75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2511
 
LC 1603/HB 2511-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2511
 
                      By COMMITTEE ON RULES
 
                             May 19
 
  In line 2 of the printed bill, after the semicolon insert '
creating new provisions; amending ORS 246.021;'.
  Delete lines 5 through 18 and insert:
  '  { +  SECTION 2. + }  { + (1) A long term absent elector
described in ORS 253.510 (1) or (2) may cast a ballot using a
facsimile machine as provided in this section. Notwithstanding
ORS 254.470 (8), a ballot cast under this section shall be
counted only if the ballot:
  ' (a) Is received in the office of the county clerk not later
than 8 p.m. on the day of the election;
  ' (b) Is accompanied by a return identification envelope
containing the signature of the elector and a signed waiver
described in subsection (2) of this section; and
  ' (c) The signature is verified as provided in subsection (3)
of this section.
  ' (2) Each elector who casts a ballot under this section shall
complete and submit using a facsimile machine a waiver described
in this subsection. The elector shall attest to the information
supplied on the waiver by signing the completed waiver. The
Secretary of State by rule shall design the form of the waiver,
which shall include all of the following:
  ' (a) Space for the elector to provide the elector's full name,
residence or mailing address, a phone or facsimile number where
the elector may be contacted and any other necessary information.
  ' (b) A waiver in substantially the following form: + }
]
 ________________________________________________________________
 
   { +  I, _____________, acknowledge that by casting my voted
ballot using a facsimile machine I have waived my right to a
secret ballot. + }
]
 ________________________________________________________________
 
   { +  ' (c) A statement to notify the elector that the
elector's ballot will not be counted unless the elector has
complied with the provisions of this section.
  ' (d) Space for the elector to provide the elector's signature
to attest to the information supplied.
  ' (3) The county clerk shall verify the signature of each
elector on the return identification envelope transmitted by
facsimile machine under this section with the signature on the
elector's registration card, according to the procedure provided
by rules adopted by the Secretary of State.
  ' (4) The Secretary of State shall adopt rules to administer
this section and to ensure the secrecy of ballots cast using a
facsimile machine to the greatest extent possible. + }
  '  { +  SECTION 3. + } ORS 246.021, as amended by section 2,
chapter 41, Oregon Laws 2008, is amended to read:
  ' 246.021. (1) Except as provided in ORS 247.012 and subsection
(2) of this section, an election document and an accompanying
payment of fees required to be filed with the Secretary of State,
county clerk or other filing officer must be delivered to and
actually received at the office of the designated officer not
later than 5 p.m. of the day the document or fee is due or, if
the day due is a Saturday, Sunday or holiday, on the next
business day.
  ' (2) If, at 5 p.m. of the day an election document is due, an
individual is physically present in the office of the secretary,
county clerk or other filing officer and in line waiting to
deliver the document, the individual is considered to have begun
the act of delivering the document and is permitted to file it.
  ' (3)  { + Except as provided in section 2 of this 2009
Act, + } any election document required to be filed with the
filing officer other than ballots, voter registration cards or
petitions requiring signatures of electors may also be filed by
means of an electronic facsimile transmission machine. If an
election document is required to be filed by a specified time,
the entire document must be received in the office of the filing
officer not later than 5 p.m. of the day the document is due or,
if the day due is a Saturday, Sunday or holiday, on the next
business day.
  ' (4) Notwithstanding any provision of subsections (1) to (3)
of this section, if a statement is required to be filed
electronically under ORS 260.057:
  ' (a) The statement must be received electronically at the
office of the Secretary of State not later than 11:59 p.m. of the
day the statement is due or, if the day due is a Saturday, Sunday
or holiday, on the next business day; and
  ' (b) The Secretary of State may not accept the filing of the
statement in any form other than an electronic format.
  ' (5) As used in this section, 'election document' includes,
but is not limited to, a declaration of candidacy for nomination
for public or political party office, completed nominating
petitions, statements and portraits for voters' pamphlets,
statements of election campaign contributions and expenditures,
and initiative, referendum or recall petitions.
  '  { +  SECTION 4. + }  { + The Secretary of State or the
county clerk may take any action before January 1, 2010, that is
necessary to enable the secretary or clerk to exercise, on and
after January 1, 2010, all the duties, functions and powers
conferred on the secretary or the clerk by section 2 of this 2009
Act and the amendments to ORS 246.021 by section 3 of this 2009
Act. + }
  '  { +  SECTION 5. + }  { + Section 2 of this 2009 Act and the
amendments to ORS 246.021 by section 3 of this 2009 Act become
operative on January 1, 2010. + }
  '  { +  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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