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 942
Senate Bill 78
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 as
introduced.
Specifies that voter registration of person occurs on date
registration is postmarked if registration card is mailed to
election official and received after 21st day immediately
preceding election.
Deletes requirement that candidate nominating petition contain
residence address of person signing petition.
Deletes requirement that application for absentee ballot be in
writing and signed by applicant. Allows application by electronic
mail.
Prohibits electioneering within 100 feet of places designated
for deposit of ballots. Prohibits person from obstructing
entrance of building in which ballots are issued. Prohibits
person other than elections official from providing elections
advice or collecting voted ballots within 100 feet of places
designated for deposit of ballots.
Requires signs at nonofficial ballot drop sites to be printed
in bold 50-point type.
Deletes provision directing county clerk to update voter
registration based on evidence received from United States Postal
Service indicating change in elector mailing address.
A BILL FOR AN ACT
Relating to elections; creating new provisions; and amending ORS
247.012, 247.292, 247.563, 249.064, 253.030 and 260.695.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 247.012 is amended to read:
247.012. (1) A qualified person may register to vote or update
a registration to vote by:
(a) Delivering by mail or otherwise a completed registration
card to any county clerk, the Secretary of State, any office of
the Department of Transportation or any designated voter
registration agency as described in ORS 247.208;
(b) Personally delivering the card to an official designated by
a county clerk under subsection (7) of this section; or
(c) Completing the voter registration portion of the
application for issuance or renewal of a driver license, issuance
of a state identification card under ORS 807.400 or a change of
address at an office of the Department of Transportation under
ORS 247.017.
(2) If a registration card is mailed or delivered to:
(a) Any person other than a county clerk or the Secretary of
State, the person shall forward the card to a county clerk or the
Secretary of State not later than the fifth day after receiving
the card; or
(b) The Secretary of State or a county clerk for a county other
than the county in which the person applying for registration
resides, the Secretary of State or county clerk shall forward the
card to the county clerk for the county in which the person
resides not later than the fifth day after receiving the card.
(3) Registration of a qualified person occurs:
(a) When a legible, accurate and complete registration card is
received in the office of any county clerk, the Office of the
Secretary of State, an office of the Department of
Transportation, a designated voter registration agency under ORS
247.208 or at a location designated by a county clerk under
subsection (7) of this section;
(b) { + If a registration card is mailed to the office of any
county clerk, the Office of the Secretary of State or a location
designated by a county clerk under subsection (7) of this
section, + } on the date a registration card is postmarked if the
card is received after the 21st day immediately preceding an
election but is postmarked not later than the 21st day
immediately preceding the election; or
(c) In the case of a registration card missing a date of birth,
containing an incomplete date of birth or containing an
unintentional scrivener's error that is supplied or corrected as
described in subsection (4) or (6) of this section, on the date
that registration would have occurred if the registration card
had not been missing the date of birth, contained an incomplete
date of birth or contained the scrivener's error.
(4) If a registration card is legible, accurate and contains,
at a minimum, the registrant's name, residence address, date of
birth and signature, the county clerk shall register the person.
If this information is missing from the registration card or the
date of birth is incomplete, the county clerk shall attempt to
contact the person to obtain the missing or incomplete
information. The county clerk may supply the registrant's date of
birth from any previous registration of the registrant.
(5) If a registration card meets the requirements of subsection
(4) of this section but is missing an indication of political
party affiliation, the registrant shall be considered not
affiliated with any political party. This subsection does not
apply if an elector is updating a registration within the same
county.
(6) If a registration card contains an unintentional
scrivener's error, the county clerk may attempt to contact the
person to correct the error.
(7) A county clerk may appoint officials to accept registration
of persons at designated locations. The appointments and
locations shall be in writing and filed in the office of the
county clerk. The county clerk shall be responsible for the
performance of duties by those appointed.
(8) A registration card received and accepted under this
section shall be considered an active registration.
(9) A registration may be updated at any time.
SECTION 2. ORS 249.064 is amended to read:
249.064. (1) A nominating petition of a candidate seeking the
nomination of a major political party shall contain a statement
that each elector whose signature appears on the petition is a
member of the same major political party as is the candidate.
(2) A nominating petition of any candidate shall contain the
number of signatures of electors required by ORS 249.068 or
249.072 and the { - residence address and - } name or number
of the precinct, if known, of each elector whose signature
appears.
(3) The signatures contained in the nominating petition shall
be certified for genuineness by the county clerks under ORS
249.008.
SECTION 3. ORS 253.030 is amended to read:
253.030. (1) Before an election any elector may apply to the
clerk for the absentee ballot of the election.
(2) An application for an absentee ballot must { - : - }
{ - (a) Be in writing and signed by the applicant; and - }
{ - (b) - } be received by the clerk not later than 8 p.m.
the day of the election.
(3) If an applicant not affiliated with any political party
desires to vote in any major political party primary election,
the applicant may request and shall be sent a ballot for a major
political party if that political party has provided under ORS
254.365 for a primary election that admits electors not
affiliated with any political party.
