75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2095
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Secretary of State Bill
Bradbury)
CHAPTER ................
AN ACT
Relating to elections; creating new provisions; amending ORS
247.012, 247.125, 247.302, 247.307, 248.008, 249.056, 249.190,
254.085, 254.175, 254.426, 254.470, 254.476, 254.480, 254.529,
258.006, 258.016, 258.026, 258.036, 258.046, 258.055 and
260.993; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 247.012, as amended by section 1, chapter 53,
Oregon Laws 2008, 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
Enrolled House Bill 2095 (HB 2095-B) Page 1
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) { + Except as provided in ORS 247.125, + } 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 247.125 is amended to read:
247.125. { + (1) + } { - No - } { + A + } person
{ - shall - } { + may not + } alter any information supplied
on a registration card except:
{ - (1) - } { + (a) + } An elections officer in the
performance of official duties.
{ - (2) - } { + (b) + } The person who { - fills out - }
{ + supplies the information on + } the registration card for
the purpose of registering to vote.
{ + (2) A county clerk may not register a person who alters
any information printed on a registration card regarding:
(a) The indication that the person is a citizen of the United
States; or
(b) The signature statement in which the person attests to the
person's qualifications as an elector and the information
supplied on the voter registration card. + }
SECTION 3. ORS 247.302 is amended to read:
247.302. { + (1) + } The effective date of a voter
registration updated under ORS 247.292 { - or - } { + is the
date on which the county clerk receives written evidence of the
change of residence or mailing address.
Enrolled House Bill 2095 (HB 2095-B) Page 2
(2) The effective date of a voter registration updated under
ORS + } 247.296 is the date { - that - } { + on which + } the
county clerk changes the address information on the voter
registration file.
SECTION 4. ORS 248.008 is amended to read:
248.008. (1) An affiliation of electors becomes a minor
political party in the state, a county or other electoral
district, qualified to make nominations for public office in that
electoral district and in any other electoral district wholly
contained within the electoral district, when either of the
following events occurs:
(a) When the affiliation of electors has filed with the
Secretary of State a petition with the signatures of at least a
number of electors equal to one and one-half percent of the total
votes cast in the electoral district for all candidates for
Governor at the most recent election at which a candidate for
Governor was elected to a full term. The petition also
{ - shall - } { + must + } state the intention to form a new
political party and give the designation of it. The
{ - filed - } petition { - shall - } { + must + } contain
only original signatures { - . The petition shall - } { + and
must + } be filed not later than two years following the date the
prospective petition is filed. The circulator shall certify on
each signature sheet that the circulator witnessed the signing of
the signature sheet by each individual whose signature appears on
the signature sheet and that the circulator believes each
individual is an elector registered in the electoral district.
The Secretary of State shall verify whether the petition contains
the required number of signatures of electors. { - The petition
shall not be accepted - } { + The Secretary of State may not
accept a petition + } for filing if it contains less than 100
percent of the required number of signatures. The Secretary of
State by rule shall designate a statistical sampling technique to
verify whether a petition contains the required number of
signatures of electors. A petition
{ - shall - } { + may + } not be rejected for the reason that
it contains less than the required number of signatures unless
two separate sampling processes both establish that the petition
lacks the required number of signatures. The second sampling must
contain a larger number of signatures than the first sampling.
The Secretary of State may employ professional assistance to
determine the sampling technique. The statistical sampling
technique may be the same as that adopted under ORS 250.105.
Before circulating the petition, the chief sponsor of the
petition { - shall - } { + must + } file with the Secretary
of State a signed copy of the prospective petition. The chief
sponsor { - shall - } { + must + } 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 - }
{ + must + } notify the filing officer 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.
Enrolled House Bill 2095 (HB 2095-B) Page 3
(b) When the affiliation of electors has polled for any one of
its candidates for any public office in the electoral district at
least one percent of the total votes cast in the electoral
district for all candidates for:
(A) Presidential elector at the last general election at which
candidates for President and Vice President of the United States
were listed on the ballot; or
(B) Any single state office to be voted upon in the state at
large for which nominations by political parties are permitted by
law at the most recent election at which a candidate for the
office was elected to a full term.
