Chapter 410 Oregon Laws 1999

Session Law

AN ACT

SB 1178

Relating to elections; creating new provisions; amending ORS 246.270, 246.410, 246.420, 247.012, 247.013, 247.025, 247.290, 247.298, 247.302, 247.304, 247.420, 247.435, 247.550, 247.563, 247.580, 247.965, 249.068, 249.072, 249.078, 251.026, 251.315, 253.005, 253.045, 253.065, 253.080, 253.085, 253.135, 253.575, 253.700, 254.005, 254.115, 254.125, 254.135, 254.145, 254.165, 254.175, 254.195, 254.226, 254.321, 254.408, 254.411, 254.415, 254.445, 254.470, 254.485, 254.505, 254.515, 254.525, 254.535, 254.545, 255.095, 255.245 and 258.200; and repealing ORS 247.028, 247.294, 247.306, 247.330 and 253.040.

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

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS chapter 246.

SECTION 2. ORS 246.310, 246.320, 246.330, 246.335 and 246.420 apply only to elections conducted at polling places as provided in ORS chapter 254.

SECTION 3. ORS 246.270 is amended to read:

246.270. On the day of any biennial primary election, presidential preference primary election, general election or special election held throughout the county, the county clerk's office shall remain open for business pertaining to the election [while the polls are open] from 7 a.m. to 8 p.m. of the same day.

SECTION 4. ORS 246.410 is amended to read:

246.410. [(1) Not later than January 31 of each even-numbered year, the county clerk shall divide all precincts having more than 750 electors. A precinct located in a single multiple dwelling may have more than 750 electors. The county clerk shall fix the boundaries of the precincts and designate the precincts by numbers or names.]

[(2)] The county clerk, not later than the 30th day before an election, may create, combine or divide one or more precincts [in which voting machines or vote tally systems are used]. The number of electors to be included in a precinct shall not exceed [2,000] 5,000. The county clerk shall fix the boundaries of the precincts and designate the precincts by numbers or names.

[(3) At any election other than a biennial primary election, presidential preference primary election or general election, the county clerk, not later than the 30th day before the election, may combine two or more precincts for the election. In combining precincts, the county clerk shall consider the convenience of the elector. No combination of precincts shall number more than 2,000 electors.]

[(4) Subject to the limitations of subsection (1) of this section, at any time after June 1 of each even-numbered year and before the next general election, the county clerk shall make such other changes in the boundaries of precincts as are necessary or convenient for voting purposes.]

SECTION 5. ORS 246.420 is amended to read:

246.420. (1) Not later than the 10th day before any election conducted at polling places as provided in ORS chapter 254, the county clerk shall designate one polling place for each precinct. The county clerk shall take into account the desirability that a polling place have adequate parking and lighting facilities and be accessible to individuals with disabilities in accordance with rules adopted under ORS 447.231. The county clerk may designate as a polling place any public building, including any schoolhouse, owned or leased by the state or any political subdivision thereof, and the public building may be used as a polling place without expense to the county. No official in charge of the public building may refuse its use as a polling place. If the public building has an entrance free of architectural barriers as defined by rules adopted under ORS 447.231, that entrance shall be kept unlocked during the hours the polls are open and its location clearly indicated at the main entrance of the building. More than one polling place may be designated in the same building.

(2) Any published list of polling places for use by electors shall indicate by a uniform, nationally recognized symbol those polling places which are accessible to electors with disabilities.

SECTION 6. 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 (8) of this section; or

(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.

(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 (8) 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; or

(c) In the case of a registration card containing an unintentional scrivener's error that is corrected as described in subsection (6) of this section, on the date that registration would have occurred if the registration card had not contained the scrivener's error.

(4) If a registration card is legible, accurate and contains, at a minimum, the registrant's name, residence address and signature, the county clerk shall register the person. If this information is missing from the registration card, the county clerk shall attempt to contact the person to obtain the missing information.

(5) If a registration card meets the requirements of subsection (4) of this section but is missing an indication of political party affiliation, the registrant shall be considered not affiliated with any political party. This subsection does not apply if an elector is updating a registration within the same county.

(6) If a registration card contains an unintentional scrivener's error, the county clerk may attempt to contact the person to correct the error.

(7) If a registration card is missing the date of birth of the registrant, the county clerk may attempt to contact the person to obtain the missing information.

(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 responsible for the performance of duties by those appointed.

(9) A registration card received and accepted under this section shall be considered an active registration.

(10) [Subject to ORS 247.306,] A registration may be updated at any time.

SECTION 7. ORS 247.013 is amended to read:

247.013. (1) A qualified person shall be considered registered to vote in a county when the person's first registration in the county occurs as described in ORS 247.012.

(2) An elector who changes residence address from the county in which the elector is registered to a different county within the state, in order to vote in an election, must be an elector registered in the county in which the new residence address of the elector is located.

(3) [Except as provided in ORS 247.294 and 247.330,] If there is a change in any information required for registration under this chapter, and the elector has not changed residence address to another county, the registration of the elector may be updated as provided in this chapter.

(4) Notwithstanding subsections (2) and (3) of this section, if an elector changes residence address from the county in which the elector is registered to a different county within the state, the elector need not register again if the registration of the elector is updated [as provided in ORS 247.294].

(5) If the county clerk does not have evidence of a change in any information required for registration under this chapter for an elector, the registration of the elector shall be considered active. If the county clerk has received evidence that there has been a change in the information required for registration under this chapter for an elector, and the county clerk has mailed the notice described in ORS 247.563, the registration of the elector shall be considered inactive. The inactive registration of an elector shall be updated before the elector may vote in an election.

SECTION 8. ORS 247.025 is amended to read:

247.025. [(1)] To vote in an election:

[(a)] (1) A person's registration card must be received at an office or location described in ORS 247.012 not later than the time the office or location closes for business on the 21st day immediately preceding the election, but in no case later than midnight of the 21st day immediately preceding the election; or

[(b)] (2) A person's registration card must be postmarked not later than the 21st day immediately preceding the election.

[(2) If a person registers before the 20th day before the election, the person's name shall be listed in the poll book of the person's precinct.]

SECTION 9. Sections 10 and 11 of this 1999 Act are added to and made a part of ORS chapter 247.

SECTION 10. Notwithstanding ORS 247.025, an elector whose registration is active or inactive may update the registration at any time before 8 p.m. on the day of the election.

SECTION 11. (1) In an election conducted by mail as provided in ORS chapter 254, if the county clerk receives information updating the registration of an elector after the deadline in ORS 247.025:

(a) The county clerk shall issue a ballot to the elector if the elector's registration was inactive prior to updating.

(b) The county clerk shall issue a replacement ballot upon request from the elector if the elector's registration was active prior to updating.

(2) Ballots issued under this section need not be mailed after the fifth day before the date of the election and may be obtained in person from the county clerk up until and including the date of the election.

SECTION 12. ORS 247.290 is amended to read:

247.290. (1) An elector shall update a registration if:

(a) The residence address of the elector is changed for any reason within the county in which the elector is registered, except as provided in subsection (3) of this section.

(b) The elector desires to change or adopt a political party affiliation.

(d) The name of the elector is changed except as provided in ORS 254.411.

(2) The elector shall update a registration in the same manner as original registration.

(3) Notwithstanding subsection (1) of this section:

(a) An elector need not update a registration if:

(A) The United States Postal Service or a city or county changes the residence or mailing address of the elector and the residence of the elector has not been relocated; or

(B) The registration of the elector has been updated by the county clerk under ORS 247.292[, 247.294] or 247.296.