(4) Application for an absentee ballot may be made { + in
writing, + } by { + electronic mail or by + } using a facsimile
machine. As used in this subsection, 'facsimile machine' means a
machine that electronically transmits or receives facsimiles of
documents through connection with a telephone network.
(5) If an elector desires, the elector's application shall be
valid for every subsequent election until the elector otherwise
notifies the clerk or is no longer an elector of the county.
SECTION 4. ORS 260.695 is amended to read:
260.695. (1) { - No - } { + A + } person { - shall - }
{ + may not + } print or circulate an imitation of the ballot or
sample ballot, or a portion of the ballot or sample ballot, which
contains information which will not appear, or deletes
information which will appear, on the ballot or sample ballot, or
that portion of the ballot or sample ballot, unless the imitation
of the ballot or sample ballot, or portion of the ballot or
sample ballot, contains the following statement in bold type:
'NOT FOR OFFICIAL USE.' This subsection does not prohibit the
printing or circulation of an imitation of a ballot which
illustrates the manner in which a candidate's name may be written
in for an office.
(2) { - No person, within any building in which a polling
place is located or, in an election conducted by mail, after the
date that ballots are mailed as provided in ORS 254.470, within
any building in which ballots are issued, or within 100 feet
measured radially from any entrance to the building, shall - }
{ + A person may not + } do any electioneering, including
circulating any cards or
{ - hand bills - } { + handbills + }, or soliciting
{ + of + } signatures to any petition { + within any building
in which a polling place is located, ballots are issued or a
place designated for the deposit of ballots under ORS 254.470 is
located, or within 100 feet measured radially from any entrance
to the building or from the location of any other place
designated for the deposit of ballots under ORS 254.470 + }.
{ - No person shall - } { + A person may not + } do any
electioneering by public address system located more than 100
feet from an entrance to the building { - but - } { + or from
the location of any other place designated for the deposit of
ballots under ORS 254.470 if the person is + } capable of being
understood within 100 feet of the building { + or location + }.
The electioneering need not relate to the election being
conducted. { + In an election conducted by mail, this subsection
applies during the period beginning on the date that ballots are
mailed to electors as provided in ORS 254.470 and ending on
election day at 8 p.m. or when all persons waiting in line at the
building or location who began the act of voting as described in
ORS 254.470 (11) by 8 p.m. have finished voting. + }
(3) { - No person shall obstruct an entrance of a building in
which a polling place is located. In an election conducted by
mail, from the date that ballots are mailed as provided in ORS
254.470 until the time designated by the county clerk for closure
of the building on election day, no person shall - } { + A
person may not + } obstruct an entrance of a building in which
{ + a polling place is located, ballots are issued or + } a
place designated for the deposit of ballots under ORS 254.470 or
any voting booth maintained under ORS 254.474 is located. { + In
an election conducted by mail, this subsection applies during the
period beginning on the date that ballots are mailed to electors
as provided in ORS 254.470 and ending on election day at 8 p.m.
or when all persons waiting in line at the building or location
who began the act of voting as described in ORS 254.470 (11) by 8
p.m. have finished voting. + }
(4) { - No person shall - } { + A person may not + } vote
or offer to vote in any election knowing the person is not
entitled to vote.
(5) { - No person at a polling place, other than - } { + A
person, except + } an election board member, { - shall - }
{ + may not + } deliver a ballot to an elector { + at a polling
place + }.
(6) { - No - } { + An + } elector at a polling place
{ - shall - } { + may not + } knowingly receive a ballot from
any other person than an election board member.
(7) { - No person shall - } { + A person may not + } make a
false statement about the person's inability to mark a ballot.
(8) { - No - } { + A + } person, except an elections
official in performance of duties or { - other - }
{ + another + } person providing assistance to an elector as
described in ORS 254.445, { - shall - } { + may not + } ask a
person at the polling place for whom that person intends to vote,
or examine or attempt to examine the person's ballot.
(9) { - No person shall - } { + A person may not + } show
the person's own marked or punched ballot to another person to
reveal how it was marked or punched.
(10) { - No - } { + An + } elections official, other than
in the performance of duties, { - shall - } { + may not + }
disclose to any person any information by which it can be
ascertained for whom any elector has voted.
(11) { - No - } { + A + } person, except an elections
official in performance of duties, { - shall - } { + may
not + } do anything to a ballot to permit identification of the
person who voted.
(12) { - No - } { + An + } elector at a polling place
{ - shall - } { + may not + } deliver a ballot to an election
board member except the ballot the elector received from an
election board member. { - Nothing in this subsection shall - }
{ + This subsection does not + } prohibit a person from
delivering any absentee ballot or ballots to an election board
member.
(13) { - No - } { + A + } person at a polling place, except
an election board member, { - shall - } { + may not + }
receive from an elector other than an absent elector a marked or
punched ballot.