(2) After satisfying either requirement of subsection (1) of
this section, the minor political party may nominate candidates
{ + for election + } at the next general election { - if at
any time during the period beginning on the date of the next
primary election and ending on the 90th day before the next
general election, a number of electors equal to at least
one-tenth of one percent of the total votes cast in the state or
electoral district for all candidates for Governor at the most
recent election at which a candidate for Governor was elected to
a full term are registered as members of the party - } .
(3) A filing officer { - shall - } { + may + } not accept a
certificate of nomination of a candidate nominated by a minor
political party { + for a subsequent general election + } unless
the minor political party has satisfied the { - registration
requirement - } { + requirements + } of subsection
{ - (2) - } { + (4)(a) or (b) + } of this section.
(4) After a minor political party qualifies to nominate
candidates { + for a general election under subsection (1) of
this section + }, in order to maintain status as a minor
political party { + for a subsequent general election + }:
(a) { + (A) Following each general election, at any time during
the period beginning on the date of the next primary election and
ending on the 90th day before the next general election, a number
of electors equal to at least one-tenth of one percent of the
total votes cast in the state or electoral district for all
candidates for Governor at the most recent election at which a
candidate for Governor was elected to a full term must be
registered as members of the party; and
(B) + }A candidate or candidates of the party must poll a
number of votes described in subsection (1)(b) of this section at
each subsequent general election { - and following each general
election, the registration requirement of subsection (2) of this
section must be satisfied - } ; or
(b) Following each general election, at any time during the
period beginning on the date of the next primary election and
ending on the 90th day before the next general election, a number
of electors equal to at least one-half of one percent of the
total number of registered electors in this state must be
registered as members of the party.
{ - (5) An affiliation of electors ceases to be a minor
political party in the state or electoral district if: - }
{ - (a) The registration requirement of subsection (2) or
(4)(b) of this section is not satisfied. The affiliation of
electors ceases to be a minor political party on the date of the
deadline for satisfying the registration requirement; or - }
{ - (b) Except as provided in subsection (4)(b) of this
section, in the case of a minor political party qualified to
nominate candidates, a candidate or candidates of the minor
political party do not satisfy the one percent requirement
Enrolled House Bill 2095 (HB 2095-B) Page 4
specified in subsection (1)(b) of this section at the next
general election. The affiliation of electors ceases to be a
minor political party on the date of the election. - }
{ + (5) An affiliation of electors that fails to maintain its
status as a minor political party, as described in subsection (4)
of this section, ceases to be a minor political party on the 90th
day before the date of the next general election. + }
(6) During the period beginning on the date of the primary
election and ending on the 90th day before the date of the
general election, the Secretary of State shall determine not less
than once each month whether the registration
{ - requirement - } { + requirements + } of subsection
{ - (2) or (4)(b) - } { + (4) + } of this section
{ - has - } { + have + } been satisfied. If the { + minor
political + } party changes its name, only those electors who
register on or after the effective date of the name change as
members of the party under the new party name shall be counted as
members of the party under this subsection.
(7) An affiliation of electors or a minor political party may
not satisfy the one percent requirement referred to in subsection
(1)(b) of this section by nominating a candidate who is the
nominee of another political party at the same election.
{ + (8) For purposes of this section, 'subsequent general
election' means any general election that is held after the first
general election following qualification as a minor political
party under subsection (1) of this section. + }
SECTION 5. ORS 249.056 is amended to read:
249.056. (1) At the time of filing a declaration of candidacy a
candidate for the following offices shall pay to the officer with
whom the declaration is filed the following fee:
(a) United States Senator, $150.
(b) Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, Representative in Congress,
judge of the Supreme Court, Court of Appeals or Oregon Tax Court,
or executive officer or auditor of a metropolitan service
district, $100.
(c) County { - office - } { + officer + }, district
attorney { + , county judge who exercises judicial functions + }
or circuit court judge, $50.
(d) State Senator or Representative or councilor of a
metropolitan service district under ORS chapter 268, $25.
