75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1284
A-Engrossed
House Bill 2386
Ordered by the House March 17
Including House Amendments dated March 17
Sponsored by Representatives CANNON, J SMITH; Representatives
DEMBROW, ESQUIVEL (Presession filed.)
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.
Directs Secretary of State to adopt electronic voter
registration system. Allows qualified person to complete
registration card electronically. { + Requires Department of
Transportation to provide Secretary of State with digital copy of
driver license or state identification card signature of each
person who registers electronically. + }
Becomes operative on January 1, { - 2011 - } { + 2010 + }.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to voter registration; creating new provisions; amending
ORS 247.012; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 247. + }
SECTION 2. { + (1) The Secretary of State by rule shall adopt
an electronic voter registration system to be used by qualified
persons who have a valid Oregon driver license, as defined in ORS
801.245, or a state identification card issued under ORS 807.400.
(2) The electronic voter registration system shall allow a
qualified person to complete and deliver a registration card
electronically. A registration card delivered under this section
is considered delivered to the Secretary of State for purposes of
this chapter.
(3) A person who completes a registration card electronically
under this section consents to the use of the person's driver
license or state identification card signature for voter
registration purposes.
(4) The Department of Transportation shall provide to the
Secretary of State a digital copy of the driver license or state
identification card signature of each person who completes a
registration card under this section. + }
SECTION 3. 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 { - . - } { + ; or
(d) Completing a registration card using the electronic voter
registration system described in section 2 of this 2009 Act. + }
(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 4. { + Section 2 of this 2009 Act and the amendments
to ORS 247.012 by section 3 of this 2009 Act become operative on
January 1, 2010. + }
SECTION 5. { + The Secretary of State and the Department of
Transportation may take any action before January 1, 2010, that
is necessary to enable the secretary and department to exercise,
on and after January 1, 2010, all the duties, functions and
powers conferred on the secretary and department by section 2 of
this 2009 Act and the amendments to ORS 247.012 by section 3 of
this 2009 Act. + }
SECTION 6. { + 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. + }
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