Chapter 1002 Oregon Laws 1999

Session Law

AN ACT

HB 2001

Relating to elections; creating new provisions; and amending ORS 251.175, 253.065, 254.470 and 260.993.

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

SECTION 1. Sections 2 to 4 of this 1999 Act are added to and made a part of ORS chapter 254.

SECTION 2. Not sooner than the fifth day before the date of an election, in preparation for counting ballots delivered by mail, the county clerk may begin opening return identification and secrecy envelopes of ballots delivered by mail and received by the county clerk. The county clerk may take any other actions that are necessary to allow the counting of ballots delivered by mail to begin on election day.

SECTION 3. (1) For purposes of ensuring that electors do not vote more than once at the same election, for each election not conducted by mail, the county clerk shall identify electors who applied for an absentee ballot or whose applications as absent electors remain valid under ORS 253.030 (5). Electors described in this subsection shall be identified in poll books or in another manner specified by the Secretary of State by rule.

(2) If an elector offers to vote at a polling place and the elector is identified in the poll book or in another manner under subsection (1) of this section as having applied for an absentee ballot for that election or as an elector whose application as an absent elector remains valid under ORS 253.030 (5), the elector may cast a ballot but the ballot shall not be counted until the county clerk determines whether the elector has voted more than once at the same election. The Secretary of State shall adopt rules specifying procedures for the handling of ballots cast under this subsection. This subsection shall operate in each county at the discretion of the county clerk.

(3) If an elector applies for an absentee ballot after the poll book is printed, any absentee ballot cast by the elector at the election shall not be opened and counted until the county clerk determines whether the elector cast a ballot at a polling place.

SECTION 4. (1) Notwithstanding ORS 254.465 (1) and (2), at each presidential preference primary election, biennial primary election and general election, the county clerk shall maintain voting booths in the county as follows:

(a) In each county with 35,000 or more electors in the county, the county clerk shall maintain a number of voting booths equal to at least one voting booth for every 20,000 electors in the county; and

(b) In each county with fewer than 35,000 electors in the county, the county clerk shall maintain at least one voting booth.

(2) The county clerk may determine the location of the voting booths required under this section.

SECTION 5. Section 6 of this 1999 Act is added to and made a part of ORS chapter 260.

SECTION 6. It is unlawful to sell, offer to sell, purchase or offer to purchase, for money or other valuable consideration, any official ballot, replacement ballot, return identification envelope or secrecy envelope.

SECTION 7. 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.] For electors with mailing addresses outside this state, the county clerk shall deliver an absentee ballot:

(a) Not later than the 45th day before the election to each long term absent elector; and

(b) Not sooner than the 29th day before the election to each elector with a mailing address outside this state who is not a long term absent elector.

(2) For electors with mailing addresses in this state, except if requested by the elector, absentee ballots delivered by mail shall be delivered:

(a) For biennial primary elections and general elections, or any statewide special election for which a voters' pamphlet is prepared, not sooner than the date the Secretary of State first mails the voters' pamphlet under ORS 251.175; or

(b) In the case of an election for which a statewide voters' pamphlet is not required to be prepared, not sooner than the 20th day before the date of the election.

(3) 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)] (4) The clerk shall deliver with the ballot instructions for marking and returning the ballot, a return identification envelope and a secrecy envelope [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)] (5) Notwithstanding [subsection (1)] subsections (1) and (2) 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)] (6) 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)] (7) 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)] (8) 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 8. ORS 251.175 is amended to read:

251.175. Not later than the [15th] 20th day before a biennial primary election, general election or special election for which a voters' pamphlet has been prepared, the Secretary of State shall cause the voters' pamphlet to be mailed to each post-office mailing address in Oregon, and shall use any additional means of distribution necessary to make the pamphlet available to electors.

SECTION 9. ORS 260.993 is amended to read:

260.993. (1) The penalty for violation of ORS 260.532 is limited to that provided in ORS 260.532 (5) and (7).

(2) Violation of ORS 260.402, 260.555, 260.575, 260.615, 260.645, 260.665 (2) or (3) involving any action described in ORS 260.665 (2)(d) to (f) or 260.715 or section 6 of this 1999 Act is a Class C felony.

(3) Violation of ORS 260.695 (5) is a Class A misdemeanor.

SECTION 10. 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)] 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 [20th] 18th 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, 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 conducted by mail and not later than the 18th day before the date of the election.

[(b)] (c) 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).

(4) For an election held on the date of a 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 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 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 presidential preference primary election of a major political party shall apply to the county clerk in writing. 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 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), the county clerk shall make the official ballot, the return identification envelope and the secrecy envelope available only at the county clerk's office or other 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. 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 be mailed by nonforwardable mail not later than 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.

(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.

SECTION 11. If Senate Bill 1178 becomes law, section 10 of this 1999 Act (amending ORS 254.470) is repealed and ORS 254.470, as amended by section 57, chapter 410, Oregon Laws 1999 (Enrolled Senate Bill 1178), 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.

(3)(a) Except as provided in [paragraph] paragraphs (b), [or] (c) and (d) 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] 18th 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.

[(c)] (d) 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:

(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) 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 after the deadline in ORS 247.025, the county clerk shall make the official ballot, the return identification envelope and the secrecy envelope available by mail 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. 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 need not be mailed after the fifth day before the date of the election. 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:

___________________________________________________________________

(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

(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 12. The amendments to ORS 253.065 and 251.175 by sections 7 and 8 of this 1999 Act apply to any election occurring at least 71 days after the effective date of this 1999 Act.

SECTION 13. Sections 2 and 3 of this 1999 Act apply to elections held on or after January 1, 2000.

SECTION 14. Section 6 of this 1999 Act applies to activities occurring on or after the effective date of this 1999 Act.

Approved by the Governor August 20, 1999

Filed in the office of the Secretary of State August 23, 1999

Effective date October 23, 1999

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