(14) { - No elector shall - } { + An elector may not + }
willfully leave in the polling place anything that will show how
the elector's ballot was marked or punched. In an election
conducted by mail, { - no elector shall - } { + an elector
may not + } willfully leave at any place designated for the
deposit of ballots under ORS 254.470 or in any voting booth
maintained under ORS 254.474 { - , - } anything that will show
how the elector's ballot was marked or punched.
(15) { - No - } { + A + } person, except an elections
official in performance of duties, { - shall - } { + may
not + } remove a ballot from any polling place, any place
designated for the deposit of ballots under ORS 254.470 or any
voting booth maintained under ORS 254.474.
(16) { - No - } { + A + } person, except an elections
official in performance of duties or a person authorized by that
official,
{ - shall - } { + may not + } willfully deface, remove, alter
or destroy a posted election notice.
(17) { - No - } { + A + } person, except an elections
official in performance of duties, { - shall - } { + may
not + } willfully remove, alter or destroy election equipment or
supplies, or break the seal or open any sealed package containing
election supplies.
(18) { - No - } { + A + } person { - other than - }
{ + , except + } an elections official
{ - shall - } { + in performance of duties, may not provide
elections advice or + } attempt to collect voted ballots
{ + within any building in which a polling place is located,
ballots are issued or a place designated for the deposit of
ballots under ORS 254.470 is located or + } within 100 feet
measured radially from { + any entrance to the building or from
the location of any other place + } { - a location - }
designated for { + the + } deposit of ballots under ORS
254.470.
(19) { - No - } { + A + } person, except an elections
official in performance of duties, in an election conducted by
mail, { - shall - } { + may not + } establish a location to
collect ballots voted by electors unless { + :
(a) + } The person prominently displays at the location a sign
stating: 'NOT AN OFFICIAL BALLOT DROP SITE { - . - } ' { + ;
and
(b) The sign is printed in all capital letters in bold 50-point
type. + }
SECTION 5. ORS 247.292 is amended to read:
247.292. (1) { + (a) + } A county clerk shall update the
registration of an elector in the county upon receiving written
evidence from { + :
(A) + } The elector { - or from the United States Postal
Service - } indicating a residence or mailing address that is
different from the residence or mailing address for the elector
as contained in the records of the county clerk { + ; or
(B) The United States Postal Service indicating a residence
address that is different from the residence address for the
elector as contained in the records of the county clerk + }.
{ + (b) + } This subsection applies only if the new residence
address is located in the same county as the residence address
for the elector as contained in the records of the county clerk.
(2) When a county clerk updates the registration of an elector
under subsection (1) of this section, the clerk shall send a new
precinct memorandum card by nonforwardable mail to the elector as
provided in ORS 247.181. The clerk shall include a notice stating
that if the residence address or mailing address is not correct,
the elector must notify the clerk.
(3) An elector { - shall not be - } { + is not
+ }disqualified from voting due to any error relating to an
update of registration made under this section.
SECTION 6. ORS 247.563 is amended to read:
247.563. (1) Except as provided in subsection (4) of this
section and ORS 247.555, whenever it appears to the county clerk
that an elector needs to update the elector's registration or
that the elector has changed residence address to another county,
the county clerk shall mail a notice to the elector.
(2) The notice shall be sent by forwardable mail and shall
include a postage prepaid, preaddressed return card on which the
elector may state the elector's current residence and mailing
address. The notice shall advise the elector that:
(a) The elector should return the card promptly;
(b) If the card is not returned by the 21st calendar day
immediately preceding an election, the elector may be required to
complete a new registration card in order to vote in an election;
and
(c) The elector's registration will be canceled if the elector
neither votes nor updates the registration before two general
elections have been held.
(3) When the county clerk mails a notice under this section,
the registration of the elector shall be considered inactive
until the elector updates the registration, the registration is
canceled or the clerk determines that the registration should be
considered active.
(4) This section does not apply when the county clerk receives
written evidence from the elector { - , the United States Postal
Service - } or another county clerk indicating a change of
residence or mailing address { + or from the United States
Postal Service indicating a change of residence address + } and
the registration of the elector is automatically updated by the
county clerk under any provision of this chapter.
SECTION 7. { + (1) The amendments to ORS 247.012 by section 1
of this 2007 Act apply to voter registration cards postmarked on
or after the effective date of this 2007 Act.
(2) The amendments to ORS 249.064 by section 2 of this 2007 Act
apply to nominating petitions filed on or after the effective
date of this 2007 Act.
(3) The amendments to ORS 253.030 by section 3 of this 2007 Act
apply to applications for absentee ballots made on or after the
effective date of this 2007 Act.
(4) The amendments to ORS 260.695 by section 4 of this 2007 Act
apply to activities occurring on or after the effective date of
this 2007 Act.
(5) The amendments to ORS 247.292 by section 5 of this 2007 Act
apply to written evidence received by a county clerk on or after
the effective date of this 2007 Act. + }
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