75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2511
Sponsored by Representatives WHISNANT, BARKER, Senators DEVLIN,
BOQUIST; Representatives CAMERON, ESQUIVEL, GILMAN, KRIEGER,
THATCHER, Senator SCHRADER
CHAPTER ................
AN ACT
Relating to electronic voting system; creating new provisions;
amending ORS 246.021; 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 253. + }
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.
Enrolled House Bill 2511 (HB 2511-A) Page 1
(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. + }
Enrolled House Bill 2511 (HB 2511-A) Page 2
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Passed by House May 22, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 9, 2009
...........................................................
President of Senate
Enrolled House Bill 2511 (HB 2511-A) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2511 (HB 2511-A) Page 4