during all the time the polls remain open.
Voting shall be conducted as nearly as practicable in accordance
with the general election laws. An absent elector may obtain an
absentee ballot and vote, as nearly as practicable, in the manner
provided for absentee electors in ORS chapter 253.
(2) A person who offers to vote and claims to be an elector,
but fails to provide either evidence of ownership, acreage or
other voting authorization, shall be allowed to vote after
submitting a sworn statement in accordance with the provisions of
ORS 254.407 and 254.409. However, any person voting pursuant to
this section shall, in addition to the information required by
ORS 254.407, include information in the elector's statement
concerning the location of the claimed land and the precise
acreage for which the elector is claiming ownership or voting
authorization. Upon receipt of the elector's sworn statement, the
secretary of the district shall attempt to verify the elector's
voting qualifications under the Irrigation District Law.
(3) Any election board member or elector present at the time of
voting shall challenge a person offering to vote in any election
whom the board member or elector knows or believes to be
unqualified as an elector. Any challenge shall be made in
accordance with ORS { - 254.419 - } { + 254.415 + }. The
elector's statement { + of challenge + } required by ORS
{ - 254.419 - } { + 254.415 + } shall include the location of
the claimed land and the precise acreage for which the elector is
claiming ownership or voting authorization. Upon receipt of the
elector's sworn statement, the secretary of the district shall
attempt to verify the elector's voting qualifications according
to the provisions of the Irrigation District Law.
(4) As soon as the polls are closed the judges shall open the
ballot box and shall commence counting the votes. The ballot box
{ - shall - } { + may + } not be removed from the room in
which the election is held until all ballots have been counted.
The counting of the ballots shall be public. The presiding
officer of the board of election or one of the judges shall take
ballots from the ballot box one at a time, open them and read
aloud the name of each person named on the ballot and the office
for which the person is voted. If the intent of the voter is
clear, the vote shall be counted and not rejected for lack of
form. The judges shall keep an accurate account of the votes by
tallies in duplicate and the counting shall continue without
adjournment until all votes have been counted.
SECTION 66. ORS 545.163 is amended to read:
545.163. (1) An irrigation district may conduct a district
election by mail. The board of directors of the district shall
designate by resolution, not later than the 50th day before any
election, that an election will be conducted by mail.
(2) At an election by mail held for the purpose of electing a
person to the board of directors, the qualifications for a
director { - shall be - } { + are + } those set forth in ORS
545.043.
(3) An election by mail shall be conducted within the district
or divisions within a district according to, as nearly as is
practicable, the general provisions of ORS 545.137, 545.139,
545.141, 545.145, 545.149 and 545.153. However, the judges of
election appointed under ORS 545.137 (2) { - shall - }
{ + are + } not { - be - } required to be in attendance until
after { - the poll closing time designated in ORS 254.325 - }
{ + 8 p.m. on the day of the election + }.
(4) The secretary of the board of directors for the district
shall mail an official ballot with a return identification
envelope and a secrecy envelope to an elector, not sooner than
the 20th day before the date of the election to be conducted by
mail and not later than the 14th day before the election. The
secretary shall cause to be placed in or on each return
identification envelope a statement to be completed by the
elector that says that the elector, under penalty of perjury,
swears and affirms that the elector is the sole elector
authorized to cast the ballot. In addition, the secretary shall
verify that, according to the records of the district as of the
21st day before the election, the elector is entitled to vote.
(5) When a ballot is mailed to a corporate landowner, a person
authorized to act in a representative capacity or landowners
under multiple ownership, the secretary shall enclose voting
instructions advising the elector that the voting rights of
electors for corporate, representative or multiple ownerships are
as described in ORS 545.002.
(6) The secretary of the board of directors { - shall - }
{ + may + } not mail voting materials to an elector who actually
acquires ownership of land within the district after the 21st day
before the date of an election. When an elector has acquired
ownership of land within the district after the 21st day before
the date of an election, the secretary shall make voting
materials available, and the elector { - shall - }
{ + may + } vote, only at the district office or at another
place designated by the board.
(7) When the elector is an elector described in subsection (6)
of this section, the secretary of the board of directors shall,
before making voting materials available, require that the
elector file with the district a copy of a recorded deed or a
memorandum of contract demonstrating the acquisition of land by
the elector within the district. The secretary shall then allow
the elector to mark the ballot, sign the return identification
envelope and return the ballot in the return identification
envelope to the secretary.
