Chapter 374 Oregon Laws 2011

AN ACT

HB 2880

Relating to National Voter Registration Act; creating new provisions; amending ORS 247.208; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2011 Act shall be known and may be cited as “The National Voter Registration State Compliance Act.”

SECTION 2. (1) The National Voter Registration State Compliance Council established under this section shall:

(a) Assess new and developing federal guidelines regarding compliance with the National Voter Registration Act of 1993 (P.L. 103-31);

(b) Identify steps necessary to ensure ongoing compliance with the National Voter Registration Act of 1993 (P.L. 103-31);

(c) Identify barriers to and research opportunities for ensuring the accuracy, security and efficiency of current voter registration processes at designated voter registration agencies under ORS 247.208; and

(d) Identify ways to improve use of current technology.

(2)(a) The council shall submit a report, and may include recommendations for legislation, to an interim committee of the Legislative Assembly related to elections, as appropriate, no later than December 1, 2011.

(b) The council may, upon its own determination, submit a report, and may include recommendations for legislation, to an interim committee of the Legislative Assembly related to elections, as appropriate, no later than December 1, 2012.

(3) The National Voter Registration State Compliance Council is established within the executive branch of state government, consisting of the following 10 members:

(a) Five members appointed by the Governor to represent designated voter registration agencies under ORS 247.208;

(b) One member appointed by the Governor to represent the Governor;

(c) Two members appointed by the President of the Oregon Association of County Clerks to represent the association;

(d) The Secretary of State or the designee of the secretary; and

(e) The Director of the Elections Division of the Secretary of State’s office.

(4) Staff support for the council shall be provided by the permanent staff of the office of the Governor or the office of the Secretary of State.

(5) The council may receive information from chief information officers from state agencies.

SECTION 3. ORS 247.208 is amended to read:

247.208. (1) The Secretary of State by rule, in accordance with the requirements of the National Voter Registration Act of 1993 (P.L. 103-31), shall designate agencies as voter registration agencies. Agencies designated may include state, county, city or district offices and federal and nongovernmental offices with the agreement of the federal or nongovernmental offices.

(2) Services required by the National Voter Registration Act of 1993 (P.L. 103-31) shall be made available in connection with any registration card at each voter registration agency designated by the Secretary of State.

(3) A person providing services referred to in subsection (2) of this section at a voter registration agency shall not:

(a) Seek to influence the political preference or party registration of a person registering to vote;

(b) In accordance with provisions of the Oregon Constitution, display such political preference or party allegiance;

(c) Make any statement to a person registering to vote or take any action the purpose or effect of which is to discourage a person from registering to vote;

(d) Make any statement to a person registering to vote or take any action the purpose or effect of which is to lead the person to believe that a decision to register or not to register has any bearing on the availability of services or benefits; or

(e) Seek to induce any person to register or vote in any particular manner.

(4) Each state agency required to be designated a voter registration agency under the National Voter Registration Act of 1993 (P.L. 103-31) shall, with each application for service or assistance and with each recertification, renewal or change of address form relating to the service or assistance:

(a) Distribute a registration card, including all statements required under the National Voter Registration Act of 1993 (P.L. 103-31); and

(b) Provide a form including other information required by the National Voter Registration Act of 1993 (P.L. 103-31).

(5) Information relating to a declination to register to vote in connection with an application made at an office described in subsection (4) of this section shall not be used for any purpose other than voter registration.

(6) A completed registration card accepted at a voter registration agency designated under this section shall be delivered to a county clerk or the Secretary of State.

(7) At least once each biennium, the Secretary of State shall:

(a) Assess new and developing federal guidelines regarding compliance with the National Voter Registration Act of 1993 (P.L. 103-31);

(b) Identify steps necessary to ensure ongoing compliance with the National Voter Registration Act of 1993 (P.L. 103-31);

(c) Identify barriers to and research opportunities for ensuring the accuracy, security and efficiency of current voter registration processes at voter registration agencies designated under this section; and

(d) Identify ways to improve use of current technology.

SECTION 4. Sections 1 and 2 of this 2011 Act are repealed on January 2, 2014.

SECTION 5. This 2011 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2011 Act takes effect on its passage.

Approved by the Governor June 16, 2011

Filed in the office of Secretary of State June 16, 2011

Effective date June 16, 2011

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