(b) An elector whose mailing address has changed but whose residence address has not changed, and whose registration has not been canceled, may vote once in the precinct in which the elector is registered. The following apply:

(A) The election board clerk shall enter into the poll book the fact that the elector's mailing address has changed. Following the election, the county clerk shall send the elector the notice described in ORS 247.563 and the registration of the elector shall be considered inactive.

(B) The registration of an elector whose mailing address has changed must be updated in order for the elector to vote in any subsequent election.

SECTION 13. ORS 247.298 is amended to read:

247.298. If there are fewer than 22 days between the date of an election and the registration deadline for the next succeeding election, the county clerk may update registrations as required under ORS 247.292 [or 247.294] after the next succeeding election.

SECTION 14. ORS 247.302 is amended to read:

247.302. The effective date of a voter registration updated under ORS 247.292[, 247.294] or 247.296 is the date that the county clerk changes the address information on the voter registration file.

SECTION 15. ORS 247.304 is amended to read:

247.304. Notwithstanding ORS 247.025, [247.306 and 247.330] in an election conducted at polling places as provided in ORS chapter 254:

(1) If a county clerk receives information updating the registration of an elector after the deadline in ORS 247.025 and [before the seventh] not later than the eighth day before [any] an election [conducted at the polls], and the registration of the elector has not been canceled, the county clerk may include the elector's updated registration information in the poll book. If the elector's updated registration information is not in the poll book, the clerk shall provide the elector a certificate of registration allowing the elector to vote [the entire ballot] at the elector's new polling place. A person issued a certificate of registration who desires to vote must give the certificate to the election board of the precinct before the elector is given a ballot.

[(2) If a county clerk receives information updating the registration of an elector after the deadline in ORS 247.025 and before the seventh day before an election held by mail, the county clerk shall issue the entire ballot under ORS 254.470 (5).]

(2) An elector who updates a registration after the eighth day before an election may vote at any polling place or at a county elections office.

(3) Notwithstanding subsection (1) of this section, [for an election conducted at the polls], the county clerk need not issue a certificate of registration to an elector who is voting by absentee ballot.

SECTION 16. ORS 247.420 is amended to read:

247.420. (1) A county clerk shall give a [certificate of registration] ballot marked "Presidential only" to any person eligible under ORS 247.410 who personally appears in the office of the county clerk, completes a registration card and verifies eligibility to vote under ORS 247.410.

(2) No person shall supply any information under subsection (1) of this section, knowing it to be false.

SECTION 17. ORS 247.435 is amended to read:

247.435. An elector of this state who moves to another state after the 31st day before a presidential preference primary or general election for President or for electors of President and Vice President, and who does not qualify to vote in the state of the elector's present residence, may vote for these offices in the presidential preference primary or general election in this state. [If voting in person, the elector must obtain a certificate of registration marked "Presidential only." If voting by absentee ballot, the elector must apply for an absentee ballot that will be marked "Presidential only."] The ballot for a person voting under this section shall be marked "Presidential only."

SECTION 18. ORS 247.550 is amended to read:

247.550. (1) Whenever an election is conducted at polling places as provided in ORS chapter 254, an elector or member of an election board may question an entry in the poll book. The question shall be noted in the remarks column following the name stating the reason, such as "died," "moved," or "incorrect address."

(2) Not later than the 60th day after each election, the county clerk shall send the notice described in ORS 247.563 to electors questioned under subsection (1) of this section.

SECTION 19. ORS 247.563 is amended to read:

247.563. (1) Except as provided in subsection (4) of this section and ORS 247.555, whenever it appears to the county clerk that an elector needs to update the elector's registration or that the elector has changed residence address to another county, the county clerk shall mail a notice to the elector.

(2) The notice shall be sent by forwardable mail and shall include a postage prepaid, preaddressed return card on which the elector may state the elector's current residence and mailing address. The notice shall advise the elector that:

(a) The elector should return the card promptly;

(b) If the card is not returned by the 21st calendar day immediately preceding an election, the elector may be required to complete a new registration card in order to vote in an election [and may only receive a limited ballot]; and

(c) The elector's registration will be canceled if the elector does not vote before two general elections have been held.

(3) When the county clerk mails a notice under this section, the registration of the elector shall be considered inactive until the elector updates the registration, the registration is canceled or the clerk determines that the registration should be considered active.

(4) This section does not apply when the county clerk receives written evidence from the elector, the United States Postal Service or another county clerk indicating a change of residence or mailing address and the registration of the elector is automatically updated by the county clerk under any provision of this chapter.

SECTION 20. ORS 247.580 is amended to read:

247.580. (1) Copies of all notices and other correspondence issued under ORS 247.195, 247.292, [247.294,] 247.296, 247.563 and 247.570 shall be retained by the county clerk for two years.

(2) If the elector registration records of a county are mechanically maintained, the county clerk may satisfy the requirements of subsection (1) of this section by maintaining for two years:

(a) Computer listings of electors to whom the clerk issued notices or any other correspondence under ORS 247.195, 247.292, [247.294,] 247.296, 247.563 and 247.570 and facsimile copies of notices and correspondence; or

(b) Microfilm records of the listings and copies.

SECTION 21. ORS 247.965 is amended to read:

247.965. (1) Any elector may request the county clerk to keep the residence address of the elector exempt from disclosure as a public record under ORS 192.410 to 192.505.

(2) The county clerk shall keep the residence address of an elector exempt from disclosure as a public record under ORS 192.410 to 192.505 if the elector making the request demonstrates to the satisfaction of the county clerk that the elector's personal safety or the safety of any family member residing with the elector is in danger if the elector's address remains available for public inspection.

(3) [Any] The county clerk shall automatically mail a ballot to an elector whose residence address is exempt from disclosure under this section [shall be considered an absent elector until the elector requests termination of the exemption or the elector is required to update the elector's registration. The elector shall provide the county clerk with a mailing address other than the residence address of the elector that is exempt from disclosure].

(4) An exemption from disclosure granted under this section shall remain in effect until the elector requests termination of the exemption or the elector is required to update the elector's registration. If the elector is required to update the elector's registration, the elector may apply for another exemption from disclosure.

(5) An exemption from disclosure granted under this section includes an exemption from disclosure of the residence address of an elector under ORS 247.940[,] or 247.945 [or 253.040].

(6) A county clerk shall not be held liable for:

(a) Granting or denying an exemption from disclosure under this section; or

(b) Any unauthorized release of a residence address granted an exemption from disclosure under this section.

SECTION 22. ORS 249.068 is amended to read:

249.068. (1) Except as otherwise provided for a candidate for nonpartisan office in ORS 249.072:

(a) A nominating petition for an office to be voted for in the state at large or for a candidate for Representative in Congress shall contain signatures of members of the same major political party as the candidate. Except as provided in this subsection, there shall be at least 1,000 signatures or the number of signatures at least equal to two percent of the vote cast in the state or congressional district, as the case may be, for the candidates of that major political party for presidential electors at the last presidential election, whichever is less;

(b) For an election next following any change in the boundaries of a congressional district, there shall be at least 1,000 signatures or the number of signatures at least equal to two percent of the average number of votes cast in all congressional districts in this state, as the case may be, for the candidates of that major political party for presidential electors at the last presidential election, whichever is less;

(c) In the case of a candidate nominated by a major political party that did not nominate presidential electors at the last presidential election, there shall be at least 1,000 signatures or the number of signatures at least equal to two percent of the total number of votes cast for the candidate described in ORS 248.006 (1)(b) at the general election at which the affiliation of electors last became a major political party. If more than one candidate described in ORS 248.006 (1)(b) received at least 15 percent of the total votes cast for an office, the number of signatures required shall be two percent of the lower number of votes received; and

(d) If the office is one to be voted for in the state at large the signatures shall include those of electors registered in at least [one-tenth] five percent of the precincts in each of at least seven counties. If the office is one to be voted for in a congressional district the signatures shall include those of electors registered in at least [one-tenth] five percent of the precincts in each of at least one-fourth of the counties in the congressional district.