(2) No filing fee shall be required of persons filing a
declaration of candidacy for precinct committeeperson or justice
of the peace.
SECTION 6. ORS 249.190 is amended to read:
249.190. (1) Except as provided in ORS 254.650, a vacancy in
the nomination of a major political party candidate may be filled
before the date of the general election by that political party
in a manner prescribed by party rule.
(2) Immediately after selecting a new nominee, the party, by
the most expeditious means practicable, shall notify the filing
officer with whom a declaration of candidacy for the office is
filed of the name of the nominee.
{ + (3) If the filing officer with whom a declaration of
candidacy for the office is filed determines that the candidate
who has been nominated by a major political party is ineligible
to be elected to the office, the officer shall declare the
nomination vacant and the political party shall select another
Enrolled House Bill 2095 (HB 2095-B) Page 5
candidate to fill the vacancy in the nomination as provided under
this section. + }
{ - (3) - } { + (4) + } The Secretary of State by rule may
adopt a schedule specifying the period following a vacancy within
which a major political party must notify the filing officer of
the name of the new nominee.
SECTION 7. ORS 254.085 is amended to read:
254.085. (1) The Secretary of State, not later than the 61st
day before the date of a primary or general election, shall file
with each county clerk a statement of the { + federal and + }
state { - and congressional district - } offices to be filled
or for which candidates are to be nominated in the county at the
election, information concerning all candidates for the offices,
and the state measures to be voted on.
(2) The information concerning candidates for the Supreme
Court, Court of Appeals, Oregon Tax Court and circuit court shall
include a designation of incumbent for each candidate who is the
regularly elected or appointed judge of the court to which the
candidate seeks election. If a candidate was regularly elected or
appointed to a specific position or department on the court, the
candidate shall be designated as the incumbent only if the person
is a candidate for that position or department.
(3) Included with each state measure shall be the measure
number, the latest ballot title certified by the Attorney General
under ORS 250.067 (2) or, if the Supreme Court has reviewed the
title under ORS 250.085, the title certified by the court and the
financial estimates under ORS 250.125. The Secretary of State
shall keep a copy of the statement.
SECTION 8. 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.
(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.
(3) In the case of a recall election, { + the following shall
be printed on the ballot:
(a) + } The statements described in section 18, Article II of
the Oregon Constitution, and ORS 249.877 { - shall be printed
on the ballot. - } { + ; and
(b) The question 'Do you vote to recall ______ from the office
of ______?', with the name of the person against whom a recall
petition has been filed printed in the first blank space and the
public office held by the person printed in the second blank
space. + }
(4) The complete text of each ballot title and any financial
estimates shall be included with each official ballot.
SECTION 9. ORS 254.426 is amended to read:
254.426. (1) Whenever any person votes a challenged ballot, the
county clerk shall ensure that the ballot offered by the person
includes the number of the written statement of challenge so that
the ballot may be identified in any future contest of the
election.
(2) The county clerk shall examine the challenge and determine
if the person is validly registered to vote and if the vote was
properly cast. The ballot shall be counted only if the county
clerk determines the person is validly registered.
Enrolled House Bill 2095 (HB 2095-B) Page 6
(3) The county clerk shall ensure that the information on the
numbered written statement is treated as confidential so that in
the event of a recount of votes it cannot be determined how any
challenged person voted.
{ + (4) The county clerk shall mail to each person voting
under this section and ORS 254.415 a written statement that
describes the nature of the challenge. If the person does not
provide evidence sufficient to verify the person's registration
by the deadline described in subsection (5) of this section, the
registration of the person shall be considered inactive until the
person updates or verifies the registration, the registration is
canceled or the county clerk determines that the person is
validly registered. + }
{ - (4) - } { + (5) + } The registration of { - any - }
{ + each + } person voting under this section and ORS 254.415
shall be verified not later than the
{ - last business day prior to the last day for the official
certification of election results required by ORS 254.545 (3) and
255.295 (1) - } { + 10th calendar day after the date of the
election + } in order for the vote of the person to be counted.
SECTION 10. ORS 254.476 is amended to read:
254.476. The county clerk may employ personnel as necessary to
open envelopes, prepare ballots for counting and count ballots.
