2007–2008
Election Laws
Constitutional and
Statutory Provisions
Chapters 246 through 260 reprinted
from the Oregon Revised...
Contents
1 ORS 246
Administration of Election Laws;
Vote Recording Systems
11 ORS 247
Qualification and Registration of Ele...
TITLE 23
ELECTIONS
Chapter 246. Administration of Election Laws; Vote Recording Systems
247. Qualification and Registratio...
ELECTIONS
246.570 Sale of vote recording systems to coun-
ties; security interest
246.580 Content of vote recording system...
ELECTION LAWS; VOTE RECORDING SYSTEMS 246.025
246.010 [Repealed by 1957 c.608 §231]
246.011 [1957 c.608 §1; 1975 c.675 §1;...
246.046 ELECTIONS
bility to sign any election document, includ-
ing a voter registration card or ballot return
envelope, m...
ELECTION LAWS; VOTE RECORDING SYSTEMS 246.210
246.179 Reimbursement of county
clerk for special elections for United
State...
246.245 ELECTIONS
246.245 Notification to county clerk
when city boundary changed. If the
boundary of a city is changed, t...
ELECTION LAWS; VOTE RECORDING SYSTEMS 246.565
employ not more than three individuals who
are expert in one or more of the ...
246.570 ELECTIONS
(3) The county clerk shall keep a log of
all maintenance performed on any component
of a vote tally syst...
ELECTION LAWS; VOTE RECORDING SYSTEMS 246.910
calendar year, plus interest at a rate agreed
upon by the State Treasurer an...
ELECTIONS
Title 23 Page 10 (2007 Edition)
Chapter 247
2007 EDITION
Qualification and Registration of Electors
GENERAL PROVISIONS
247.002 Definitions
247.005 Policy
...
ELECTIONS
Title 23 Page 12 (2007 Edition)
QUALIFICATION AND REGISTRATION OF ELECTORS 247.012
GENERAL PROVISIONS
247.002 Definitions. As used in this
chapter:
(1) “C...
247.013 ELECTIONS
county clerk may supply the registrant′s date
of birth from any previous registration of the
registrant....
QUALIFICATION AND REGISTRATION OF ELECTORS 247.035
247.017 Voter registration at certain
Department of Transportation offi...
247.038 ELECTIONS
the person shall be considered to have lost
residence in this state.
(f) A person who has left the place...
QUALIFICATION AND REGISTRATION OF ELECTORS 247.181
ing false information on the registration card
and shall contain space ...
247.191 ELECTIONS
(2) When an elector registers or updates
a registration, the county clerk shall issue
the elector a new ...
QUALIFICATION AND REGISTRATION OF ELECTORS 247.296
tion, renewal or change of address form
relating to the service or assi...
247.298 ELECTIONS
(3) The registration of an elector shall
not be canceled during the 90-day period
prior to any primary o...
QUALIFICATION AND REGISTRATION OF ELECTORS 247.580
REMOVAL OF NAMES
FROM REGISTER OF ELECTORS
247.550 [1963 c.346 §2; 1977...
247.940 ELECTIONS
subsection (1) of this section by maintaining
for two years:
(a) Computer listings of electors to whom
t...
QUALIFICATION AND REGISTRATION OF ELECTORS 247.973
DISCLOSURE OF RESIDENCE
ADDRESS OR SIGNATURE
OF ELECTORS
247.965 When r...
247.973 ELECTIONS
(4) Identifying information or documents
submitted by an individual for purposes of
registering to vote ...
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  1. 1. 2007–2008 Election Laws Constitutional and Statutory Provisions Chapters 246 through 260 reprinted from the Oregon Revised Statutes
  2. 2. Contents 1 ORS 246 Administration of Election Laws; Vote Recording Systems 11 ORS 247 Qualification and Registration of Electors 25 ORS 248 Political Parties; Presidential Electors 37 ORS 249 Candidates; Recall 53 ORS 250 Initiative and Referendum 73 ORS 251 Voters’ Pamphlet 91 ORS 253 Absent Electors 99 ORS 254 Conduct of Elections 119 ORS 255 Special District Elections 153 ORS 260 Campaign Finance Regulation; Election Offenses 185 Index to Election Laws 207 Constitution of Oregon 281 Index to Constitution of Oregon
  3. 3. TITLE 23 ELECTIONS Chapter 246. Administration of Election Laws; Vote Recording Systems 247. Qualification and Registration of Electors 248. Political Parties; Presidential Electors 249. Candidates; Recall 250. Initiative and Referendum 251. Voters′ Pamphlet 253. Absent Electors 254. Conduct of Elections 255. Special District Elections 258. Election Contests; Recounts 259. Campaign Finance 260. Campaign Finance Regulation; Election Offenses Chapter 246 2007 EDITION Administration of Election Laws; Vote Recording Systems GENERAL PROVISIONS 246.012 Definitions 246.021 Time within which election documents must be received by elections officer; electronic facsimile transmissions; elec- tronic campaign finance statements 246.025 Use of signature stamp by person with disability 246.046 Secretary of State and county clerks to seek out evidence of violations SECRETARY OF STATE 246.110 Secretary of State as chief elections offi- cer 246.120 Directives, instructions and assistance to county clerks 246.140 Election law conferences for county clerks 246.150 Rules 246.160 Compilations and digests of election laws; distribution of supplies and materials to county clerks and others 246.170 Deposit of moneys received under ORS 246.160 in Secretary of State Miscellaneous Receipts Account 246.179 Reimbursement of county clerk for special elections for United States Senator or Representative and for recall elections in- volving state office 246.185 Elections Fund 246.190 Help America Vote Act complaint proce- dures; rules COUNTY CLERK 246.200 County clerk to conduct elections; excep- tions 246.210 County clerk to supervise local elections officials 246.245 Notification to county clerk when city boundary changed 246.250 Personnel; equipment, materials and fa- cilities; payment of expenses; administer- ing oaths 246.270 Office hours of county clerk on election days PRECINCTS 246.410 Establishment and modification of pre- cincts; maximum number of electors in precinct VOTE RECORDING SYSTEMS 246.520 Applicable laws; conflicting laws and or- dinances inapplicable 246.530 Adoption, purchase or procurement of equipment; use thereafter 246.540 Joint purchase, maintenance and use 246.550 Examination and approval of equipment by Secretary of State 246.560 Requirements for approval of equipment 246.565 Audit of computerized voting system by Secretary of State; copy of instructions for operation and maintenance; mainte- nance log Title 23 Page 1 (2007 Edition)
  4. 4. ELECTIONS 246.570 Sale of vote recording systems to coun- ties; security interest 246.580 Content of vote recording system sale agreement 246.590 Loans from State Treasurer for purchase of voting equipment or computers; Voting Machine Account 246.600 Deposits in Voting Machine Account; re- payment to State Treasurer COMPELLING OFFICERS, OFFICIALS TO PERFORM DUTIES 246.820 Order to compel county clerk, city elec- tions officer or elections official to comply with interpretation, rule, directive or in- struction APPEALS FROM OFFICERS, OFFICIALS 246.910 Appeal from Secretary of State, county clerk or other elections official to courts; deadline for filing Title 23 Page 2 (2007 Edition)