(2) Except as otherwise provided in this section or for a candidate for nonpartisan office in ORS 249.072:

(a) A nominating petition for an office not provided for in subsection (1) of this section shall contain the signatures of electors who are members of the same major political party as the candidate. There shall be at least 500 signatures or the number of signatures at least equal to two percent of the vote in the electoral district for the candidates of that major political party for presidential electors at the last presidential election, whichever is less;

(b) In the case of major political party candidates for the office of state Senator or state Representative, for an election next following any change in the boundaries of the districts of state Senators or state Representatives under section 6, Article IV of the Oregon Constitution, there shall be at least 500 signatures or the number of signatures at least equal to two percent of the average number of votes cast in all state Senatorial or state Representative districts in this state, as the case may be, for the candidates of that major political party for presidential electors at the last presidential election, whichever is less;

(d) If the office under this subsection is to be voted for in more than one county, the signatures shall include those of electors registered in at least [one-eighth] six percent of the precincts in the electoral district that are located in each of two or more of the counties, or portions of the counties, within which the electoral district is located. If [one-eighth] six percent of the precincts of the electoral district in one of the counties or portion thereof does not constitute a whole precinct, the nominating petition shall contain signatures from at least one precinct in that county; and

(e) If the office is to be voted for in only one county or in a city, the signatures shall include those of electors registered in at least [one-fifth] 10 percent of the precincts in the electoral district.

SECTION 23. ORS 249.072 is amended to read:

249.072. (1) If the nonpartisan office is to be voted for in the state at large, the nominating petition shall contain at least 1,000 signatures of electors, or a number of signatures of electors equal to at least one percent of the vote cast in the state for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term, whichever is less. The signatures shall include those of electors registered in each of at least [one-tenth] five percent of the precincts in each of at least seven counties.

(2) The nominating petition for a nonpartisan office not provided for in subsection (1) of this section shall contain at least 500 signatures of electors in the electoral district, or a number of signatures of electors equal to at least one percent of the vote cast in the electoral district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term, whichever is less. In addition:

(a) If an office under this subsection is to be voted for in more than one county, the signatures shall include those of electors registered in each of at least [one-eighth] six percent of the precincts in the electoral district that are located in each of two or more of the counties, or portions of the counties, within which the electoral district is located. If [one-eighth] six percent of the precincts of the electoral district in one of the counties or portion thereof does not constitute a whole precinct, the nominating petition shall contain signatures from at least one precinct in that county.

(b) If the office is to be voted for in only one county or in a city, the signatures shall include those of electors registered in each of at least [one-fifth] 10 percent of the precincts in the electoral district.

SECTION 24. ORS 249.078 is amended to read:

249.078. (1) The name of a candidate for a major political party nomination for President of the United States shall be printed on the ballot or ballot label only:

(a) By direction of the Secretary of State who in the secretary's sole discretion has determined that the candidate's candidacy is generally advocated or is recognized in national news media; or

(b) By nominating petition described in this section and filed with the Secretary of State.

(2) A petition nominating a candidate under this section shall contain from each congressional district the signatures of at least 1,000 electors who are registered in the district and who are members of the major political party of the candidate. The electors in each congressional district shall include electors registered in at least [one-tenth] five percent of the precincts in each of at least one-fourth of the counties in the congressional district. The petition shall contain the printed name, residence address and name or number of the precinct, if known, of each elector whose signature appears on the petition. The signatures shall be certified for genuineness by the county clerks under ORS 249.008. Before circulating the petition, the chief sponsor shall file with the Secretary of State a signed copy of the prospective petition. The chief sponsor shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the petition. After the prospective petition is filed, the chief sponsor shall notify the Secretary of State not later than the 10th day after the chief sponsor first has knowledge or should have had knowledge that:

(a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid.

(b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid.

(3) A nominating petition under this section shall be filed not sooner than the 250th day and not later than the 70th day before the date of the presidential preference primary election.

SECTION 25. ORS 251.026 is amended to read:

251.026. (1) The Secretary of State shall prepare and have printed in the state biennial primary election and general election voters' pamphlet a statement containing the following information:

(a) Requirements for a citizen to qualify as an elector.

(b) When an elector is required to register or update a registration.

[(c) How an elector may obtain an absentee ballot.]

[(d) How an elector may obtain a certificate of registration.]

[(e)] (c) In the voters' pamphlet for the biennial primary election, a statement of the duties and responsibilities of a precinct committeeperson to be elected at the biennial primary election.

(2) The Secretary of State shall include a statement on the cover of the voters' pamphlet that the pamphlet may be used to assist electors [at the polls] in voting.

(3) The Secretary of State may include in the voters' pamphlet the following information:

(a) Maps showing the boundaries of senatorial and representative districts.

(b) Voter registration forms.

(c) Elector instructions, including the right of an elector to request a second ballot if the first ballot is spoiled[, the right of an elector to take into the voting booth a sample ballot marked in advance] and the right of an elector to seek assistance [of the election board clerks or someone of the elector's own choosing] in marking the ballot.

SECTION 26. ORS 251.315 is amended to read:

251.315. (1) If a county produces a county voters' pamphlet, the county voters' pamphlet shall include, when applicable, at least the following information:

(a) If the election is conducted at polling places under ORS chapter 254, a sample ballot containing the names of candidates for all offices appearing on the ballot, and the ballot titles of all measures appearing on the ballot in the county.

(b) Requirements for a citizen to qualify as an elector.

[(d) Instructions as to how an elector may obtain and use:]

[(A) An absentee ballot; and]

[(B) A certificate of registration.]

[(e) A statement that the voters' pamphlet may be used to assist electors at the polls.]

[(f)] (d) Elector instructions, including the right of an elector to request a second ballot if the first ballot is spoiled[, the right of an elector to take into the voting booth a sample ballot marked in advance] and the right of an elector to seek assistance [of the election board clerks or someone of the elector's own choosing] in marking the ballot.

[(g)] (e) The hours [that the county elections office or other polling places are open] and locations of sites designated under ORS 254.470 (2) for deposit of official ballots.

[(h)] (f) Any portraits and statements relating to candidates submitted in accordance with the provisions of ORS 251.305 to 251.435.

[(i)] (g) Any ballot titles, explanatory statements and arguments submitted in accordance with the provisions of ORS 251.305 to 251.435.

[(j)] (h) [Notice to electors of whether the election will be conducted by mail or at the polls, and] If the election is to be at the polls, a listing of the polling places.

[(k)] (i) Such other information as the county clerk considers to be appropriate or necessary to inform the voters.

(2) The county clerk shall mail or otherwise distribute the county voters' pamphlet not later than the seventh day before the election or the last day for mailing ballots if the election is conducted by mail.

SECTION 27. ORS 253.005 is amended to read:

253.005. As used in this chapter:

(1) "Clerk" means the county clerk.

(2) "County clerk" means the county clerk or the county official in charge of elections.

(3) "Elector" means an individual qualified to vote under section 2, Article II, Oregon Constitution.