{ - Such - } { + The + } personnel { - shall - } { +
may + } not all be members of the same political party. { + A
candidate on the ballot at an election, other than an incumbent
candidate for county clerk, or + } a person who is the spouse,
child, son-in-law, daughter-in-law, parent, mother-in-law,
father-in-law, sibling, brother-in-law, sister-in-law, aunt,
uncle, niece, nephew, stepparent or stepchild of { - a - }
{ + any + } candidate on the ballot { - at an election
shall - } { + may + } not be employed and may not serve as a
volunteer in the capacity described in this section.
SECTION 11. ORS 254.529 is amended to read:
254.529. (1) At each general election, the county clerk shall
conduct a hand count of ballots as described in this section and
compare the tally of votes for those ballots produced by a vote
tally system with the tally of votes for those ballots produced
by the hand count.
(2)(a) In the event that the unofficial tally of ballots
produced by a vote tally system reveals that the margin of
victory between the two candidates receiving the largest number
of votes in the county is less than one percent of the total
votes cast in that election in the county, the county clerk shall
conduct a hand count of ballots in at least 10 percent of all
precincts or of ballots in at least 10 percent of all batches of
ballots collected by the county clerk.
(b) In the event that the unofficial tally of ballots reveals
that the margin of victory between the two candidates receiving
the largest number of votes in the county is greater than or
equal to one percent but less than two percent of the total votes
cast in the county, the county clerk shall conduct a hand count
of ballots in at least five percent of all precincts or of
ballots in at least five percent of all batches of ballots
collected by the county clerk.
(c) In the event that the unofficial tally of ballots reveals
that the margin of victory between the two candidates receiving
the largest number of votes in the county is greater than or
equal to two percent of the total votes cast in the county, the
county clerk shall conduct a hand count of ballots in at least
Enrolled House Bill 2095 (HB 2095-B) Page 7
three percent of all precincts or of ballots in at least three
percent of all batches of ballots collected by the county clerk.
(3) The Secretary of State shall select the precincts at
random. At the general election, no fewer than 150 ballots must
have been cast in at least one of the precincts selected. The
county clerk shall conduct a hand count of ballots cast in the
election contest between the two candidates receiving the largest
number of votes in the county, an election contest for { - a
state office - } { + an office to be voted on in the state at
large + } and, if possible, an election contest for a state
measure.
(4) Not later than { + 5 p.m. of + } the { + third
business + } day after the date of the general election, the
Secretary of State shall advise county clerks in writing of:
(a) The election contests for which ballots are to be hand
counted; and
(b) The precincts in which ballots are to be hand counted.
(5) A county clerk shall begin the hand counts prescribed by
this section not later than the { - 20th - } { + 21st + } day
after the election and complete the hand counts not later than
the 30th day after the election. The results of the hand counts
shall be provided to the Secretary of State, who shall make the
results publicly available on the Secretary of State's website.
{ - (6) The county clerk shall conduct the hand counts
required by this section in the manner provided in ORS 258.200
and 258.211. - }
{ - (7) - } { + (6) + } A comparison of the tally of votes
produced by a vote tally system with the tally of votes produced
by the hand count required by this section must show that the
tally of votes produced by the vote tally system differs by no
more than one-half of one percent from the tally of votes
produced by the hand count.
{ - (8)(a) - } { + (7)(a) + } If a hand count conducted
under this section results in a tally of votes for a candidate or
measure that is different from the tally of votes produced by the
vote tally system for that candidate or measure, and the
difference for each race is equal to or less than one-half of one
percent, the tally of votes produced by the vote tally system is
the official tally of votes for that vote tally system.
(b) If a hand count conducted under this section results in a
tally of votes for a candidate or measure that is different from
the tally of votes produced by the vote tally system for that
candidate or measure, and the difference in any race is greater
than one-half of one percent, the county clerk shall conduct a
second hand count of the same ballots.
(c) If the second hand count conducted under this subsection
results in a tally of votes for a candidate or measure that is
different from the tally of votes produced by the vote tally
system for that candidate or measure, and the difference for each
race is equal to or less than one-half of one percent, the tally
of votes produced by the vote tally system is the official tally
of votes for that vote tally system.