  5. 5. ELECTION LAWS; VOTE RECORDING SYSTEMS 246.025 246.010 [Repealed by 1957 c.608 §231] 246.011 [1957 c.608 §1; 1975 c.675 §1; repealed by 1979 c.190 §431] GENERAL PROVISIONS 246.012 Definitions. As used in this chapter: (1) “Ballot” means any material on which votes may be cast for candidates or mea- sures. (2) “County clerk” means the county clerk or the county official in charge of elections. (3) “County governing body” means the county court sitting for the transaction of county business or the board of county com- missioners. (4) “Election” means any election held within this state. (5) “Elector” means an individual quali- fied to vote under section 2, Article II, Ore- gon Constitution. (6) “Governing body” means the govern- ing body of any subdivision of the state. (7) “Local elections official” means any person who is: (a) An official of any election precinct or special district or public corporation organ- ized for public purposes; and (b) Authorized or required by law to per- form functions in connection with elections held in the election precinct or special dis- trict or public corporation organized for public purposes. (8) “Measure” includes any of the follow- ing 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 Leg- islative Assembly. (c) A revision of or amendment to the Oregon Constitution. (d) Local, special or municipal legis- lation. (e) A proposition or question. (9) “Precinct” means any election pre- cinct. (10) “Vote tally system” means one or more pieces of equipment necessary to ex- amine and tally automatically the marked ballots. (11) “Voting machine” means any device that will record every vote cast on candi- dates and measures and that will either in- ternally or externally total all votes cast on that device. [1979 c.190 §1; 1983 c.392 §2; 2005 c.731 §1; 2005 c.797 §64] 246.015 [1999 c.410 §2; repealed by 2007 c.154 §67] 246.020 [Repealed by 1957 c.608 §231] 246.021 Time within which election documents must be received by elections officer; electronic facsimile transmis- sions; electronic campaign finance state- ments. (1) Except as provided in ORS 247.012 and subsection (2) of this section, an election document and an accompanying payment of fees required to be filed with the Secretary of State, county clerk or other fil- ing officer must be delivered to and actually received at the office of the designated offi- cer not later than 5 p.m. of the day the doc- ument or fee is due or, if the day due is a Saturday, Sunday or holiday, on the next business day. (2) If, at 5 p.m. of the day an election document is due, an individual is physically present in the office of the secretary, county clerk or other filing officer and in line wait- ing to deliver the document, the individual is considered to have begun the act of deliv- ering the document and is permitted to file it. (3) Any election document required to be filed with the filing officer other than bal- lots, voter registration cards or petitions re- quiring signatures of electors may also be filed by means of an electronic facsimile transmission machine. If an election docu- ment is required to be filed by a specified time, the entire document must be received in the office of the filing officer not later than 5 p.m. of the day the document is due or, if the day due is a Saturday, Sunday or holiday, on the next business day. (4) Notwithstanding any provision of subsections (1) to (3) of this section, if a statement is required to be filed electron- ically under ORS 260.057: (a) The statement must be received elec- tronically at the office of the Secretary of State not later than 12 midnight of the day the statement is due or, if the day due is a Saturday, Sunday or holiday, on the next business day; and (b) The Secretary of State may not accept the filing of the statement in any form other than an electronic format. (5) As used in this section, “election document” includes, but is not limited to, a declaration of candidacy for nomination for public or political party office, completed nominating petitions, statements and por- traits for voters′ pamphlets, statements of election campaign contributions and expend- itures, and initiative, referendum or recall petitions. [Formerly 246.510; 1967 c.228 §1; 1979 c.190 §2; 1991 c.719 §4; 1993 c.713 §27; 1999 c.824 §9; 2005 c.809 §46; 2007 c.570 §5] 246.025 Use of signature stamp by person with disability. (1) A person with a disability who is unable because of the disa- Title 23 Page 3 (2007 Edition)
  6. 6. 246.046 ELECTIONS bility to sign any election document, includ- ing a voter registration card or ballot return envelope, may use a signature stamp or other indicator of the person′s signature, as speci- fied by the Secretary of State by rule, when- ever the signature of the person is required under any election law. (2) A person who desires to use a signa- ture stamp or other indicator of the person′s signature as described in subsection (1) of this section shall attest that the person needs to use the stamp or indicator due to a disability. The attestation shall be made at the time the person registers to vote or up- dates a registration and shall be made on a form designed and supplied by the Secretary of State. [1997 c.189 §2; 2007 c.154 §2] 246.030 [Repealed by 1957 c.608 §231] 246.035 [1965 c.527 §4; repealed by 1971 c.267 §16] 246.040 [Repealed by 1957 c.608 §231] 246.045 [1967 c.338 §§2,3; 1975 c.675 §2; 1979 c.190 §391; renumbered 260.705] 246.046 Secretary of State and county clerks to seek out evidence of violations. The Secretary of State and each county clerk shall diligently seek out any evidence of vio- lation of any election law. [Formerly 260.325] 246.050 [Repealed by 1957 c.608 §231] 246.055 [1973 c.154 §1; repealed by 1979 c.190 §431] 246.060 [Repealed by 1957 c.608 §231] 246.070 [Repealed by 1957 c.608 §231] 246.080 [Repealed by 1957 c.608 §231] 246.090 [Repealed by 1957 c.608 §231] 246.100 [Repealed by 1957 c.608 §231] SECRETARY OF STATE 246.110 Secretary of State as chief elections officer. The Secretary of State is the chief elections officer of this state, and it is the secretary′s responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws. [1957 c.608 §2; 1979 c.190 §5; 1995 c.607 §1] 246.120 Directives, instructions and assistance to county clerks. In carrying out the responsibility under ORS 246.110, the Secretary of State shall prepare and distrib- ute to each county clerk detailed and com- prehensive written directives, and shall assist, advise and instruct each county clerk, on registration of electors and election pro- cedures which are under the direction and control of the county clerk. The directives and instructions shall include relevant sam- ple forms of ballots, documents, records and other materials and supplies required by the election laws. A county clerk affected thereby shall comply with the directives or instructions. [1957 c.608 §3; 1965 c.464 §1; 1979 c.190 §6] 246.130 [1957 c.608 §4; repealed by 1979 c.190 §431] 246.140 Election law conferences for county clerks. (1) In carrying out the re- sponsibility under ORS 246.110, the Secretary of State, not later than December 31 follow- ing the date of adjournment of the regular session of the Legislative Assembly, shall or- ganize and conduct at convenient places and times in this state at least three conferences on the administration of the election laws. (2) The Secretary of State shall give written notice of the place and time of each conference to each county clerk. (3) Each county clerk or designated dep- uty shall attend at least one of the confer- ences and shall comply with the instructions given under the authority of the Secretary of State at each conference the county clerk or deputy attends. [1957 c.608 §5; 1959 c.263 §1; 1979 c.190 §7; 1983 c.567 §3; 1991 c.719 §19; 2001 c.965 §49] 246.150 Rules. The Secretary of State may adopt rules the secretary considers nec- essary to facilitate and assist in achieving and maintaining a maximum degree of cor- rectness, impartiality and efficiency in ad- ministration of the election laws. [1957 c.608 §8; 1979 c.190 §8; 1985 c.448 §1] 246.160 Compilations and digests of election laws; distribution of supplies and materials to county clerks and others. The Secretary of State shall: (1) Prepare and