(4) "Absent elector" means a person to whom the county clerk has issued a ballot prior to 8 p.m. the day of the election in the case of an election conducted at polling places, or prior to the mailing of ballots under ORS 254.470 (3)(a) for an election conducted by mail.

SECTION 28. ORS 253.045 is amended to read:

253.045. (1) The clerk shall print as many absentee ballots as may be necessary as soon as possible after receiving the information concerning candidates and measures to be voted on at an election, but not later than the 45th day before the election.

(2) For an election conducted at polling places as provided in ORS chapter 254:

(a) The initials of the clerk may be placed on each ballot stub to identify it as an absentee ballot.

(b) The ballot stubs of each set of ballot forms containing the same information may be numbered consecutively.

(3) The clerk shall be responsible for the safekeeping and disposition of the ballots, and shall destroy all unused ballots as soon as practicable after the [closing of the polls on] election [day].

SECTION 29. ORS 253.065 is amended to read:

253.065. (1) As soon as the absentee ballots are printed the clerk shall deliver a ballot to each long term absent elector. Otherwise, the absentee ballots shall be delivered not later than the deadline described in ORS 253.045. The ballot may be delivered to the absent elector in the office of the clerk, by postage prepaid mail, or by any other appropriate means. [Ballots mailed to electors in foreign countries shall be sent by airmail.]

(2) The clerk shall deliver with the ballot instructions for marking and returning the ballot and an envelope to use for the return. The name, official title and office address of the clerk shall appear on the front of the envelope. On the back shall appear a statement to be signed by the absent elector, stating that the elector:

(a) Is qualified to vote;

(b) Unless prevented by physical disability, has personally marked the ballot; and

(3) Notwithstanding subsection (1) of this section, if the county clerk receives an application for an absentee ballot after the fifth day before an election, the county clerk need not mail the ballot for that election but may deliver the ballot by making it available in the office of the clerk.

(4) An elector may obtain a replacement ballot if the ballot is destroyed, spoiled, lost or not received by the elector. The county clerk shall keep a record of each replacement ballot provided under this subsection.

(5) A replacement ballot [may] need not be mailed [not later than] after the fifth day before the date of the election. [After the fifth day before the date of an election, the county clerk shall deliver the ballot by making it] A replacement ballot may be mailed or shall be made available in the office of the county clerk.

(6) If the county clerk determines that an elector to whom a replacement ballot has been issued at the request of the elector has voted more than once, the county clerk shall not count any ballot cast by the elector. If the county clerk is required to reissue ballots due to a change on the ballot for any reason, that ballot shall be counted in lieu of any previous ballot issued unless:

(a) Only the original ballot was voted and returned; or

(b) The county clerk issued a supplemental ballot that is not a complete replacement of the original ballot.

SECTION 30. ORS 253.080 is amended to read:

253.080. (1) Upon receipt of an envelope containing a marked absentee ballot, the clerk shall keep it safely in the office and, before delivering the ballot for counting, shall compare the signature of the absent elector which appears on the back of the absentee ballot envelope with that upon the applicant's registration card. If the signatures appear to be the same, the envelope shall be marked in order to indicate [to the election board or special counting board that it may count the ballot] that the ballot may be counted. [The clerk then shall deliver the valid ballot to the proper election board before closing of the polls or to a special counting board appointed under ORS 253.085.]

(2) Except as otherwise provided in this chapter, the absentee ballots shall be counted and returns shall be made, as nearly as possible, in the same manner as for other ballots cast at the election.

SECTION 31. Sections 32 and 33 of this 1999 Act are added to and made a part of ORS chapter 253.

SECTION 32. ORS 253.085, 253.090, 253.095, 253.100 and 253.120 apply only to elections conducted at polling places as provided in ORS chapter 254.

SECTION 33. The clerk shall deliver valid absentee ballots to the proper election board before closing of the polls or to a special counting board appointed under ORS 253.085.

SECTION 34. ORS 253.085 is amended to read:

253.085. (1) The county clerk shall appoint as many special counting boards as may be necessary to conduct the count of absentee ballots not delivered to the election boards. Each member of a special counting board shall be an elector of the county, but no member shall be a candidate for any office at the election. The members of a special counting board shall not all be members of the same political party. Each member of a special counting board shall be compensated at not less than the rate of a member of a regular election board at the election.

(2) The special counting boards may begin to [count] process the absentee ballots as soon as the poll books used at the election are delivered to the counting board [and shall complete the count not later than the third day after the date of the election. Except as otherwise provided in this chapter, the absentee ballots shall be counted and returns shall be made in as nearly as possible the same manner as other ballots cast at the election].

(3) Absentee ballots may be counted by the special counting boards or by use of an automated vote tally system. The count of absentee ballots shall be completed not later than the third day after the date of the election.

SECTION 35. ORS 253.135 is amended to read:

253.135. (1) An elector who, on the day of an election, will be absent from the county in which the elector is registered may vote at the elections office of any county clerk or at any polling site in this state.

(2) An elector voting under this section shall complete and sign a voter registration card [and shall be permitted to vote a limited ballot. The elector shall be permitted to vote for the offices of President and Vice President of the United States, United States Senator, Representative in Congress if the elector votes in a county located in the congressional district in which the elector resides and all statewide offices and statewide measures].

(3) The elector shall insert the ballot into a small envelope provided by the election board and then shall insert the small envelope into a larger envelope. The larger envelope shall be deposited into the ballot box.

(4) A ballot cast under this section shall be forwarded to the county clerk of the county in which the elector resides not later than the eighth day after the election. The ballot shall be counted in the county in which the elector resides if the elector is qualified to vote in that county. A vote shall be counted only if the elector is qualified to vote for the particular office or on the measure.

(5) This section does not apply to persons registered under ORS 247.410 and 247.420.

SECTION 36. ORS 253.575 is amended to read:

253.575. (1) Upon receipt of an application made under ORS 253.565, if the applicant's residence is in the county, the county clerk, without regard to whether the applicant is an elector of the county, shall mail to the applicant[, by airmail,] a special absentee ballot, instructions for filling in and returning the ballot and an envelope to use for the return. The name, official title and office address of the clerk shall appear on the front of the envelope. On the back shall appear a statement to be signed by the absent elector, stating that the elector:

(a) Is qualified to vote;

(b) Unless prevented by physical disability, has personally marked the ballot; and

(2) The completed and signed [statement on the envelope containing a special absentee ballot] application submitted under ORS 253.565 shall constitute a valid registration for the [election for which the ballot is submitted] applicant.

(3) If the county clerk receives an application for a special absentee ballot on or after the 45th day before the election specified in the application, the county clerk shall treat the application as an application made under ORS 253.540.

(4) A long term absent elector may obtain a replacement ballot if the ballot is destroyed, spoiled, lost or not received by the elector. The county clerk shall keep a record of each replacement ballot provided under this subsection.

(5) Notwithstanding subsection (3) of this section, a replacement ballot may be mailed not later than the fifth day before the date of the election. After the fifth day before the date of an election, the county clerk shall deliver the ballot by making it available in the office of the county clerk.

(6) If the county clerk determines that a long term absent elector to whom a replacement ballot has been issued at the request of the elector has voted more than once, the county clerk shall not count any ballot cast by the elector. If the county clerk is required to reissue ballots due to a change on the ballot for any reason, that ballot shall be counted in lieu of any previous ballot issued unless:

(a) Only the original ballot was voted and returned; or

(b) The county clerk issued a supplemental ballot that is not a complete replacement of the original ballot.