(d) If the second hand count conducted under this subsection
results in a tally of votes for a candidate or measure that is
different from the tally of votes produced by the vote tally
system for that candidate or measure, and the difference in any
race is greater than one-half of one percent, the county clerk
shall conduct a hand count of all ballots counted by that vote
tally system. The hand count is the official tally of votes for
that vote tally system. If the hand count is the official tally
Enrolled House Bill 2095 (HB 2095-B) Page 8
of votes, not later than the 30th day after the election, the
county clerk shall certify amended abstracts of votes to
appropriate elections officials.
{ - (9) - } { + (8) + } For purposes of conducting the hand
counts required under this section, the county clerk shall:
(a) Retain custody of the ballots; and
(b) Provide for security for the ballots and the information
required to be collected under this subsection.
{ - (10) - } { + (9) + } { - Subsections (1) to (9)
of - } This section { - do - } { + does + } not apply { + :
(a) To precincts that are subject to a recount under ORS
258.161, 258.280 or 258.290.
(b) + } If federal law requires a post-election hand count of
ballots at the general election to verify election results and
the Secretary of State determines that the requirements of
federal law are at least as stringent as the requirements of
subsections (1) to { - (9) - } { + (8) + } of this section.
SECTION 12. ORS 258.006 is amended to read:
258.006. As used in this chapter:
(1) 'Candidate' means a candidate for nomination or election to
any elective office.
(2) 'Contestant' means any person who files a petition of
contest under ORS 258.036.
(3) 'Contestee' means:
(a) In a contest of the nomination of a person for an office or
the election of a person to an office, all candidates for the
nomination or office, other than a candidate who is a contestant.
(b) In a contest of the approval or rejection of a measure
proposed by initiative petition, the chief petitioner of the
petition, unless the chief petitioner is a contestant, and any
other person involved in the cause of the contest.
{ + (c) In a contest of the result of a recall election, the
public officer subject to the recall. + }
{ - (c) - } { + (d) + } If the cause of the contest is ORS
258.016 (6) or (7), the county clerk.
(4) 'County clerk' means the county clerk or the county
official in charge of elections.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(6) 'Full recount' means a recount of all the precincts in
which votes were cast for the nomination or office for which a
candidate received a vote or on any measure that appeared on the
ballot.
(7) '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) 'Partial recount' means a recount conducted in a number of
precincts equal to the greater of:
(a) Five percent of the precincts in which votes were cast for
the nomination or office for which a candidate received a vote or
on any measure that appeared on the ballot; or
(b) Three specified precincts in which votes were cast for the
nomination or office for which a candidate received a vote or on
any measure that appeared on the ballot.
SECTION 13. ORS 258.016 is amended to read:
Enrolled House Bill 2095 (HB 2095-B) Page 9
258.016. The nomination or election of { - any person or the
decision on any - } { + a person, the result of a recall
election or the approval or rejection of a + } measure may be
contested by any elector entitled to vote for the person { + ,
recall + } or measure, by any person who was a candidate at the
election for the same nomination or office, { + by the public
officer subject to the recall, + } by the Secretary of State if
the contest involves a state measure { + , the recall of a state
officer + } or a candidate for whom the Secretary of State is the
filing officer, or by the county clerk who conducted the
election { + , + } only for the following causes:
(1) Deliberate and material violation of any provision of the
election laws in connection with the nomination, election, { +
recall election or + } approval or rejection { + of a
measure + }.
(2) Ineligibility of the person elected to the office to hold
the office at the time of the election.
(3) Illegal votes.
(4) Mistake or fraud in the canvass of votes.
(5) Fraud in the count of votes.
(6) Nondeliberate and material error in the distribution of the
official ballots by a local elections official, as that term is
defined in ORS 246.012, or a county clerk.
(7) A challenge to the determination of the number of electors
who were eligible to participate in an election on a measure
conducted under section 11 (8), Article XI of the Oregon
Constitution.