print, in appropriate and convenient form, periodic compilations and digests of the state election statutes. (2) Distribute in appropriate quantities to the county clerks for use by the county clerks copies of the compilations and digests and any supplies and materials necessary to the conduct of elections as the Secretary of State considers appropriate. (3) Make the compilations and digests available for distribution, free or at cost, to interested persons. [1957 c.608 §125; 1963 c.455 §1; part renumbered 246.170; 1979 c.190 §9; 1991 c.719 §46; 2007 c.154 §3] 246.170 Deposit of moneys received under ORS 246.160 in Secretary of State Miscellaneous Receipts Account. All mon- eys received by the Secretary of State under ORS 246.160 shall be deposited into the Sec- retary of State Miscellaneous Receipts Ac- count established under ORS 279A.290. All moneys received by the Secretary of State under ORS 246.160 and deposited in the ac- count are appropriated continuously to the Secretary of State for the payment of ex- penses incurred in performing the functions described in ORS 246.160. [Formerly part of 246.160; 1973 c.162 §3; 1979 c.190 §10; 1995 c.144 §7; 2003 c.794 §220] Title 23 Page 4 (2007 Edition)
  7. 7. ELECTION LAWS; VOTE RECORDING SYSTEMS 246.210 246.179 Reimbursement of county clerk for special elections for United States Senator or Representative and for recall elections involving state office. (1) Notwithstanding ORS 246.250, the Secretary of State shall reimburse each county clerk for necessary expenses of an election de- scribed in subsection (2) of this section based on a claim filed by the county clerk and ap- proved by the Secretary of State. The claim shall be made on a form designed by the Secretary of State. The Secretary of State shall make the reimbursement from funds made available to the Secretary of State by the Emergency Board. (2) The Secretary of State shall reim- burse each county clerk for necessary ex- penses of: (a) A special primary election or a spe- cial election to fill a vacancy in the election or office of United States Senator or Repre- sentative in Congress held on a date other than the date of the primary election or the general election; or (b) A recall election involving the holder of a state office. As used in this subsection, “state office” has the meaning given that term in ORS 249.002. [1983 c.567 §2; 1987 c.267 §2; 1993 c.194 §§1,2; 1995 c.712 §2] 246.180 [1973 c.283 §9; 1979 c.190 §98; renumbered 249.009] 246.185 Elections Fund. (1) The Elec- tions Fund is established separate and dis- tinct from the General Fund of the State Treasury. Moneys in the Elections Fund may be invested as provided in ORS 293.701 to 293.820. Interest earned by the Elections Fund and the earnings of any investments shall be credited to the fund. (2) The Elections Fund consists of: (a) Amounts appropriated or otherwise made available by the Legislative Assembly or this state for carrying out the activities for which payments are made to this state under the federal Help America Vote Act of 2002 (P.L. 107-252); (b) Payments made to this state under the federal Help America Vote Act of 2002 (P.L. 107-252); (c) Other amounts as may be appropri- ated by law; and (d) Interest earned on deposits in the fund. (3) Moneys deposited to the credit of the Elections Fund are continuously appropri- ated to the Secretary of State for the purpose of paying the expenses of carrying out the activities for which payments are made to this state under the federal Help America Vote Act of 2002 (P.L. 107-252). [2003 c.64 §2; 2005 c.797 §70] 246.190 Help America Vote Act com- plaint procedures; rules. (1) The Secretary of State by rule shall establish administrative complaint procedures that meet the require- ments of the federal Help America Vote Act of 2002 (P.L. 107-252). (2) Complaints alleging violations of Title III of the federal Help America Vote Act of 2002 (P.L. 107-252) must be filed as provided in rules adopted under this section. Com- plaints alleging violations of Title III of the federal Help America Vote Act of 2002 (P.L. 107-252) may not be filed under ORS 260.345. [2003 c.64 §7] COUNTY CLERK 246.200 County clerk to conduct elec- tions; exceptions. (1) Except as otherwise provided by law, the county clerk is the only elections officer who may conduct an election in this state. For purposes of this section, the conduct of an election includes, but is not limited to, establishing precincts, preparing ballots and sample ballots, and re- ceiving and processing votes. (2) Notwithstanding subsection (1) of this section: (a) The county clerk is not the only elections officer who may accept and verify a filing for nomination or filing of a petition, prepare a voters′ pamphlet or ballot title, or prepare or publish an election notice; and (b) The Secretary of State may receive ballots as provided in ORS 253.585. [1979 c.317 §1; 1983 c.350 §63a; 1987 c.535 §1; 2003 c.64 §3; 2007 c.154 §4] 246.210 County clerk to supervise local elections officials. (1) Subject to the direc- tives and instructions prepared and distrib- uted or given by the Secretary of State under ORS 246.120 or 246.140, a county clerk may exercise general supervision of administra- tion of election laws by each local elections official in the county for the purpose of achieving and maintaining a maximum de- gree of correctness, impartiality, efficiency and uniformity in the administration by local elections officials. In this regard the county clerk may assist local elections officials in answering questions concerning the proper administration of election laws. (2) If under this section two or more county clerks exercise general supervision of the same local elections official, the county clerks shall cooperate and coordinate to in- sure uniformity of general supervision. [1957 c.608 §9; 1979 c.190 §11; 1985 c.448 §2] 246.220 [1957 c.608 §10; 1979 c.190 §12; repealed by 1985 c.448 §5] 246.230 [1957 c.608 §11; 1965 c.527 §1; 1971 c.660 §1; 1975 c.675 §3; 1979 c.190 §13; repealed by 1985 c.448 §5] 246.235 [1965 c.527 §3; repealed by 1979 c.190 §431] 246.240 [1957 c.608 §12; repealed by 1965 c.527 §5] Title 23 Page 5 (2007 Edition)
  8. 8. 246.245 ELECTIONS 246.245 Notification to county clerk when city boundary changed. If the boundary of a city is changed, the city gov- erning body immediately shall send a certi- fied copy of the order, resolution or other action changing the boundary to the county clerk of each county in which the city is lo- cated. [1979 c.190 §14] 246.250 Personnel; equipment, materi- als and facilities; payment of expenses; administering oaths. (1) The county clerk may employ personnel and procure equip- ment, supplies, materials, books, papers, re- cords and facilities of every kind as the clerk considers necessary to facilitate and assist in administering the election laws. (2) The necessary expenses incurred by the county clerk in administering the election laws shall be allowed by the county governing body and paid out of the county treasury. (3) The county clerk and deputies may administer oaths and affirmations in con- nection with the performance of their func- tions in administering the election laws. [1957 c.608 §14; 1979 c.190 §15; 2007 c.154 §5] 246.260 [1957 c.608 §15; repealed by 1979 c.190 §431] 246.265 [1977 c.829 §12; repealed by 1979 c.190 §431] 246.270 Office hours of county clerk on election days. On the day of any 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 from 7 a.m. to 8 p.m. of the same day. [1957 c.608 §18; 1979 c.190 §16; 1987 c.267 §3; 1995 c.712 §3; 1999 c.410 §3; 1999 c.999 §29] 246.300 [1957 c.608 §17; repealed by 1975 c.675 §36] 246.310 [1957 c.608 §22; 1959 c.317 §1; 1963 c.37 §1; 1963 c.159 §1; 1975 c.675 §4a; 1979 c.190 §17; 1983 c.514 §2; 1985 c.471 §1; 1991 c.69 §1; 1995 c.712 §4; 2005 c.797 §53; repealed by 2007 c.154 §67] 246.320 [1957 c.608 §23; 1979 c.190 §18; 1993 c.797 §20; repealed by 2007 c.154 §67] 246.330 [1957 c.608 §24; 1973 c.588 §1; 1975 c.675 §5; 1975 c.678 §3; 1979 c.190 §19; 1979 c.519 §1a; 1995 c.607 §2; repealed by 2007 c.154 §67] 246.335 [1979 c.749 §2 (enacted in lieu of 246.340); 1991 c.719 §20; repealed by 2007 c.154 §67] 246.340 [1957 c.608 §25; 1959 c.89 §1; 1979 c.190 §20; repealed by 1979 c.749 §1 (246.335 enacted in lieu of 246.340)] 246.350 [1975 c.678 §1; repealed by 1979 c.190 §431] PRECINCTS 246.410 Establishment and modifica- tion of precincts; maximum number of electors in precinct. The county clerk, not later than the 30th day before an election, may create, combine or divide one or more precincts. The number of electors to be in- cluded in a precinct shall not exceed 5,000. The county clerk shall fix the boundaries of the precincts and designate the precincts by numbers or names. [1957 c.608 §20; 1959 c.317 §2; 1965 c.109 §1; 1973 c.662 §1; 1977 c.301 §5; 1979 c.190 §21; 1979 c.427 §2; 1985 c.528 §1; 1987 c.267 §5; 1995 c.607 §3; 1995 c.712 §5; 1999 c.410 §4; 1999 c.999 §30] 246.420 [1957 c.608 §21; 1961 c.49 §1; 1961 c.174 §1; 1975 c.675 §6; 1977 c.179 §1; 1979 c.190 §22; 1989 c.224 §36; 1993 c.503 §11; 1999 c.410 §5; repealed by 2007 c.154 §67] 246.510 [1955 c.246 §1; renumbered 246.021] VOTE RECORDING SYSTEMS 246.520 Applicable laws; conflicting laws and ordinances inapplicable. All the provisions of the election laws and of any county or city charter or ordinance not in- consistent with ORS 246.520 to 246.600 apply to elections where voting machines or vote tally systems are used. Any provision of law or of any county or city charter or ordinance which conflicts with the use of voting ma- chines or vote tally systems as provided in ORS 246.520 to 246.600 does not apply to elections in which voting machines or vote tally systems are used. [Formerly 258.025] 246.530 Adoption, purchase or pro- curement of equipment; use thereafter. A governing body may adopt, purchase or otherwise procure, and provide for the use of, any voting machine or vote tally system approved by the Secretary of State in all or a portion of the precincts. Thereafter the voting machine or vote tally system may be used for voting at all elections for public and party offices and on all measures, and for receiving, registering and counting the votes in the precincts as the governing body di- rects. [Formerly 258.045] 246.540 Joint purchase, maintenance and use. (1) In purchasing voting machines or vote tally systems, a governing body of any county and the governing bodies of any incorporated cities, districts or other munic- ipalities in the county, may provide for the joint purchase and subsequent ownership of voting machines or vote tally systems and for the care, maintenance and use of the ma- chines or systems. (2) The governing body of two or more counties may provide for the joint use of voting machines or vote tally systems. [Formerly 258.105] 246.550 Examination and approval of equipment by Secretary of State. (1) The Secretary of State shall publicly examine all makes of voting machines or vote tally sys- tems submitted to the secretary and deter- mine whether the machines or systems comply with the requirements of ORS 246.560, and can safely be used by electors. (2) Any person owning or interested in a voting machine or vote tally system may submit it to the secretary for examination. For the purpose of assistance in examining the machine or system the secretary may Title 23 Page 6 (2007 Edition)
  9. 9. ELECTION LAWS; VOTE RECORDING SYSTEMS 246.565 employ not more than three individuals who are expert in one or more of the fields of data processing, mechanical engineering and public administration. The compensation of these assistants shall be paid by the person submitting the machine or system. (3) Not later than the 30th day after completing the examination, the secretary shall approve or reject the voting machine or vote tally system. If the secretary ap- proves the machine or system, the secretary shall make a report on the machine or sys- tem, together with a written or printed de- scription, drawings and photographs clearly identifying the machine or system and its operation. Upon request, the secretary shall send a copy of the report to any governing body within the state. (4) Any voting machine or vote tally sys- tem approved by the secretary may be used for conducting elections. A machine or sys- tem rejected by the secretary may not be used at any election. If a machine or system is changed after the machine or system has been approved by the secretary, the secretary is not required to reexamine or reapprove the machine or system if the secretary de- termines that the change does not impair the accuracy, efficiency or capacity of the ma- chine or system. (5) If, after consulting with county clerks, the secretary determines that a vot- ing machine or vote tally system approved by the secretary does not comply with the requirements of ORS 246.560, the secretary may revoke the approval. If the secretary re- vokes approval, the machine or system may not be used in any election. [Formerly 258.155; 2005 c.731 §2; 2005 c.797 §65] 246.560 Requirements for approval of equipment. (1) A voting machine may not be approved by the Secretary of State unless the voting machine is constructed so that it: (a) Secures to the elector secrecy of vot- ing. (b) Provides facilities for voting for the candidates of as many political parties or or- ganizations as may make nominations and for or against as many measures as may be submitted. (c) Permits the elector to vote for any person and as many persons for an office and upon any measure for which the elector has the right to vote. (d) Permits the elector, except at a pri- mary election, to vote for all the candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties. (e) Correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure. (f) Provides that a vote for more than one candidate cannot be cast by one single oper- ation of the voting machine or vote tally system except for President and Vice Presi- dent and electors for those offices. (g) Provides that straight party pointers shall be disconnected from all candidate pointers. (h) Contains a device that will duplicate the votes cast by each elector onto a paper record copy. (i) Contains a device that will allow each elector to view the elector′s paper record copy while preventing the elector from di- rectly handling the paper record copy. (2) A vote tally system shall be: (a) Capable of correctly counting votes on ballots on which the proper number of votes have been marked for any office or measure that has been voted. (b) Capable of ignoring the votes marked for any office or measure if more than the allowable number of votes have been marked, but shall correctly count the properly voted portions of the ballot. (c) Capable of accumulating a count of the specific number of ballots tallied for a precinct, accumulating total votes by candi- date for each office, and accumulating total votes for and against each measure of the ballots tallied for a precinct. (d) Capable of tallying votes from ballots of different political parties, from the same precinct, in a primary election. (e) Capable of accommodating the proce- dure established under ORS 254.155. (f) Capable of automatically producing precinct totals in either printed, marked, or punched form, or combinations thereof. [Formerly 258.165; 1987 c.267 §6; 1993 c.713 §47; 1995 c.712 §6; 1999 c.999 §31; 2005 c.731 §3; 2005 c.797 §66] 246.565 Audit of computerized voting system by Secretary of State; copy of in- structions for operation and mainte- nance; maintenance log. (1) Any voting machine or vote tally system involving the use of computers, a computer network, com- puter program, computer software or com- puter system shall be subject to audit by the Secretary of State at any time for the pur- pose of checking the accuracy of the voting machine or vote tally system. (2) The county clerk shall obtain a copy of the written instructions for the operation and maintenance of any component of a vote tally system described in subsection (1) of this section. The clerk shall obtain the copy from the manufacturer or vendor of any component and shall retain the copy. Title 23 Page 7 (2007 Edition)
