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 388
House Bill 3061
Sponsored by Representatives CANNON, J SMITH
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.
Provides for automatic voter registration of person who applies
for issuance or renewal of driver license, state identification
card or change of address, unless person declines to register to
vote. Allows county clerk to make official ballot available to
persons automatically registered to vote by mail or at office of
county clerk or other designated location.
Becomes operative on January 1, 2012.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to voter registration; creating new provisions; amending
ORS 247.017 and 254.470; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 247.017 is amended to read:
247.017. (1) The Department of Transportation shall make a
voter registration card available to any person at any office of
the department where licenses or renewal applications are
distributed or received.
(2) When a person who is at least 17 years of age applies for
issuance or renewal of an Oregon driver license, as defined in
ORS 801.245, or issuance of a state identification card under ORS
807.400 or submits a change of address application form at a
department office where driver license issuance or renewal
applications, state identification card applications or change of
address applications are distributed or received, department
personnel shall inform the person that { - the person may
register to vote at the department office. Department personnel
shall ask the applicant whether the applicant is registered to
vote at the applicant's current address and if not, whether the
applicant would like to register to vote at the department
office. - } { + the application form described in subsection
(5) of this section is considered a voter registration card
unless the person indicates in the space provided that the person
declines to use the form as an application for voter
registration.
(3) If a person who is at least 17 years of age provides the
information required by ORS 247.171 on an application form
described in subsection (5) of this section and does not decline
to use the voter registration portion of the form as an
application for voter registration, the voter registration
portion of the form shall be considered a completed voter
registration card. + }
{ - (3) - } { + (4) + } Each office shall deliver in a
timely manner the completed voter registration cards to the
county clerk or elections officer of the county in which the
office is located. The county clerk or elections officer of the
county where the office is located shall forward the registration
card to the county clerk or elections officer of the county in
which the applicant resides. The county clerk or elections
officer may reject any registration card in accordance with ORS
247.174. The Secretary of State shall determine by rule the time
and manner the completed registration cards are to be delivered
to the appropriate county clerk or elections officer.
{ - (4) - } { + (5) + } The department shall develop a
driver license issuance or renewal and voter registration
application { - procedure - } { + form, + } { - and - } a
state identification card issuance and voter registration
application { - procedure - } { + form + } and a change of
address and voter registration application { - procedure - }
{ + form + } that { - allows - } { + allow + } an applicant
for a license, renewal, state identification card or change of
address to register to vote by providing the information required
by ORS 247.171 and the information required for the issuance or
renewal of a license or for issuance of a state identification
card. { + A form developed under this subsection must also
contain a space for a person to decline to use the voter
registration portion of the form as an application for voter
registration. + } The Secretary of State shall approve the voter
registration portion of each { - application procedure and
change of address procedure - } { + form + }.
{ - (5) - } { + (6) + } The voter registration portion of
an application { + form + } described in subsection
{ - (4) - } { + (5) + } of this section shall comply with
provisions of the National Voter Registration Act of 1993 (P.L.
103-31).
{ - (6) - } { + (7) + } The Secretary of State shall adopt
rules establishing procedures for meeting the requirements of
subsection
{ - (3) - } { + (4) + } of this section.
{ - (7) - } { + (8) + } Information relating to the failure
of { - an applicant - } { + a person + } under this section
to sign the voter registration portion of an application { +
form + } for issuance or renewal of a driver license, issuance of
a state identification card or { - for - } a change of address
may not be used for other than voter registration purposes.
SECTION 2. ORS 254.470 is amended to read:
254.470. (1) The Secretary of State by rule shall establish
requirements and criteria for the designation of places of
deposit for the ballots cast in an election. The rules shall also
specify the dates and times the places of deposit must be open
and the security requirements for the places of deposit. At a
minimum, the places designated under this section shall be open
on the date of the election for a period of eight or more hours,
but must be open until at least 8 p.m. At each place of deposit
designated under this section, the county clerk shall prominently
display a sign stating that the location is an official ballot
drop site.
(2)(a) Except as provided in paragraphs (b) and (c) of this
subsection, the county clerk shall mail by nonforwardable mail an
official ballot with a return identification envelope and a
secrecy envelope not sooner than the 18th day before the date of
an election and not later than the 14th day before the date of
the election, to each active elector of the electoral district as
of the 21st day before the date of the election.
(b) If the county clerk determines that an active elector of
the electoral district as of the 21st day before the date of the
election does not receive daily mail service from the United
States Postal Service, the county clerk shall mail by
nonforwardable mail an official ballot with a return
identification envelope and a secrecy envelope to the elector not
sooner than the 20th day before the date of an election and not
later than the 18th day before the date of the election.