SECTION 14. ORS 258.026 is amended to read:
258.026. (1) The nomination or election of a person
{ - shall - } { + may + } not be set aside for any cause listed
in ORS 258.016 (3) to (5) unless:
(a) The person nominated or elected had knowledge of or
connived in the cause of the contest; or
(b) The number of votes taken from the person nominated or
elected by reason of the cause of the contest would reduce the
legal votes of the person below the number of legal votes given
to another person for the same nomination or office.
(2) The nomination or election of a person { - shall - }
{ + may + } not be set aside for the cause described in ORS
258.016 (6) unless { - it can be determined that - } the
nomination or election would have been given to one of the
candidates other than the candidate nominated or elected if all
votes not cast or tallied due to the error had been cast or
tallied for the other candidate.
(3) The approval or rejection of a measure { - shall - }
{ + may + } not be set aside unless { - it appears that - } :
(a) The number of votes taken from the approval or rejection by
reason of the { + cause of the + } contest would reverse the
outcome of the election; or
(b) The outcome of the election would have been reversed if all
votes not cast or tallied due to an error under ORS 258.016 (6)
had been cast or tallied { - for approval or rejection of the
measure - } { + in opposition to the contested outcome + }.
{ + (4) The result of a recall election may not be set aside
unless:
(a) The number of votes taken from the result of the recall
election by reason of the cause of the contest would reverse the
result; or
(b) The result of the recall election would have been reversed
if all votes not cast or tallied due to an error under ORS
Enrolled House Bill 2095 (HB 2095-B) Page 10
258.016 (6) had been cast or tallied in opposition to the
contested result. + }
SECTION 15. ORS 258.036 is amended to read:
258.036. (1) Not later than the 40th day after the election or
the seventh day after completion of a recount of votes cast in
connection with the { - nomination, office or measure - } { +
election + }, any person authorized to contest a result of the
election may file a petition of contest. The petition shall be
filed with:
(a) The Circuit Court for Marion County if the petition
involves a state measure, a candidate for election to the office
of elector of President and Vice President of the United States
or a candidate for nomination or election to the office of United
States Senator, United States Representative in Congress,
Governor, Secretary of State, State Treasurer, Attorney General,
Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction or a position of judge on
the Oregon Supreme Court, the Oregon Court of Appeals or the
Oregon Tax Court.
(b) The circuit court for the county where a majority of the
electors in the electoral district reside if the petition
involves a candidate for nomination or election to the office of
state Senator, state Representative, circuit court judge or
district attorney.
(c) The circuit court for the county in which the filing
officer is located if the petition involves a candidate for
nomination or election to county, city or district office or a
county, city or district measure. If a district is located in
more than one county, the petition shall be filed with the
circuit court for the county in which the administrative office
of the district is located.
{ + (d) The circuit court for the county in which the filing
officer authorized to order the recall election is located if the
petition involves the recall of a public officer. + }
(2) The petition shall be verified in the manner required for
verification of complaints in civil cases and shall specify:
(a) The cause of the contest; and
(b) The names of all contestees.
SECTION 16. ORS 258.046 is amended to read:
258.046. (1) The prevailing party in the contest proceeding
shall recover costs, disbursements and reasonable attorney fees
at trial and on appeal against the losing party. However, if the
cause of the contest is a mistake in the canvass of votes and the
contestant prevails, the cost of any recanvass of votes shall be
paid by:
(a) The county for a contest of a state or county nomination,
office { + , recall election + } or measure;
(b) The city for a contest of a city nomination, office { + ,
recall election + } or measure; or
(c) Any other political subdivision or public corporation for a
contest of such a subdivision or corporation nomination,
office { + , recall election + } or measure.
(2) In a contest under ORS 258.016 (7), costs, disbursements
and attorney fees { - shall - } { + may + } not be assessed
against the county clerk unless the court makes a specific
finding of fault against the county clerk.