  10. 10. 246.570 ELECTIONS (3) The county clerk shall keep a log of all maintenance performed on any component of a vote tally system after the component is purchased and installed. The county clerk shall distinguish maintenance performed during the period that occurs after the pre- paratory test conducted under ORS 254.235 (1) and before the public certification test conducted under ORS 254.525. (4) As used in this section: (a) “Computer” means, but is not limited to, an electronic device that performs logical, arithmetic or memory functions by the ma- nipulations of electronic or magnetic im- pulses and includes all input, output, processing, storage, software or communica- tion facilities that are connected or related to such a device in a system or network. (b) “Computer network” means, but is not limited to, the interconnection of com- munication lines, including microwave or other means of electronic communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers. (c) “Computer program” means, but is not limited to, a series of instructions or statements, in a form acceptable to a com- puter, that permits the functioning of a com- puter system in a manner designed to provide appropriate products from the computer sys- tem. (d) “Computer software” means, but is not limited to, computer programs, proce- dures and associated documentation con- cerned with the operation of a computer system. (e) “Computer system” means, but is not limited to, a set of related, connected or un- connected computer equipment, devices and software. [1989 c.959 §2; 2001 c.965 §25; 2007 c.71 §77] 246.570 Sale of vote recording systems to counties; security interest. (1) The Sec- retary of State may enter into an agreement, for a term of not more than five years, with any county within the state for the sale to the county of approved voting machines or vote tally systems or computers or computer systems described in ORS 246.590. The agreement shall include a provision creating a security interest for the Secretary of State in the voting machines or vote tally systems or computers or computer systems. The se- curity interest shall not be released until the sale is completed and the terms of the sale agreement are satisfied. (2) The Secretary of State on having en- tered into an agreement with a county may purchase the necessary voting machines or vote tally systems or computers or computer systems using money made available under the provisions of ORS 246.590. [Formerly 258.405; 1995 c.144 §15] 246.580 Content of vote recording sys- tem sale agreement. The sale agreement shall provide for: (1) Annual payments of not less than 20 percent of the cost of the voting machines or vote tally systems or computers or com- puter systems, plus interest, payable on or before December 15. (2) Payment by the county of mainte- nance, supplies, storage and transportation costs of the voting machines or vote tally systems or computers or computer systems. [Formerly 258.415; 1985 c.808 §1; 1995 c.144 §16] 246.590 Loans from State Treasurer for purchase of voting equipment or computers; Voting Machine Account. (1) The State Treasurer, in the capacity of in- vestment officer for the Oregon Investment Council, may lend moneys in the investment funds as provided in ORS 293.701 to 293.820 for the acquisition of: (a) The voting machines or vote tally systems that the Secretary of State has con- tracted to sell to a county. (b) Computers or computer systems for the purpose of maintaining and updating elector registration files or for establishing cross-county elector registration files, in- cluding those that the Secretary of State has contracted to sell to a county. (2) The Voting Machine Account is es- tablished in the General Fund. The account consists of moneys lent to the Secretary of State under this section and payments col- lected from counties under ORS 246.600. Moneys in the account are continuously ap- propriated to the secretary for: (a) The purchase of voting machines or vote tally systems or computers or computer systems described in subsection (1) of this section; and (b) Repayment of moneys lent under this section, plus interest. (3) Moneys lent under this section shall be repaid within five years together with in- terest at a rate agreed upon by the State Treasurer and the Secretary of State. [Formerly 258.425; 1993 c.713 §62; 1995 c.144 §17; 2005 c.755 §6] 246.600 Deposits in Voting Machine Account; repayment to State Treasurer. All payments collected from the counties from the sale of voting machines, computers or vote tally or computer systems shall be deposited in the Voting Machine Account. An amount of money equal to the amount of payments collected from the counties from the sale of voting machines, computers or vote tally or computer systems during the Title 23 Page 8 (2007 Edition)
  11. 11. ELECTION LAWS; VOTE RECORDING SYSTEMS 246.910 calendar year, plus interest at a rate agreed upon by the State Treasurer and the Secre- tary of State, shall be paid to the State Treasurer as the repayment of money ad- vanced for the acquisition of voting ma- chines, computers or vote tally or computer systems. Payment shall be made to the State Treasurer not later than December 31 of each year. [Formerly 258.435; 1995 c.144 §18] 246.610 [Formerly 258.445; 1995 c.144 §19; repealed by 2005 c.755 §59] 246.810 [1957 c.608 §6; 1979 c.190 §35; repealed by 1985 c.448 §5] COMPELLING OFFICERS, OFFICIALS TO PERFORM DUTIES 246.820 Order to compel county clerk, city elections officer or elections official to comply with interpretation, rule, di- rective or instruction. (1) Whenever it ap- pears to the Secretary of State that a county clerk, city elections officer or a local elec- tions official has failed to comply with an interpretation of any election law made by the Secretary of State under ORS 246.110 or has failed to comply with a rule, directive or instruction made by the Secretary of State under ORS 246.120, 246.140 or 246.150, the Secretary of State may apply to the appro- priate circuit court for an order to compel the county clerk, city elections officer or lo- cal elections official to comply. (2) The court shall dispose of the matter under subsection (1) of this section as soon as possible, but in any case not later than the fifth day after the Secretary of State ap- plies for an order. (3) The remedy provided in this section is cumulative and does not exclude any other remedy against a county clerk, city elections officer or local elections official who fails to comply with an interpretation of any election law or the rule, directive or instruction. [1957 c.608 §7; 1979 c.190 §36; 1985 c.448 §3; 1995 c.607 §9] 246.830 [1957 