SECTION 37. ORS 253.700 is amended to read:

253.700. (1) The county clerk, a member of the election board or special counting board or any elector shall challenge the absentee ballot of any person offering to vote as an absent elector whom the clerk, member or elector knows or suspects not to be qualified as an elector. The person's ballot may be challenged at any time before the ballot is removed from its return envelope for processing.

(2) [The clerk, member or elector who challenges the] A challenge to an absentee ballot of a person offering to vote shall [make] be made, under oath or affirmation before the clerk, a member of the election board or special counting board, [a written statement of challenge] and shall be in writing on a numbered challenge form. The statement shall contain the name and residence address of the challenger, the name of the person challenged and a statement of the facts upon which the challenge is based. Any elections official or member of an election board or special counting board may administer the oath or affirmation required under this subsection.

SECTION 38. Sections 39, 40, 41 and 42 of this 1999 Act are added to and made a part of ORS chapter 254.

SECTION 39. ORS 254.205, 254.215, 254.226, 254.245, 254.265, 254.275, 254.295, 254.305, 254.315, 254.325, 254.335, 254.345, 254.355, 254.385, 254.395, 254.405, 254.419, 254.426, 254.435, 254.455, 254.475 and 254.525 apply only to elections conducted at polling places.

SECTION 40. ORS 254.465 and 254.470 and sections 41 and 42 of this 1999 Act apply only to elections conducted by mail.

SECTION 41. The county clerk may employ personnel as necessary to open envelopes, prepare ballots for counting and count ballots. Such personnel shall not all be members of the same political party. A person who is the spouse, child, son-in-law, daughter-in-law, parent, mother-in-law, father-in-law, sibling, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, stepparent or stepchild of a candidate on the ballot at an election shall not be employed and may not serve as a volunteer in the capacity described in this section.

SECTION 42. The county clerk shall provide, at any location where ballots are issued, at least three suitable compartments, shelves or tables at which electors may mark their ballots. The arrangement of the compartments, shelves or tables shall ensure that the elector may conveniently mark the ballot with absolute secrecy. The compartments, shelves or tables shall be available during the entire time that ballots may be issued.

SECTION 43. ORS 254.005 is amended to read:

254.005. As used in this chapter:

(1) "Ballot" means any material on which votes may be cast for candidates or measures. In the case of a recall election, "ballot" includes material posted in a voting compartment or delivered to an elector by mail.

(2) "Ballot label" means the material containing the names of candidates or the measures to be voted on.

(3) "Chief elections officer" means the:

(a) Secretary of State, regarding a candidate for a state office or an office to be voted on in the state at large or in a congressional district, or a measure to be voted on in the state at large.

(b) County clerk, regarding a candidate for a county office, or a measure to be voted on in a county only.

(c) City clerk, auditor or recorder, regarding a candidate for a city office, or a measure to be voted on in a city only.

(4) "County clerk" means the county clerk or the county official in charge of elections.

(5) "Elector" means an individual qualified to vote under section 2, Article II, Oregon Constitution.

(6) "Major political party" means a political party that has qualified as a major political party under ORS 248.006.

(7) "Measure" includes any of the following submitted to the people for their approval or rejection at an election:

(a) A proposed law.

(b) An Act or part of an Act of the Legislative Assembly.

(d) Local, special or municipal legislation.

(e) A proposition or question.

(8) "Minor political party" means a political party that has qualified as a minor political party under ORS 248.008.

(9) "Nonpartisan office" means the office of judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court, Superintendent of Public Instruction, Commissioner of the Bureau of Labor and Industries, any elected office of a metropolitan service district under ORS chapter 268, justice of the peace, county clerk, county assessor, county surveyor, county treasurer, sheriff, district attorney or any office designated nonpartisan by a home rule charter.

(10) "Prospective petition" means the information, except signatures and other identification of petition signers, required to be contained in a completed petition.

(11) "Regular district election" means the election held each year for the purpose of electing members of a district board as defined in ORS 255.005 (2).

(12) "Voting machine" means:

(a) Any device which will record every vote cast on candidates and measures and which will either internally or externally total all votes cast on that device.

(b) Any device into which a ballot may be inserted and which is so designed and constructed that the vote for any candidate or measure may be indicated by punching or marking the ballot.

(13) "Vote tally system" means one or more pieces of equipment necessary to examine and tally automatically the marked or punched ballots.

SECTION 44. ORS 254.115 is amended to read:

254.115. (1) The official biennial primary election ballot or ballot label shall be styled "Official Biennial Primary Nominating Ballot for the ___ Party." and shall state:

(a) The [number or] name of the [precinct and] county for which it is intended.

(b) The date of the biennial primary election.

(c) The names of all candidates for nomination at the biennial primary election whose nominating petitions or declarations of candidacy have been made and filed, and who have not died, withdrawn or become disqualified.

(d) The names of candidates for election as precinct committeeperson.

(2) If the election is conducted at polling places as provided in this chapter, any ballot to be issued at a polling place shall also state the number or name of the precinct for which it is intended.

[(2)] (3) The biennial primary election ballot may include any city, county or nonpartisan office or the number, ballot title and financial estimates under ORS 250.125 of any measure.

[(3)] (4) The ballot shall not contain the name of any person other than those referred to in subsections (1) and [(2)] (3) of this section. The name of each candidate for whom a nominating petition or declaration of candidacy has been filed shall be printed on the ballot in but one place. In the event that two or more candidates for the same nomination or office have the same or similar surnames, the location of their places of residence shall be printed opposite their names to distinguish one from another.

SECTION 45. ORS 254.125 is amended to read:

254.125. (1) The names of candidates for a nonpartisan office at a nominating election held on the date of the biennial primary election shall be listed without political party designation on a nominating ballot or ballot label under the title, and department or position number if any, of the office.

(2) At the biennial primary election or general election:

(a) The names of candidates who are opposed for nomination or election to the Supreme Court, Court of Appeals, Oregon Tax Court and circuit court shall be printed on the ballot before the names of candidates for those offices who are unopposed; and

(b) The word "incumbent" shall follow the name of each candidate for the Supreme Court, Court of Appeals, Oregon Tax Court or circuit court who is designated the incumbent by the Secretary of State under ORS 254.085.

[(3) Notwithstanding subsection (2) of this section, the word "incumbent" shall follow the name of each judge:]

[(a) Who is a district court judge on January 15, 1998;]

[(b) Whose office as a district court judge is merged into the circuit court under section 1, chapter 658, Oregon Laws 1995; and]

[(c) Who is a candidate for that same position that merged into the circuit court at the election next following January 15, 1998.]

SECTION 46. ORS 254.135 is amended to read:

254.135. (1) The official general or special election ballot or ballot label shall be styled "Official Ballot" and shall state:

(a) The [number or] name of the [precinct and] county for which it is intended.

(b) The date of the election.

(c) The names of all candidates for offices to be filled at the election whose nominations have been made and accepted and who have not died, withdrawn or become disqualified. The ballot or ballot label shall not contain the name of any other person.

(d) The number, ballot title and financial estimates under ORS 250.125 of any measure to be voted on at the election.

[(2)] (3) The names of candidates for President and Vice President of the United States shall be printed in groups together, under their political party designations. The names of the electors shall not be printed on the general election ballot. A vote for the candidates for President and Vice President shall be a vote for the group of presidential electors supporting those candidates and selected as provided by law. The general election ballot shall state that electors of President and Vice President are being elected and that a vote for the candidates for President and Vice President shall be a vote for the electors supporting those candidates.