SECTION 17. ORS 258.055 is amended to read:
258.055. (1) Except as provided in subsection (2) of this
section, when a contestant files a petition of contest with the
circuit court described under ORS 258.036 { - (1) - } , the
Enrolled House Bill 2095 (HB 2095-B) Page 11
contestant shall, within three business days of filing the
petition, publish a notice stating that the petition has been
filed and identifying the date of the deadline described in this
subsection for filing a motion to intervene. The notice
{ - shall - } { + must + } be published at least once in the
next available issue of a newspaper of general circulation
published in the county where the proceeding is pending.
Jurisdiction over the election contest shall be complete within
10 days after the notice is published as provided in this
{ - section - } { + subsection + }. Any person interested may
at any time before the expiration of the 10 days appear and
contest the validity of the proceeding, or of any of the acts or
things enumerated in the proceeding.
(2) Subsection (1) of this section does not apply if the
contest involves { + :
(a) + } A state measure { - , - } { + .
(b) + } The election of a candidate to the office of elector of
President and Vice President of the United States { - or - }
{ + .
(c) + } The nomination or election of a candidate to the office
of United States Senator, United States Representative in
Congress, Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction or a position of judge on
the Oregon Supreme Court, the Oregon Court of Appeals or the
Oregon Tax Court.
{ + (d) The recall of a person from the office of Governor,
Secretary of State, State Treasurer, Attorney General,
Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction or a position of judge on
the Oregon Supreme Court, the Oregon Court of Appeals or the
Oregon Tax Court. + }
(3) Not later than two business days after { + the contestant
files + } a petition of contest { - is filed - } with the
circuit court, the contestant shall serve a copy of the petition
by certified mail on each contestee. If the Secretary of State or
county clerk is not a contestee, not later than one business day
after { + the contestant files + } a petition of contest
{ - is filed - } with the circuit court, the contestant shall
file a copy of the petition with:
(a) The Secretary of State if the petition involves a candidate
for state office { + , the recall of a person from state office
+ }or a state measure; or
(b) The county clerk if the petition involves a candidate for
county, city or district office { + , the recall of a person from
county, city or district office + } or a county, city or district
measure. As used in this paragraph, 'county clerk' includes the
county clerk of the county in which the administrative office of
a city or district is located regarding a measure { + , a
recall + } or a candidate for an office to be voted on in a city
or district located in more than one county.
(4) The circuit court shall fix a time for the hearing by the
circuit court of the contest proceeding, and not later than the
fifth day before the hearing shall give written notice of the
hearing to each party to the proceeding. In fixing the time for
the hearing, the court shall consider the dates set in any notice
published under subsection (1) of this section and the dates of
service on the contestees. The contest proceeding shall take
precedence over all other business on the circuit court docket.
Enrolled House Bill 2095 (HB 2095-B) Page 12
(5) The circuit court shall hear and determine the proceeding
without a jury and shall issue written findings of law and fact.
The practice and procedure otherwise applicable to civil cases
shall govern the proceeding, except that the contestant has the
burden of proof by clear and convincing evidence.
SECTION 18. { + Section 19 of this 2009 Act is added to and
made a part of ORS chapter 258. + }
SECTION 19. { + (1) After the contest hearing, the circuit
court shall render a judgment affirming or setting aside the
results of the recall election. If the court sets aside the
results of the election, a special election on the recall shall
be held not later than 35 days after the date the judgment was
rendered.
(2) The county of the county clerk or the local elections
official who committed the error in the distribution of the
official ballots shall bear the cost of the special election. + }
SECTION 20. ORS 260.993 is amended to read:
260.993. (1) The penalty for violation of ORS 260.532 is
limited to that provided in ORS 260.532 (6) and (8).
(2) Violation of ORS 247.125 { + (1) + }, 247.171 (5), 247.420
(2), 253.710, 260.402, 260.555, 260.558, 260.575, 260.645 or
260.665 (2) or (3) involving any action described in ORS 260.665
(2)(d) to (f) or 260.715 is a Class C felony.
(3) Violation of ORS 260.695 (4) is a Class A misdemeanor.
(4) Violation of ORS 247.171 (6) is a Class C misdemeanor.
SECTION 21. { + Section 22 of this 2009 Act is added to and
made a part of ORS chapter 249. + }
SECTION 22. { + (1) If a vacancy occurs in a state office
before the 61st day before the first general election to be held
during that term of office, the remaining two years of the term
of the state office shall be filled by the electors at that
general election.