c.608 §13; 1979 c.190 §37; repealed by 1985 c.448 §5] APPEALS FROM OFFICERS, OFFICIALS 246.910 Appeal from Secretary of State, county clerk or other elections of- ficial to courts; deadline for filing. (1) A person adversely affected by any act or fail- ure to act by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, or by any order, rule, directive or instruction made by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, may appeal there- from to the circuit court for the county in which the act or failure to act occurred or in which the order, rule, directive or in- struction was made. (2) An appeal described in subsection (1) of this section of an order of the Secretary of State approving or disapproving a state initiative petition for circulation for the pur- pose of obtaining signatures of electors must be filed within 60 days following the date the order is served. (3) Any party to the appeal proceedings in the circuit court under subsection (1) of this section may appeal from the decision of the circuit court to the Court of Appeals. (4) The circuit courts and Court of Ap- peals, in their discretion, may give preced- ence on their dockets to appeals under this section as the circumstances may require. (5) The remedy provided in this section is cumulative and does not exclude any other remedy against any act or failure to act by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law or against any order, rule, directive or instruc- tion made by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law. [1957 c.608 §19; 1975 c.227 §2; 1979 c.190 §38; 1983 c.514 §3; 1995 c.607 §10; 2005 c.797 §26] 246.990 [Repealed by 1957 c.608 §231] 246.991 [1967 c.338 §4; 1975 c.675 §7; repealed by 1979 c.190 §431] Title 23 Page 9 (2007 Edition)
  12. 12. ELECTIONS Title 23 Page 10 (2007 Edition)
  13. 13. Chapter 247 2007 EDITION Qualification and Registration of Electors GENERAL PROVISIONS 247.002 Definitions 247.005 Policy 247.007 When ballot considered legally cast; when vote counted; prohibition on voting more than once in same election REGISTRATION 247.009 Qualification to vote in political subdivi- sion 247.012 Method of registering or updating a reg- istration; when registration occurs; mini- mum registration information required; effect of missing registration information; registration locations 247.013 Where person considered registered; change of residence address between counties; registration updates; when reg- istration considered active or inactive 247.014 Transfer of voter registration information by Department of Transportation 247.015 Other registration procedures 247.016 Registration of person who is 17 years of age 247.017 Voter registration at certain Department of Transportation offices; rules 247.025 Registration deadline 247.035 Rules to consider in determining resi- dence of person for voting purposes 247.038 Registration of person who is homeless or resides in identifiable location 247.125 Alteration of registration card prohibited; exceptions 247.171 State and federal voter registration cards; Secretary of State approval of voter reg- istration application forms of voter regis- tration agencies; content of voter registration cards 247.174 Determining if person qualified to register or update registration; hearing 247.176 Request for delivery of registration card; rules 247.178 Distribution of registration cards 247.181 Memorandum card 247.191 Correction of registration and memoran- dum cards when precinct boundaries changed 247.195 Inquiry into validity of registration; hear- ing; cancellation 247.203 Change, termination or adoption of party affiliation before primary election 247.208 Voter registration agencies; designation; prohibited activities; required services UPDATING REGISTRATION 247.290 Registration update requirement; proce- dure; exceptions 247.292 Update of registration of elector changing residence within county; procedure 247.296 Verification of addresses of electors; up- date of registration; notice; cancellation prohibited during certain periods 247.298 Extension of time for automatic updates under ORS 247.292 247.302 Effective date of registration automat- ically updated by county clerk 247.303 Deadline for updating registration 247.307 Issuance of ballot to elector who updates registration after registration deadline ELIGIBILITY IN PRESIDENTIAL ELECTIONS 247.410 Eligibility to vote for President or Vice President, or electors, only 247.420 Special ballot for voting under ORS 247.410 247.435 Eligibility of elector who moves to an- other state to vote in presidential elec- tions REMOVAL OF NAMES FROM REGISTER OF ELECTORS 247.555 Cancellation of registration 247.563 Notice to elector whose registration ap- pears invalid; contents; effect of notice; exceptions 247.570 Notice of deaths to Secretary of State and county clerk; effect of notice 247.580 County clerk to retain notices or elector listings for two years LISTS OF ELECTORS 247.940 List of active electors; delivery without charge to political parties 247.945 List of county or statewide electors; de- livery to any person; charges 247.955 Use of lists of electors for commercial purposes prohibited; exceptions DISCLOSURE OF RESIDENCE ADDRESS OR SIGNATURE OF ELECTORS 247.965 When residence address of elector exempt from disclosure as public record; request for exemption 247.967 Conditions where disclosure of elector′s residence address required; procedure; ex- ception 247.969 Definition of “personal safety” for pur- poses of ORS 247.965; rules 247.973 Status of signature on voter registration card as public record; copies of signature prohibited; voter registration documents or information exempt from disclosure Title 23 Page 11 (2007 Edition)
  14. 14. ELECTIONS Title 23 Page 12 (2007 Edition)
  15. 15. QUALIFICATION AND REGISTRATION OF ELECTORS 247.012 GENERAL PROVISIONS 247.002 Definitions. As used in this chapter: (1) “County clerk” means the county clerk or the county official in charge of elections. (2) “Elector” means an individual quali- fied to vote under section 2, Article II, Ore- gon Constitution. (3) “Registration card” means a state voter registration card approved by the Sec- retary of State under ORS 247.171, a federal voter registration application form prescribed by the Federal Election Commission pursu- ant to the National Voter Registration Act of 1993 (P.L. 103-31) or the voter registration portion of an application described in ORS 247.017. [1979 c.190 §39; 1993 c.713 §1] 247.005 Policy. It is the policy of this state that all election laws and procedures shall be established and construed to assist the elector in the exercise of the right of franchise. [1969 c.337 §3; 1979 c.190 §40] 247.007 When ballot considered legally cast; when vote counted; prohibition on voting more than once in same election. (1) A ballot shall be considered legally cast if the person casting the ballot is an elector at the time the ballot is cast. (2) A vote for a particular candidate or on a measure shall be counted if the elector is qualified to vote for the particular candi- date or on the measure. (3) If an elector has voted in any election, the elector may not register or up- date a registration and vote in any election held on the same date. [1989 c.175 §2; 1993 c.713 §2] 247.008 [1979 c.559 §2; 1983 c.567 §4; repealed by 1987 c.719 §17 and 1987 c.733 §13] REGISTRATION 247.009 Qualification to vote in poli- tical subdivision. Unless specifically pro- vided otherwise, a person may vote in an election of a political subdivision of this state only if the person is an elector regis- tered in the political subdivision. [1983 c.83 §2] 247.010 [Repealed by 1957 c.608 §231] 247.011 [1957 c.608 §28; 1959 c.277 §1; 1975 c.678 §4; repealed by 1977 c.168 §6] 247.012 Method of registering or up- dating a registration; when registration occurs; minimum registration informa- tion required; effect of missing registra- tion information; registration locations. (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 de- scribed in ORS 247.208; (b) Personally delivering the card to an official designated by a county clerk under subsection (7) of this section; or (c) Completing the voter registration portion of the application for issuance or re- newal of a driver license, issuance of a state identification card under ORS 807.400 or a change of address at an office of the Depart- ment of Transportation under ORS 247.017. (2) If a registration card is mailed or de- livered 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 re- sides not later than the fifth day after re- ceiving the card. (3) Registration of a qualified person oc- curs: (a) When a legible, accurate and com- plete registration card is received in the of- fice of any county clerk, the Office of the Secretary of State, an office of the Depart- ment of Transportation, a designated voter registration agency under ORS 247.208 or at a location designated by a county clerk un- der subsection (7) of this section; (b) On the date a registration card is postmarked if the card is received after the 21st day immediately preceding an election but is postmarked not later than the 21st day immediately preceding the election; or (c) In the case of a registration card missing a date of birth, containing an in- complete date of birth or containing an un- intentional scrivener′s error that is supplied or corrected as described in subsection (4) or (6) of this section, on the date that registra- tion would have occurred if the registration card had not been missing the date of birth, contained an incomplete date of birth or contained the scrivener′s error. (4) If a registration card is legible, accu- rate and contains, at a minimum, the regis- trant′s name, residence address, date of birth and signature, the county clerk shall register the person. If this information is missing from the registration card or the date of birth is incomplete, the county clerk shall attempt to contact the person to obtain the missing or incomplete information. The Title 23 Page 13 (2007 Edition)
  16. 16. 247.013 ELECTIONS county clerk may supply the registrant′s date of birth from any previous registration of the registrant. (5) If a registration card meets the re- quirements 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 up- dating a registration within the same county. (6) If a registration card contains an un- intentional scrivener′s error, the county clerk may attempt to contact the person to correct the error. (7) A county clerk may appoint officials to accept registration of persons at desig- nated locations. The appointments and lo- cations 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. (8) A registration card received and ac- cepted under this section shall be considered an active registration. (9) A registration may be updated at any time. [1979 c.190 §41; 1985 c.808 §1a; 1989 c.20 §1; 1989 c.173 §5; 1989 c.979 §2; 1993 c.713 §6; 1995 c.742 §1; 1999 c.410 §6; 1999 c.824 §1] 247.013 Where person considered reg- istered; change of residence address be- tween counties; registration updates; when registration considered active or inactive. (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 ad- dress 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 elec- tor is located. (3) If there is a change in any informa- tion 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 resi- dence address from the county in which the elector is registered to a different county within the state, the elector need not regis- ter again if the registration of the elector is updated. (5) If the county clerk does not have evi- dence of a change in any information re- quired for registration under this chapter for an elector, the registration of the elector shall be considered active. (6) The registration of an elector shall be considered inactive if: (a) The county clerk has received evi- dence that there has been a change in the information required for registration under this chapter or the elector has neither voted nor updated the registration for a period of not less than five years; and (b) The county clerk has mailed the no- tice described in ORS 247.563. (7) The registration of an elector shall not be moved to an inactive file during the 60-day period prior to any election because the elector has neither voted nor updated the registration for a period of not less than five years. (8) The inactive registration of an elector must be updated before the elector may vote in an election. [1993 c.713 §8; 1999 c.410 §7; 1999 c.824 §2; 2001 c.965 §44] 247.014 Transfer of voter registration information by Department of Transpor- tation. In implementing ORS 247.012, 247.017 and 247.171, the Department of Transporta- tion shall take steps reasonably necessary to allow transfer of voter registration informa- tion by electronic or magnetic medium. [1991 c.940 §4] 247.015 Other registration procedures. (1) A qualified person absent from the state may register by mailing to the county clerk for the county in which the person resides a completed registration card or a signed statement containing the information re- quired on a registration card. (2) On written request from a qualified person who by physical incapacity cannot register in the office of the county clerk, the county clerk of the county in which the per- son resides shall send the person a registra- tion card or register the person at the person′s residence. (3) An otherwise qualified person who will become a United States citizen after the 21st calendar day immediately preceding an election may register before the 20th day be- fore the election. The county clerk of the county in which the person resides shall cancel the person′s registration before the election unless the person appears before the county clerk and provides evidence of citi- zenship. [1979 c.190 §42; 1979 c.507 §1a; 1989 c.20 §2; 1995 c.742 §18; 2001 c.965 §1; 2007 c.555 §3] 247.016 Registration of person who is 17 years of age. (1) Subject to subsection (2) of this section, an otherwise qualified person who is at least 17 years of age may register to vote. (2) A person who registers to vote under subsection (1) of this section may not vote in an election until the person attains the age of 18 years. [2007 c.555 §2] Title 23 Page 14 (2007 Edition)