[(3)(a)] (4)(a) The name of each candidate nominated shall be printed upon the ballot or ballot label in but one place, without regard to how many times the candidate may have been nominated. The name of a political party shall be added opposite the name of a candidate for other than nonpartisan office according to the following rules:

(A) For a candidate not affiliated with a political party who is nominated by a minor political party, the name of the minor political party shall be added opposite the name of the candidate;

(B) For a candidate not affiliated with a political party who is nominated by more than one minor political party, the name of the minor political party selected by the candidate shall be added opposite the name of the candidate;

(C) For a candidate who is a member of a political party who is nominated by a political party of which the candidate is not a member, the name of the political party that nominated the candidate shall be added opposite the name of the candidate;

(D) For a candidate who is a member of a political party who is nominated by more than one political party of which the candidate is not a member, the name of the political party selected by the candidate shall be added opposite the name of the candidate; and

(E) For a candidate who is nominated by a political party of which the candidate is a member, the name of the political party of which the candidate is a member shall be added opposite the name of the candidate.

(b) If a candidate is required to select the name of a political party to be added on the ballot under paragraph (a) of this subsection, the candidate shall notify the filing officer of the selection not later than the 61st day before the day of the election.

(c) The word "incumbent" shall follow the name of each candidate for the Supreme Court, Court of Appeals, Oregon Tax Court or circuit court who is designated the incumbent by the Secretary of State under ORS 254.085.

(d) If two or more candidates for the same office have the same or similar surnames, the location of their places of residence shall be printed opposite their names to distinguish one from another.

SECTION 47. ORS 254.145 is amended to read:

254.145. (1) The names of candidates for nomination for or election to each office shall be arranged on the ballot or ballot label in the order determined under ORS 254.155. The names of candidates for the offices of President and Vice President of the United States, however, shall be arranged in groups. Except as provided in ORS 254.125, 254.135 and this section, no information about the candidate, including any title or designation, other than the candidate's name, shall appear on the ballot. In a precinct in which voting machines are used, spaces shall be provided, either on the ballot or on separate material delivered to the elector with the ballot, in which the elector may write the names of persons for any offices appearing on the ballot label. In other precincts, at the end of the list of candidates for each office shall be a blank space in which the elector may write the name of any person not printed on the ballot. On the left margin of the ballot or ballot label the name of each group or candidate may be numbered. The blank spaces shall not be numbered. A particular number shall not be used to designate more than one candidate at any election.

(2) The names of all candidates for the same office shall be listed in the same column on the ballot or ballot label. If more than one column is needed to list names of all candidates for that office, the names may be arranged in one or more columns in block form. The block shall be set apart by rulings under the title of the office. If a blank space follows the list of candidates, the space shall be in the same column as the names of candidates for that office. If blocks of columns are used, blank spaces shall be included within the ruled block.

(3) In precincts using voting machines, the ballot label shall be clearly marked to indicate when names of candidates for the office are continued on the following page.

(4) When a measure is submitted to the people, the number, ballot title and financial estimates under ORS 250.125 of each measure shall be printed after the list of candidates. A measure referred by the Legislative Assembly shall be designated "Referred to the People by the Legislative Assembly." A state measure referred by petition shall be designated "Referendum Order by Petition of the People." A state measure proposed by initiative petition shall be designated "Proposed by Initiative Petition."

(5) For an election conducted at polling places under this chapter, each official ballot shall have a removable stub. The stub on the ballots for a precinct shall be numbered consecutively.

(6) The ballot shall be printed to give the elector a clear opportunity to designate the elector's choice for candidates and approval or rejection of measures submitted. In precincts not using voting machines the elector shall indicate a preference by making a cross or check mark inside a voting square corresponding to the candidate or answer for which the elector wishes to vote. A voting square may be printed on the blank, write-in vote spaces. However, the elector is not required to place a mark in the voting square corresponding to a name written in a blank space. On the ballot or ballot label shall be printed words to aid the elector, such as "Vote for one," "Vote for three," and regarding measures, "Yes" and "No."

SECTION 48. ORS 254.165 is amended to read:

254.165. (1) If the filing officer determines that a candidate has died, withdrawn, become disqualified, or that the candidate will not qualify in time for the office if elected, the name of the candidate shall not be printed on the ballots or ballot labels or, if they have already been printed, shall be erased or canceled before the ballots are given to the electors. The name of a candidate nominated to fill a vacancy in nomination or office shall be printed on the ballots or ballot labels or, if they have already been printed, the county clerk shall cause the name to appear on the ballots or ballot labels before the ballots are given to the electors. A filing officer, other than the Secretary of State, shall notify the Secretary of State of any action taken under this section.

(2) Subsection (1) of this section does not apply if the filing officer makes the determination under subsection (1) of this section on or after the 30th day before the date of the election.

[(2)] (3) As used in this section:

(a) "District" means a district defined in ORS 255.012.

(b) "Filing officer" means the:

(A) Secretary of State, regarding a candidate for a state office or an office to be voted on in the state at large or in a congressional district.

(B) County clerk, regarding a candidate for a county office.

(C) County clerk of the county in which the administrative office of the district is located, regarding a candidate for a district office to be voted on in a district located in more than one county.

(D) County clerk, regarding a candidate for a district office to be voted on in a district situated wholly within the county.

(E) City clerk, auditor or recorder, regarding a candidate for a city office.

SECTION 49. ORS 254.175 is amended to read:

254.175. (1) In lieu of printing the complete ballot title of any measure, other than a state measure, the county clerk may print the caption and the question of the ballot title and the measure number on the ballot or ballot label. If the complete ballot title is omitted from the ballots or ballot labels and the election is conducted at polling places, the complete ballot title shall be printed in 14-point type or larger and posted in each voting compartment within view of the elector.

(2) In lieu of printing the complete ballot title and financial estimates of any state measure to be initiated or referred, the county clerk may print the caption of the ballot title, the statements described in ORS 250.035 (2)(b) and (c) and the measure number on the ballot or ballot label. If the complete ballot title and financial estimates are omitted from the ballots or ballot labels and the election is conducted at polling places, they shall be printed in 14-point type or larger and posted in each voting compartment within view of the elector.

(3) In the case of a recall election:

(a) If the election is conducted at polling places, the statements described in section 18, Article II of the Oregon Constitution, and ORS 249.877 may be posted in each voting compartment within view of the elector; and

(b) If the ballot is delivered by mail, the statements described in section 18, Article II of the Oregon Constitution, and ORS 249.877 shall be included with material delivered to the elector.

[(3)] (4) The complete text of each ballot title and any financial estimates shall be included with any [absent elector's] absentee or mailed official ballot.

[(4)] (5) Sample ballots and the publication of any facsimile sample ballots shall include the full text of the ballot title and any financial estimates.

SECTION 50. ORS 254.195 is amended to read:

254.195. (1) Official ballots and ballot labels shall be printed in black ink upon good quality material. The biennial or presidential preference primary election ballots or ballot labels shall be of different colors for the major political parties.

(2) If the election is conducted at polling places, sample ballots shall be prepared for the information of the elector. The sample ballot shall contain the offices, candidates, measures and other information on the ballots or ballot labels of the precincts for which the sample ballot is issued. The sample ballot need not contain the office of, or candidates for, precinct committeeperson. The sample ballots shall be identified as such, and printed on cheaper, colored paper to distinguish them from official ballots. A sample ballot shall not be voted or counted.

(3) The governing body of a city, county or district may mail sample ballots to all electors within the city, county or district to assist the electors' preparation for voting.