(2) The remaining two years of the term of the state office
shall commence on the second Monday in January following the
general election. Any appointment made to fill the vacancy shall
expire when a successor to the office is elected and qualified.
(3) Candidates for the remaining two years of the term of the
state office under this section shall be nominated as provided in
this chapter except as follows:
(a) A major political party or a minor political party, by
party rule, or an assembly of electors or individual electors,
may select a nominee; and
(b) The Secretary of State shall accept certificates of
nomination and notifications of nominees filed with the secretary
pursuant to a schedule for filing set by the secretary, but in
any case not later than the 62nd day before the first general
election.
(4) As used in this section, 'state office' means the office of
Governor, Secretary of State, State Treasurer, Attorney General,
Commissioner of the Bureau of Labor and Industries and
Superintendent of Public Instruction. + }
SECTION 22a. { + Notwithstanding section 22 of this 2009 Act
and ORS 651.030, the term of office of the Commissioner of the
Bureau of Labor and Industries elected at the general election
held on the first Tuesday after the first Monday in November 2012
shall be two years. + }
SECTION 23. ORS 247.307, as amended by section 4, chapter 53,
Oregon Laws 2008, is amended to read:
Enrolled House Bill 2095 (HB 2095-B) Page 13
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 - }
{ + reissue a + } 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 - } { + reissue
a + } 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 - } { +
reissued + } ballot; and
(C) { - Issue the replacement - } { + Reissue the + }
ballot by mail or other means.
(b) A { - replacement - } ballot { - issued - } { +
reissued + } 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 - } { + reissued + }
under this section, the county clerk shall process the ballot.
(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 24. ORS 254.470, as amended by section 5, chapter 53,
Oregon Laws 2008, 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
Enrolled House Bill 2095 (HB 2095-B) Page 14
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 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
Enrolled House Bill 2095 (HB 2095-B) Page 15
determined under subsection (1) of this section on the date of
the election.
(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 25. ORS 254.480, as amended by section 6, chapter 53,
Oregon Laws 2008, 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 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.
Enrolled House Bill 2095 (HB 2095-B) Page 16
(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 26. { + (1) The amendments to ORS 247.012 and 247.125
by sections 1 and 2 of this 2009 Act apply to registration cards
received in the office of the Secretary of State or a county
clerk, an office of the Department of Transportation or another
designated location on or after the effective date of this 2009
Act.
(2) The amendments to ORS 247.302 by section 3 of this 2009 Act
apply to voter registration updates received by a county clerk on
or after the effective date of this 2009 Act.
(3) The amendments to ORS 248.008 by section 4 of this 2009 Act
apply to minor political parties that:
(a) Qualify as a minor political party on or after the
effective date of this 2009 Act.
(b) Cease to be a minor political party on or after the
effective date of this 2009 Act.
(4) The amendments to ORS 249.056 by section 5 of this 2009 Act
apply to declarations of candidacy filed on or after the
effective date of this 2009 Act.
(5) Section 22 of this 2009 Act and the amendments to ORS
249.190 by section 6 of this 2009 Act apply to vacancies that
occur on or after the effective date of this 2009 Act.
(6) The amendments to ORS 254.175 by section 8 of this 2009 Act
apply to ballots printed on or after the effective date of this
2009 Act.
(7) The amendments to ORS 254.085, 254.426, 254.476 and 254.529
by sections 7 and 9 to 11 of this 2009 Act apply to elections
that are held on or after the effective date of this 2009 Act.
(8) The amendments to ORS 247.307, 254.470 and 254.480 by
sections 23, 24 and 25 of this 2009 Act apply to elector
registration updates received by the county clerk on or after the
effective date of this 2009 Act. + }
SECTION 27. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
----------
Enrolled House Bill 2095 (HB 2095-B) Page 17
Passed by House April 16, 2009
Repassed by House May 28, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 22, 2009
...........................................................
President of Senate
Enrolled House Bill 2095 (HB 2095-B) Page 18
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2095 (HB 2095-B) Page 19