(8) An elector may obtain a replacement ballot if the original
ballot is destroyed, spoiled, lost or not received by the
elector. The secretary shall keep a record of each replacement
ballot provided to an elector. An elector may obtain a
replacement ballot and may vote at the district office or another
place within the district designated by the board of directors on
the actual date of the election, during the hours designated in
ORS { - 254.325 - } { + 545.139 + }.
(9) Until the time for the close of the polls, an elector may
obtain a replacement ballot from the secretary of the board of
directors, at a place designated by the board, if the original
ballot is destroyed, spoiled, lost or not received by the
elector.
(10) When an elector receives vote by mail materials, the
elector shall comply with all written instructions provided, mark
the ballot, sign both the return identification envelope and the
sworn statement of entitlement to vote and return the marked
ballot to the district by placing the ballot in the return
identification envelope and either depositing the envelope in the
United States mail or delivering the sealed envelope to the
district office or another place designated by the district. If
the elector returns the ballot by mail, the elector shall provide
the postage.
(11) A completed ballot must be received by the district, at
the proper place designated by the district, no later than
{ - the poll closing time designated in ORS 254.325 - } { + 8
p.m. on the day of the election + }.
(12) A ballot shall be counted only if:
(a) The ballot was returned in the sealed return identification
envelope provided by the district;
(b) The elector signed the return identification envelope; and
(c) The secretary of the board of directors has verified the
name of the elector and the elector's ownership of land within
the district.
(13) Using the records of the district, the secretary shall
verify the name and land ownership of each elector. If the
secretary determines that an elector to whom a replacement ballot
has been issued has voted more than once, the secretary
{ - shall - } { + may + } not count any ballot cast by that
elector.
SECTION 67. { + ORS 246.015, 246.310, 246.320, 246.330,
246.335, 246.420, 247.304, 247.550, 253.007, 253.082, 253.085,
253.090, 253.095, 253.100, 253.120, 254.007, 254.205, 254.215,
254.226, 254.245, 254.265, 254.275, 254.295, 254.315, 254.325,
254.335, 254.345, 254.355, 254.375, 254.385, 254.390, 254.395,
254.405, 254.413, 254.419, 254.435, 254.455, 254.462, 255.095,
255.275 and 255.285 are repealed. + }
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. + }
SECTION 68. { + (1) Any proceeding, action, prosecution or
other business or matter undertaken or commenced before the
effective date of this 2007 Act by the Secretary of State or
Attorney General under any provision of ORS chapters 246 to 260
and still pending on the effective date of this 2007 Act may be
conducted and completed by the secretary or Attorney General in
the same manner, under the same terms and conditions and with the
same effect as though undertaken, conducted or completed before
the effective date of this 2007 Act.
(2) Nothing in the amendments to ORS 195.210, 202.180, 222.130,
246.025, 246.160, 246.200, 246.250, 247.290, 247.307, 249.078,
249.091, 250.037, 250.038, 251.175, 251.315, 253.005, 253.045,
253.055, 253.135, 253.700, 254.005, 254.035, 254.071, 254.076,
254.115, 254.125, 254.135, 254.145, 254.155, 254.165, 254.175,
254.185, 254.195, 254.235, 254.321, 254.365, 254.408, 254.411,
254.415, 254.445, 254.458, 254.465, 254.470, 254.474, 254.480,
254.483, 254.485, 254.495, 254.505, 254.525, 254.535, 254.655,
255.055, 255.215, 255.288, 260.665, 260.675, 260.695, 260.705,
260.715, 261.060, 370.031, 476.330, 545.139, 545.141 and 545.163
by sections 1 to 66 of this 2007 Act or the repeal of ORS
246.015, 246.310, 246.320, 246.330, 246.335, 246.420, 247.304,
247.550, 253.007, 253.082, 253.085, 253.090, 253.095, 253.100,
253.120, 254.007, 254.205, 254.215, 254.226, 254.245, 254.265,
254.275, 254.295, 254.315, 254.325, 254.335, 254.345, 254.355,
254.375, 254.385, 254.390, 254.395, 254.405, 254.413, 254.419,
254.435, 254.455, 254.462, 255.095, 255.275 and 255.285 by
section 67 of this 2007 Act relieves any person of any obligation
with respect to any tax, fee, fine, civil penalty or other
charge, interest, penalty, forfeiture or other liability, duty or
obligation. + }
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