(c) In the case of ballots to be mailed to addresses outside
this state to electors who are not long-term absent electors, the
county clerk may mail the ballots not sooner than the 29th day
before the date of the election.
(3) For an election held on the date of a primary election:
(a) The county clerk shall mail the official ballot of a major
political party to each elector who is registered as being
affiliated with the major political party as of the 21st day
before the date of the election.
(b) The county clerk shall mail the official ballot of a major
political party to an elector not affiliated with any political
party if the elector has applied for the ballot as provided in
this subsection and that party has provided under ORS 254.365 for
a primary election that admits electors not affiliated with any
political party.
(c) An elector not affiliated with any political party who
wishes to vote in the primary election of a major political party
shall apply to the county clerk in writing. The application shall
indicate which major political party ballot the elector wishes to
receive. Except for electors described in subsection
(4) { + (a) + } of this section, and subject to ORS 247.203, the
application must be received by the county clerk not later than 5
p.m. of the 21st day before the date of the election.
(d) If the primary election ballot includes city, county or
nonpartisan offices or measures, the county clerk shall mail to
each elector who is not eligible to vote for party candidates a
ballot limited to those offices and measures for which the
elector is eligible to vote.
(4) { + (a) + } For each elector who updates a voter
registration after the deadline in ORS 247.025, the county clerk
shall make the official ballot, the return identification
envelope and the secrecy envelope available either by mail or at
the county clerk's office or at another place designated by the
county clerk. An elector to whom this subsection applies must
request a ballot from the county clerk.
{ + (b) For each elector who registers to vote using the form
described in ORS 247.017 (5), the county clerk shall make the
official ballot, the return identification envelope and the
secrecy envelope available either by mail or at the county
clerk's office or at another place designated by the county
clerk. + }
(5) The ballot shall contain the following warning:
_________________________________________________________________
Any person who, by use of force or other means, unduly
influences an elector to vote in any particular manner or to
refrain from voting is subject to a fine.
_________________________________________________________________
(6) Upon receipt of any ballot described in this section, the
elector shall mark the ballot, sign the return identification
envelope supplied with the ballot and comply with the
instructions provided with the ballot. The elector may return the
marked ballot to the county clerk by United States mail or by
depositing the ballot at the office of the county clerk, at any
place of deposit designated by the county clerk or at any
location described in ORS 254.472 or 254.474. The ballot must be
returned in the return identification envelope. If the elector
returns the ballot by mail, the elector must provide the postage.
A ballot must be received at the office of the county clerk, at
the designated place of deposit or at any location described in
ORS 254.472 or 254.474 not later than the end of the period
determined under subsection (1) of this section on the date of
the election.
(7) An elector may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost or not received by the elector.
Replacement ballots shall be issued and processed as described in
this section and ORS 254.480. The county clerk shall keep a
record of each replacement ballot provided under this subsection.
Notwithstanding any deadline for mailing ballots in subsection
(2) of this section, a replacement ballot may be mailed, made
available in the office of the county clerk or made available at
one central location in the electoral district in which the
election is conducted. The county clerk shall designate the
central location. A replacement ballot need not be mailed after
the fifth day before the date of the election.
(8) A ballot shall be counted only if:
(a) It is returned in the return identification envelope;
(b) The envelope is signed by the elector to whom the ballot is
issued; and
(c) The signature is verified as provided in subsection (9) of
this section.
(9) The county clerk shall verify the signature of each elector
on the return identification envelope with the signature on the
elector's registration card, according to the procedure provided
by rules adopted by the Secretary of State. If the county clerk
determines that an elector to whom a replacement ballot has been
issued has voted more than once, the county clerk shall count
only one ballot cast by that elector.
(10) At 8 p.m. on election day, electors who are at the county
clerk's office, a place of deposit designated under subsection
(1) of this section or any location described in ORS 254.472 or
254.474 and who are in line waiting to vote or deposit a voted
ballot shall be considered to have begun the act of voting.
SECTION 3. { + The amendments to ORS 247.017 and 254.470 by
sections 1 and 2 of this 2011 Act become operative on January 1,
2012. + }
SECTION 4. { + The Department of Transportation, Secretary of
State or county clerk may take any action before January 1, 2012,
that is necessary to enable the department, secretary or clerk to
exercise, on and after January 1, 2012, all the duties, functions
and powers conferred upon the department, secretary or clerk by
the amendments to ORS 247.017 and 254.470 by sections 1 and 2 of
this 2011 Act. + }
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. + }
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