76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1373
House Bill 2804
Sponsored by Representative THATCHER (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 as
introduced.
Requires evidence of citizenship for persons registering to
vote for first time in this state. Specifies when registration of
qualified person occurs.
Becomes operative January 1, 2012.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to voter registration; creating new provisions; amending
ORS 247.012, 247.171 and 260.993; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 247. + }
SECTION 2. { + (1) A person registering to vote in this state
for the first time must supply evidence of citizenship with the
person's completed voter registration card or with 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.
(2) Documents acceptable as evidence of citizenship include
originals or copies of birth certificates, naturalization
documents and valid United States passports indicating that the
holder of the passport is a United States citizen. + }
SECTION 3. ORS 247.171 is amended to read:
247.171. (1) Except as provided in this subsection, the
Secretary of State shall design, prepare and distribute state
voter registration cards. The Secretary of State shall also
distribute federal registration cards. Any person may apply in
writing to the Secretary of State for permission to print, copy
or otherwise prepare and distribute the registration cards
designed by the Secretary of State. The secretary may revoke any
permission granted under this subsection at any time. All
registration cards shall be distributed to the public without
charge.
(2) The Secretary of State shall approve any voter registration
application form developed for use by the Department of
Transportation under ORS 247.017 or by any other agency
designated a voter registration agency under ORS 247.208.
(3) Each voter registration card designed or approved by the
Secretary of State shall describe the penalties for knowingly
supplying false information on the registration card and shall
contain space for a person to provide the following information:
(a) Full name;
(b) Residence address, mailing address or any other information
necessary to locate the residence of the person offering to
register to vote;
(c) The name of the political party with which the person is
affiliated, if any;
(d) Date of birth;
(e) An indication that the person is a citizen of the United
States; and
(f) A signature attesting to the fact that the person is
qualified to be an elector.
{ + (4) Each voter registration card designed or approved by
the Secretary of State shall state that evidence of citizenship
is required for persons registering to vote in this state for the
first time and shall list examples of documents acceptable as
evidence of citizenship. + }
{ - (4) - } { + (5) + } Any form containing a voter
registration card may also include space for a person to provide:
(a) A telephone number where the person may be contacted; and
(b) If previously registered to vote in this state, the name
then supplied by the person and the county and, if known, the
address of previous registration.
{ - (5) - } { + (6) + } A person shall not supply any
information under subsection (3) or { - (4) - } { + (5) + }
of this section knowing it to be false.
{ - (6) - } { + (7) + } A county clerk or other person
accepting registration cards shall not request any information
unless it is authorized by state or federal law.
{ - (7) - } { + (8) + } A person shall attest to the
information supplied on the voter registration card by signing
the completed registration card.
{ - (8) - } { + (9) + } Any completed and signed
registration card described in subsection (3) of this section
shall be the official registration card of the elector.
SECTION 4. ORS 247.012 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) - } { + (8) + } of
this section;
(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 ORS 247.019.
(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. - }
{ + (3) The county clerk for the county in which the person
resides shall register a person if: + }
{ - (4) - } { + (a) + } Except as provided in ORS 247.125,
{ - if a - } { + the person's + } registration card is legible
{ - , - } { + and + } accurate and contains, at a minimum, the
registrant's name, residence address, date of birth and signature
{ - , the county clerk shall register the person. - } { + ; and
(b) For a person registering to vote in this state for the
first time, the person's registration card is accompanied by
acceptable evidence of United States citizenship.
(4) + } If { - this - } information { + or evidence of
citizenship required under subsection (3) of this section + } is
{ - missing from the registration card - } { + not
supplied + } 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) The county clerk shall mail a written notice to each
person who has attempted to register to vote for the first time
in this state under this section. The notice must indicate
whether the person is registered and must be mailed not later
than seven business days after the county clerk receives
registration materials under subsection (1) or (2) of this
section. The registration of a qualified person occurs on the
date the county clerk mails the notice confirming the
registration of the person. + }
{ - (5) - } { + (6) + } If a registration card meets the
requirements of subsection { - (4) - } { + (3) + } of this
section but is missing an indication of political party
affiliation, the registrant { - shall be - } { + is + }
considered not affiliated with any political party. This
subsection does not apply if an elector is updating a
registration within the same county.
{ - (6) - } { + (7) + } If a registration card contains an
unintentional scrivener's error, the county clerk may attempt to
contact the person to correct the error.
{ - (7) - } { + (8) + } 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 - } { + is + } responsible for the performance of
duties by those appointed.
{ - (8) - } { + (9) + } A registration { - card received
and accepted - } { + that occurs + } under this section
{ - shall be - } { + is + } considered an active registration.
{ - (9) - } { + (10) + } A registration may be updated at
any time.
SECTION 5. ORS 260.993 is amended to read:
260.993. (1) The penalty for violation of ORS 260.532 is
limited to that provided in ORS 260.532 (6) and (8).
(2) Violation of ORS 247.125 (1), 247.171 { - (5) - }
{ + (6) + }, 247.420 (2), 253.710, 260.402, 260.555, 260.558,
260.575, 260.645 or 260.665 (2) or (3) involving any action
described in ORS 260.665 (2)(d) to (f) or 260.715 is a Class C
felony.
(3) Violation of ORS 260.695 (4) is a Class A misdemeanor.
(4) Violation of ORS 247.171 { - (6) - } { + (7) + } is a
Class C misdemeanor.
SECTION 6. { + (1) Section 2 of this 2011 Act applies only to
persons who register to vote in this state for the first time on
or after the operative date of section 2 of this 2011 Act.
(2) The amendments to ORS 247.012 by section 4 of this 2011 Act
apply only to voter registration cards received, delivered or
completed on or after the operative date of the amendments to ORS
247.012 by section 4 of this 2011 Act.
(3) The amendments to ORS 247.171 by section 3 of this 2011 Act
apply only to voter registration cards designed, prepared or
distributed on or after the operative date of the amendments to
ORS 247.171 by section 3 of this 2011 Act and to persons who
register to vote for the first time in this state on or after the
operative date of the amendments to ORS 247.171 by section 3 of
this 2011 Act. + }
SECTION 7. { + (1) Except as provided in subsection (2) of
this section, section 2 of this 2011 Act and the amendments to
ORS 247.012, 247.171 and 260.993 by sections 3 to 5 of this 2011
Act become operative on January 1, 2012.
(2) The Secretary of State and any county clerk or county
official in charge of elections may take any action under section
2 of this 2011 Act and ORS 247.012, 247.171 and 260.993 as
amended by sections 3 to 5 of this 2011 Act prior to the
operative date specified in subsection (1) of this section that
is necessary to enable the Secretary of State and any county
clerk or county official in charge of elections to exercise, on
and after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
Secretary of State and any county clerk or county official in
charge of elections by section 2 of this 2011 Act and the
amendments to ORS 247.012, 247.171 and 260.993 by sections 3 to 5
of this 2011 Act. + }
SECTION 8. { + 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. + }
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