Chapter 53 Oregon Laws 2008 Special Session
AN ACT
SB 1098
Relating to voter registration; creating new provisions; amending ORS
247.012, 247.025, 247.292, 247.307, 254.470 and 254.480; and declaring an
emergency.
Be It Enacted by the People of
the State of
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) 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 and is addressed to an office of any
county clerk, the Office of the Secretary of State, an office of the Department
of Transportation or any designated voter registration agency as described in
ORS 247.208; 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 247.025 is amended to read:
247.025. To vote in an
election:
(1) A person’s
registration card must be received at an office or location described in ORS
247.012 not later than the time the office or location closes for business on
the 21st day immediately preceding the election, but in no case later than
midnight of the 21st day immediately preceding the election; or
(2) A person’s
registration card must be postmarked not later than the 21st day immediately
preceding the election and be addressed to an office of any county clerk,
the Office of the Secretary of State, an office of the Department of
Transportation or any designated voter registration agency as described in ORS
247.208.
SECTION 3.
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)] (a) The elector 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)] (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; or
(c) The Secretary of
State as provided in section 8 of this 2008 Act.
[(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 is not
disqualified from voting due to any error relating to an update of registration
made under this section.
SECTION 4.
ORS 247.307 is amended to read:
247.307. (1) Except
as provided in subsection (2) of this section, 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) If the county
clerk receives a registration card updating an elector’s residence or mailing
address after the deadline in ORS 247.025, the county clerk shall issue a replacement
ballot to the elector if the elector’s registration was active prior to
updating.
(3)(a)
Notwithstanding ORS 254.480, if the county clerk is required to issue a
replacement ballot under subsection (2) of this section, the county clerk
shall:
(A) Verify the
registration of the elector and ensure that another ballot has not been
returned by the elector;
(B) Mark the return
identification envelope clearly so that it may be readily identified as a
replacement ballot; and
(C) Issue the
replacement ballot by mail or other means.
(b) A replacement ballot
issued under this section must be received at the office of the county clerk, a
place of deposit designated by the county clerk or any location described in
ORS 254.472 or 254.474 not later than the end of the period determined under
ORS 254.470 (1) on the date of the election. Upon receiving a voted replacement
ballot issued under this section, the county clerk shall process the ballot.
[(2)] (4) 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 5.
ORS 254.470 is amended to read:
254.470. (1) The
Secretary of State by rule shall establish requirements and criteria for the
designation of places of deposit for the ballots cast in 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.
(2)(a) Except as
provided in paragraphs (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 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) 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 and not later than the 18th day before the date of the election.
(c) 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.
(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 (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 elector who is not eligible to vote for party
candidates a ballot limited to those offices and measures for which the elector
is eligible to vote.
(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.
(5) The ballot 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.
______________________________________________________________________________
(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
(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 247.307 and 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 (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.
(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 (9) of this section.
(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.
(10) At 8 p.m. on
election day, electors who are at the county clerk’s office, a place of deposit
designated under subsection (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 6.
ORS 254.480 is amended to read:
254.480. (1) An elector
may obtain a replacement ballot described in ORS 254.470. Except as provided
in ORS 247.307, 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 (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 7. Section
8 of this 2008 Act is added to and made a part of ORS chapter 247.
SECTION 8. (1)
The Secretary of State shall subscribe to a change of address service that is
approved or endorsed by the
(2) If the secretary
determines that the address of an elector is different from the address for the
elector as contained in the records of the county clerk, the secretary shall
provide the information obtained under this section to the county clerk of each
affected county. Based on information received under this section, each county
clerk shall update the registration of electors in the county.
SECTION 9. The
amendments to ORS 247.307, 254.470 and 254.480 by sections 4, 5 and 6 of this
2008 Act apply to elector registration updates received by the county clerk on
or after the effective date of this 2008 Act.
SECTION 10. This
2008 Act being necessary for the immediate preservation of the public peace, health
and safety, an emergency is declared to exist, and this 2008 Act takes effect
on its passage.
Approved by the Governor March 11, 2008
Filed in the office of Secretary of State March 11, 2008
Effective date March 11, 2008
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