SECTION 51. ORS 254.226 is amended to read:

254.226. (1) The county clerk shall prepare the poll book of each precinct. The poll book shall list alphabetically the electors in the precinct, and the residence address and political affiliation of each. The poll book shall indicate clearly each electoral district in which the elector is eligible to vote.

(2) If a person registers before the 20th day before the election, the person's name shall be listed in the poll book of the person's precinct.

[(2)] (3) The poll book shall be ruled so that in a column for ballot numbers sufficient space appears for inserting the number of the ballot given to the elector.

[(3)] (4) The county clerk shall have attached to, or printed in, the poll book blank oaths of office for the election board clerks.

SECTION 52. ORS 254.321 is amended to read:

254.321. At any election in which the question of establishing or changing the exterior boundaries of a county or city is submitted to a vote, the county clerk shall:

(1) Post in each voting compartment [or by each shelf or table, within view of the elector, a map indicating the proposed boundaries] a map indicating the proposed boundaries;

(2) Include with any mailed ballot a map indicating the proposed boundaries; or

(3) Print in a voters' pamphlet prepared for the election a map indicating the proposed boundaries.

SECTION 53. ORS 254.408 is amended to read:

254.408. (1) A person offering to vote and who claims to be an elector, but for whom no evidence of active or inactive registration can be found, shall be granted the right to vote in the manner provided in this section.

(2) Whenever an elector updates a registration at a polling place on the date of the election [and votes under ORS 247.306], the elector shall vote in the manner provided in this section.

(3) An elector voting under this section shall complete and sign a registration card [and shall vote a limited ballot. The limited ballot shall include only federal and statewide offices and statewide measures].

(4) The elector shall insert the ballot into a small envelope provided by the election board and then insert the small envelope into a larger envelope. The larger envelope shall be deposited in the ballot box. When the ballot box is opened, the larger envelopes shall be segregated and not counted until the registration of the elector is verified under this section.

(5) The county clerk shall determine if the elector is validly registered to vote and if the vote was properly cast. The ballot shall be counted only if the county clerk determines the registration of the elector is considered active or inactive.

(6) A vote shall be counted only if the elector is qualified to vote for the particular office or on the measure.

SECTION 54. ORS 254.411 is amended to read:

254.411. (1) Any elector whose name has been changed may vote once in the precinct in which the elector is registered under the elector's former name.

(2) If the elector votes at a polling place, the election board clerk shall enter into the poll book the fact that the elector's name has changed.

(3) Following the election, the registration of the elector shall be considered inactive.

[(3)] (4) In order to vote at subsequent elections the elector whose name has changed must update the elector's registration.

SECTION 55. ORS 254.415 is amended to read:

254.415. The county clerk, a member of an election board or any elector shall challenge the ballot of any person offering to vote whom the clerk, member or elector knows or suspects not to be qualified as an elector. The clerk, member or elector challenging the ballot shall make, under oath or affirmation before a county clerk or member of an election board, a written and numbered statement of challenge. The statement shall contain the name and residence address of the challenger, the name of the person challenged and a statement of the facts upon which the challenge is based. For an election conducted by mail, a person's ballot may be challenged at any time before the ballot is removed from its return envelope for processing.

SECTION 56. ORS 254.445 is amended to read:

254.445. (1) Any elector who is within the county and, because of a physical disability or an inability to read or write, is unable to mark or punch the ballot, upon request, shall receive the assistance of two [election board clerks] persons of different parties provided by the clerk or of some other person chosen by the elector in marking or punching the ballot. The persons assisting the elector shall ascertain the wishes of the elector and assist the elector in voting the ballot accordingly, and thereafter shall give no information regarding the vote. [The board chairperson may require a declaration of disability to be made by the elector under oath. Whenever an elector receives assistance in this manner, a clerk shall make a notation of it in the poll book following the name of the elector.]

(2) A person may not assist an elector under subsection (1) of this section if the person:

(a) Is an employer of the elector or an agent of the employer; or

(b) Is an officer or agent of the union of which the elector is a member.

(3) If the election is conducted at polling places:

(a) The board chairperson may require a declaration of disability to be made by the elector under oath. Whenever an elector receives assistance in this manner, a clerk shall make a notation of it in the poll book following the name of the elector.

[(3)] (b) When any elector, because of a physical disability or an inability to read or write, is unable to sign the poll book, a clerk, under supervision of the chairperson, shall enter the words "unable to sign" in the place provided for the elector's signature.

(4) In preparing the ballot, an elector may use or copy a sample ballot, which may be marked in advance to assist the elector in marking or punching the official ballot.

SECTION 57. ORS 254.470 is amended to read:

254.470. (1) An election by mail shall be conducted as provided in this section. The Secretary of State may adopt rules governing the procedures for conducting an election by mail. [The Secretary of State by rule may modify the provisions of ORS chapters 254 and 255 as necessary for the conduct of an election by mail.]

(2) When conducting an election by mail, the county clerk may designate the county clerk's office or one central location in the electoral district in which the election is conducted as the single place to obtain a replacement ballot under subsection (9) of this section. The Secretary of State by rule shall establish requirements and criteria for the designation of places of deposit for the ballots cast in the election. The places designated under this section shall be open on the date of the election for a period, determined by the county clerk, of eight or more hours, but must be open until at least 8 p.m.

(3)(a) Except as provided in paragraph (b) or (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 20th day before the date of an election conducted by mail 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) Notwithstanding paragraph (a) of this subsection, the Secretary of State by rule shall specify the date on which all ballots shall be mailed for any state election conducted by mail under ORS 254.465 (3).

(c) Notwithstanding paragraph (a) of this subsection, 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.

(4) For an election held on the date of a biennial or presidential preference 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. [The elector shall not be mailed a ballot of any other political party for that presidential preference primary election.]

(b) An elector not affiliated with any political party shall be mailed the ballot of a major political party in whose biennial or presidential preference primary election the elector wishes to vote if the elector has applied for the ballot as provided in this subsection and that party has provided under ORS 254.365 for a biennial or presidential preference primary election that admits electors not affiliated with any political party.

(c) [Except for electors described in subsection (5) of this section, and subject to ORS 247.203,] An elector not affiliated with any political party who wishes to vote in the biennial or presidential preference primary election of a major political party shall apply to the county clerk in writing. Except for electors described in subsection (5) of this section, and subject to ORS 247.203, the application must be received by the clerk not later than 5 p.m. of the 21st day before the date of the election.

(d) If the biennial or presidential preference primary election ballot includes city, county or nonpartisan offices or measures, an elector not eligible to vote for party candidates shall be mailed a ballot limited to those offices and measures for which the elector is eligible to vote.

(5) For each elector who updates a voter registration [under ORS 247.304 (2)] after the deadline in ORS 247.025, the county clerk shall make the official ballot, the return identification envelope and the secrecy envelope available [only] by mail at the county clerk's office or [other] at another place designated by the county clerk. An elector to whom this subsection applies must [vote at the election in the county clerk's office or other place designated by the county clerk] request a ballot from the county clerk. The elector shall mark the ballot, sign the return identification envelope, comply with the instructions provided with the ballot and return the ballot in the return identification envelope to the county clerk.

(6) Notwithstanding subsection (3) or (4) of this section, replacement ballots [may] need not be mailed [by nonforwardable mail not later than] after the fifth day before the date of the election [or obtained in person up until and including the date of the election from the county clerk]. A replacement ballot may be mailed or shall be made available in the office of the county clerk.

