75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 3451
Sponsored by COMMITTEE ON RULES
CHAPTER ................
AN ACT
Relating to ballots; creating new provisions; and amending ORS
254.074, 254.235, 254.478 and 254.485.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 254.478 is amended to read:
254.478. { + (1) + } { + Subject to ORS 260.705 and + } not
sooner than the seventh day before the date of an election,
{ - in preparation for counting ballots delivered by mail, - }
the county clerk may { + :
(a) + } Begin opening return identification and secrecy
envelopes of ballots delivered by mail and received by the county
clerk { + ; and
(b) In accordance with a security plan approved by the
Secretary of State under ORS 254.074, begin scanning ballots into
a vote tally system + }.
{ + (2) + } The county clerk may take any other actions that
are necessary to { - allow the counting of - } { + count + }
ballots delivered by mail { - to begin on election day - } .
SECTION 2. ORS 254.074 is amended to read:
254.074. (1) Each county clerk shall file a county elections
security plan with the Secretary of State not later than:
(a) January 31 of each calendar year; and
(b) One business day after any revision is made to the county
elections security plan.
(2) A county elections security plan shall include, but is not
limited to:
(a) A written security agreement entered into with any vendor
handling ballots;
(b) Security procedures for transporting ballots;
(c) Security procedures at official places of deposit for
ballots;
(d) Security procedures for processing ballots;
(e) Security procedures governing election observers;
(f) Security procedures for ballots located in county elections
work areas, buildings and storage areas;
(g) Security procedures for vote tally systems, including
computer access to vote tally systems;
{ + (h) Security procedures for scanning ballots into a vote
tally system before the date of the election, if applicable; + }
and
{ - (h) - } { + (i) + } Post-election ballot security.
Enrolled House Bill 3451 (HB 3451-A) Page 1
(3) A security plan developed and filed under this section is
confidential and not subject to disclosure under ORS 192.410 to
192.505.
{ + (4) A county clerk may not scan ballots as described in
ORS 254.478 unless the Secretary of State reviews and approves a
security plan under this section. + }
SECTION 3. ORS 254.485 is amended to read:
254.485. (1) Ballots may be tallied by a vote tally system or
by a counting board. A counting board may tally ballots at the
precinct or in the office of the county clerk. In any event, the
ballots shall be tallied and returned by precinct.
(2) If a vote tally system is used, the county clerk shall
repeat the public certification test described under ORS 254.235
(1). The test shall be conducted { - on the date of the
election and - } { + immediately + } prior to { - beginning
the tally of ballots - } { + scanning any ballots + }. The test
may be observed by persons described in ORS 254.235 (2). The
county clerk shall certify the results of the test.
(3) If { - a vote tally system is used or if - } a counting
board has been appointed, the tally of ballots may begin on the
date of the election.
(4)(a) If ballots are tallied by a counting board, after the
tally has begun it shall continue until completed. Except as
provided in paragraph (b) of this subsection, a counting board
shall tally without adjournment and in the presence of the clerks
and persons authorized to attend.
(b) A counting board may be relieved by another board if the
tally is not completed after 12 hours.
(5) A counting board shall audibly announce the tally as it
proceeds. The board shall use only pen and ink to tally.
(6) For ballots cast using a voting machine, the county clerk
shall:
(a) Enter the ballots cast using the machine into the vote
tally system; and
(b) In the event of a recount, provide the paper record copy
recorded by the machine to the counting board.
(7) A person other than the county clerk, a member of a
counting board or any other elections official designated by the
county clerk may not tally ballots under this chapter.
SECTION 4. ORS 254.235 is amended to read:
254.235. (1) Not later than { - five business - }
{ + seven + } days before an election in which voting machines
or vote tally systems are used, the county clerk shall:
(a) Conduct a preparatory test of the machine and system for
logic and accuracy to ensure that each ballot format, where
appropriate, correctly tallies ballots in each electoral contest
by precinct; and
(b) Conduct a public certification test for the vote tally
system using a selection of precincts, ballot formats and
electoral districts from the preparatory test conducted under
this subsection.
(2) Prior to the public certification test under subsection
(1)(b) of this section, the county clerk shall mail to each
affiliate of a major or minor political party within the county
that has notified the clerk that notice is desired, a notice of
the time and place where the vote tally system will be publicly
tested. One representative of each party is entitled to be
present to ensure that the testing is done properly. In
nonpartisan elections each candidate may designate one
representative who has the same powers as the political party
Enrolled House Bill 3451 (HB 3451-A) Page 2
representatives. The party and candidate representatives shall
certify that they have witnessed the testing. The certificates
shall be filed with the county clerk.
SECTION 5. { + The amendments to ORS 254.074, 254.235, 254.478
and 254.485 by sections 1 to 4 of this 2009 Act apply to
elections held on or after the effective date of this 2009
Act. + }
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Passed by House May 1, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 5, 2009
...........................................................
President of Senate
Enrolled House Bill 3451 (HB 3451-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 3451 (HB 3451-A) Page 4