(7) The ballot or ballot label 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, upon conviction, to imprisonment or to a fine, or both.

___________________________________________________________________

(8) This subsection applies to an elector to whom subsection (3) or (4) of this section applies. Upon receipt of the ballot the elector shall mark it, 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 or any place of deposit designated by the county clerk. 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 or the designated place of deposit not later than the end of the period determined under subsection (2) of this section on the date of the election.

(9) An elector may obtain a replacement ballot if the ballot is destroyed, spoiled, lost or not received by the elector. The county clerk shall keep a record of each replacement ballot provided under this subsection.

(10) 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

(11) 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 not count any ballot cast by that elector.

[(12) Any ballot and any elector casting a ballot may be challenged pursuant to rules adopted by the Secretary of State.]

(12) At 8 p.m. on election day, electors who are at the clerk's office or a site designated under subsection (2) of this section and who are in line waiting to vote or deposit a voted ballot shall be considered to have begun the act of voting.

SECTION 58. 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 or if a counting board has been appointed [under ORS 246.310 (2)], the tally of ballots may begin before the polls close.

(3) If ballots are tallied by a counting board, after the tally has begun it shall continue until completed. A counting board shall tally without adjournment and in the presence of the clerks and persons authorized to attend. However, the board may be relieved by another board if the tally is not completed after 12 hours.

(4) A counting board shall audibly announce the tally as it proceeds. The board shall use only pen and ink to tally.

SECTION 59. ORS 254.505 is amended to read:

254.505. (1) Only official ballots shall be counted. Any vote from which it is impossible to determine the elector's choice for the office or measure shall not be counted. Any ballot that has a sticker or other device in violation of ORS 254.405 (2) shall be void and shall not be counted. [Election] Counting board clerks shall disregard misspelling or abbreviations of the names of candidates if it can be ascertained from the ballot for whom the vote was intended.

(2) When ballots are counted by counting boards, the board chairperson, using ink, immediately shall initial the back of the wholly or partially void ballot and write on it "Not counted for _____" (stating the office or measure). The election board shall seal the wholly void ballots in an envelope.

SECTION 60. ORS 254.515 is amended to read:

254.515. Ballots marked "Presidential only[,]" or "federal offices only" [or "limited"] shall be counted only for the offices or measures that the elector is entitled to vote. Votes on the ballot for other offices or measures shall not be counted.

SECTION 61. ORS 254.525 is amended to read:

254.525. [(1)] Immediately after the tally of votes:

[(a)] (1) The board chairperson shall count the regular and absentee ballots either tallied or rejected, and write the number in the poll book. The number shall be certified as correct by board members.

[(b)] (2) If all votes cast at the polling place are tallied there, the election board shall post one copy of the return sheet in a prominent location outside the polling place.

[(c)] (3) The election board shall deliver under seal to the county clerk one copy of the return sheet, the tally sheet, ballots, ballot stubs, ballot boxes and written challenge statements. The board also shall deliver the other equipment to the county clerk.

[(2) Except as provided in subsection (4) of this section, the county clerk shall keep the return sheets in the office for 90 days after the election.]

[(3) Except as provided in subsection (4) of this section, the county clerk shall destroy the ballots, ballot stubs and written challenge statements not sooner than the 90th day after the final day permitted for a contest of the election, unless otherwise ordered by the court.]

[(4) In accordance with 42 U.S.C. 1974, any ballot, voter registration records and any other materials relating to any election at which a candidate is nominated or elected to federal office shall be retained for not less than 22 months following the date of the election.]

SECTION 62. ORS 254.535 is amended to read:

254.535. (1) Except as provided in subsection (3) of this section, each poll book, tally sheet, [and] return sheet and ballot return identification envelope shall be preserved for two years after the election to which it relates.

(2) Except as provided in subsection (3) of this section, the county clerk shall destroy the ballots, ballot stubs and written challenge statements not sooner than the 90th day after the final day permitted for a contest of the election, unless otherwise ordered by the court.

(3) In accordance with 42 U.S.C. 1974, any ballot, voter registration records and any other materials relating to any election at which a candidate is nominated or elected to federal office shall be retained for not less than 22 months following the date of the election.

SECTION 63. ORS 254.545 is amended to read:

254.545. The county clerk:

(1) As soon as possible after any election, shall prepare abstracts of votes [using the tally and return sheets]. The abstract for election of Governor shall be on a sheet separate from the abstracts for other offices and measures. [One representative of each political party may attend the abstract proceedings.]

(2) On completion of the abstracts, shall record a complete summary of votes cast in the county for each office, candidate for office and measure. The county clerk shall sign and [seal] certify this record. After the biennial or presidential preference primary election, the county clerk, for each office for which the clerk is filing officer, [also] shall enter in a register of nominations the name and, if applicable, major political party of each candidate nominated, the office for which the candidate is nominated, and the date of entry.

(3) Not later than the 20th day after the election, shall deliver a copy of the abstracts for other than county offices to the appropriate elections officials. The abstract for election of Governor shall be delivered separately to the Secretary of State as provided in section 4, Article V, Oregon Constitution.

(4) Not later than the 30th day after the election, shall proclaim which county measure is paramount, if two or more approved county measures contain conflicting provisions.

(5) Shall prepare and deliver a certificate of nomination or election to each candidate having the most votes for nomination for or election to county or precinct offices.

(6) Shall prepare, and file with the county governing body, a certificate stating the compensation to which the board clerks are entitled. The county governing body shall order the compensation paid by county funds.

SECTION 64. ORS 255.095 is amended to read:

255.095. If the election is conducted at polling places:

(1) Notice of any district election shall be published once in a newspaper of general circulation in the district.

(2) Not later than the day of the election nor sooner than the 15th day before the election, the elections officer shall publish a facsimile, except as to size, of the sample ballot, a list of the polling places and the hours the polls are to be open. The information shall be published once in the newspaper in which the notice was published under subsection (1) of this section, at the current published local display advertising rate.

(3) The Secretary of State by rule may establish the procedure for preparing election notices for publication in a newspaper.

SECTION 65. ORS 255.245 is amended to read:

255.245. If a vacancy occurs in the office of district board member [within such time that a candidate for the vacancy could not be nominated under the procedures of this chapter] after the deadline for notice in ORS 255.069 (2) and on or before the 62nd day before the regular district election, the Secretary of State by rule shall provide a nominating schedule when practicable so that candidates' names may be printed on the regular election ballot. With regard to this vacancy, requirements of publication of notice and sample ballots may be waived. The rule shall require notice of the vacancy and nominating procedure to the district electors by the most reasonable and expeditious means practicable under the circumstances, including but not limited to single publication in a newspaper of general circulation in the district.

SECTION 66. ORS 258.200 is amended to read:

258.200. (1) After receiving notice from the Secretary of State that a recount is to be made, the official directed to conduct the recount shall appoint counting boards from the list of electors qualified to vote in the county in which the recount is demanded. The official shall appoint as many counting boards as may be necessary to complete the recount within the shortest practicable time after the demand is filed. No member of the counting boards shall have been a candidate for any office voted upon at the election. The members of a counting board shall not all be members of the same political party.

(2) Each member of the counting board shall be compensated at [the rate which election board clerks were paid at the election before the recount] a rate not less than the federal or state minimum wage, whichever is higher.

SECTION 67. ORS 247.028, 247.294, 247.306, 247.330 and 253.040 are repealed.

Approved by the Governor June 29, 1999

Filed in the office of Secretary of State June 30, 1999

Effective date October 23, 1999

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