  17. 17. QUALIFICATION AND REGISTRATION OF ELECTORS 247.035 247.017 Voter registration at certain Department of Transportation offices; rules. (1) The Department of Transportation shall make a voter registration card avail- able to any person at any office of the de- partment where licenses or renewal applications are distributed or received. (2) When a person who is at least 17 years of age applies for issuance or renewal of an Oregon driver license, as defined in ORS 801.245, or issuance of a state identifi- cation card under ORS 807.400 or submits a change of address application form at a de- partment office where driver license issuance or renewal applications, state identification card applications or change of address appli- cations are distributed or received, depart- ment personnel shall inform the person that the person may register to vote at the de- partment office. Department personnel shall ask the applicant whether the applicant is registered to vote at the applicant′s current address and if not, whether the applicant would like to register to vote at the depart- ment office. (3) Each office shall deliver in a timely manner the completed voter registration cards to the county clerk or elections officer of the county in which the office is located. The county clerk or elections officer of the county where the office is located shall for- ward the registration card to the county clerk or elections officer of the county in which the applicant resides. The county clerk or elections officer may reject any reg- istration card in accordance with ORS 247.174. The Secretary of State shall deter- mine by rule the time and manner the com- pleted registration cards are to be delivered to the appropriate county clerk or elections officer. (4) The department shall develop a driver license issuance or renewal and voter regis- tration application procedure and a state identification card issuance and voter regis- tration application procedure and a change of address and voter registration application procedure that allows an applicant for a li- cense, renewal, state identification card or change of address to register to vote by pro- viding the information required by ORS 247.171 and the information required for the issuance or renewal of a license or for issu- ance of a state identification card. The Sec- retary of State shall approve the voter registration portion of each application pro- cedure and change of address procedure. (5) The voter registration portion of an application described in subsection (4) of this section shall comply with provisions of the National Voter Registration Act of 1993 (P.L. 103-31). (6) The Secretary of State shall adopt rules establishing procedures for meeting the requirements of subsection (3) of this section. (7) Information relating to the failure of an applicant under this section to sign the voter registration portion of an application for issuance or renewal of a driver license, issuance of a state identification card or for a change of address may not be used for other than voter registration purposes. [Formerly 802.090; 1995 c.742 §2; 2007 c.555 §4] 247.020 [Amended by 1955 c.695 §1; repealed by 1957 c.608 §231] 247.025 Registration deadline. To vote in an election: (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 of- fice 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 (2) A person′s registration card must be postmarked not later than the 21st day im- mediately preceding the election. [1979 c.190 §43; 1985 c.833 §1; 1987 c.719 §9; 1987 c.733 §1; 1993 c.713 §7; 1999 c.410 §8] 247.028 [1979 c.190 §44; 1981 c.173 §11; repealed by 1999 c.410 §67] 247.030 [Amended by 1955 c.695 §2; repealed by 1957 c.608 §231] 247.031 [1957 c.608 §29; 1975 c.678 §5; 1977 c.168 §2; repealed by 1979 c.190 §431] 247.035 Rules to consider in determin- ing residence of person for voting pur- poses. (1) An elections official, in determining the residence and qualifications of a person offering to register or vote, shall consider the following rules, so far as they may be applicable: (a) The person′s residence shall be the place in which habitation is fixed and to which, when the person is absent, the person intends to return. (b) If a person′s property is split by a ju- risdictional line, the person shall be regis- tered where the residence is located. If the residence is split by a jurisdictional line, the person shall register where the greatest value of the residence is located according to county assessment and taxation records. (c) A person shall not be considered to have gained a residence in any location in this state into which the person comes for temporary purposes only, without the inten- tion of making it the person′s home. (d) If a person moves to another state with the intention of making a permanent home, the person shall be considered to have lost residence in this state. (e) If a person goes from this state into any other state or territory and votes there, Title 23 Page 15 (2007 Edition)
  18. 18. 247.038 ELECTIONS the person shall be considered to have lost residence in this state. (f) A person who has left the place of the person′s residence for a temporary purpose only shall not be considered to have lost residence. (2) Notwithstanding subsection (1) of this section, a person who has left the place of the person′s residence for a temporary pur- pose only, who has not established another residence for voter registration purposes and who does not have a place in which habitation is fixed shall not be considered to have changed or lost residence. The person may register at the address of the place the person′s residence was located before the person left. (3) An elections official may consider, but is not limited to considering, the following factors in determining residency of a person for voter registration purposes: (a) Where the person receives personal mail; (b) Where the person is licensed to drive; (c) Where the person registers motor ve- hicles for personal use; (d) Where any immediate family members of the person reside; (e) The address from which the person pays for utility services; and (f) The address from which the person files any federal or state income tax returns. [Formerly 250.410; 1995 c.214 §1] 247.038 Registration of person who is homeless or resides in identifiable lo- cation. (1) A qualified person who is home- less or resides in a shelter, park, motor home, marina or other identifiable location may not be denied the opportunity to register to vote. (2) For purposes of this chapter: (a) The residence address of a person who is homeless or resides in a shelter, park, motor home, marina or other identifiable lo- cation may be any place within the county describing the physical location of the per- son; and (b) The mailing address of a person who is homeless or resides in a shelter, park, motor home, marina or other identifiable lo- cation may be the office of the county clerk. [1993 c.493 §104; 2007 c.553 §1] 247.040 [Repealed by 1957 c.608 §231] 247.045 [1975 c.678 §7; 1977 c.163 §4; 1979 c.507 §1b; 1979 c.519 §2; renumbered 247.178] 247.050 [Repealed by 1957 c.608 §231] 247.060 [Repealed by 1957 c.608 §231] 247.070 [1957 c.608 §30; 1973 c.827 §24; 1975 c.678 §8; 1977 c.829 §3; repealed by 1979 c.190 §431] 247.080 [Repealed by 1957 c.608 §231] 247.090 [Repealed by 1957 c.608 §231] 247.100 [Repealed by 1977 c.508 §15] 247.110 [Repealed by 1957 c.608 §231] 247.111 [1957 c.608 §33; 1959 c.274 §1; 1971 c.621 §30; 1975 c.678 §10; 1977 c.168 §3; repealed by 1979 c.190 §431] 247.120 [Amended by 1955 c.695 §3; repealed by 1957 c.608 §231] 247.121 [1957 c.608 §34; 1971 c.241 §1; 1973 c.841 §1; 1975 c.678 §11; 1977 c.352 §1; 1979 c.190 §46; 1979 c.519 §4a; 1985 c.833 §2; 1987 c.719 §10; 1987 c.733 §2; 1993 c.713 §9; repealed by 1995 c.742 §20] 247.125 Alteration of registration card prohibited; exceptions. No person shall al- ter any information supplied on a registra- tion card except: (1) An elections officer in the perform- ance of official duties. (2) The person who fills out the registra- tion card for the purpose of registering to vote. [1985 c.808 §6] 247.130 [Repealed by 1957 c.608 §231] 247.131 [1957 c.608 §35; repealed by 1971 c.241 §10] 247.140 [Repealed by 1957 c.608 §231] 247.141 [1957 c.608 §37; 1979 c.190 §48; renumbered 247.174] 247.145 [1965 c.174 §3; 1969 c.337 §1; 1975 c.678 §13; 1977 c.829 §4; repealed by 1979 c.190 §431] 247.150 [Repealed by 1957 c.608 §231] 247.151 [1957 c.608 §31; 1961 c.65 §1; repealed by 1965 c.174 §1] 247.155 [1965 c.174 §4; repealed by 1977 c.829 §23] 247.160 [Repealed by 1957 c.608 §231] 247.161 [1957 c.608 §32; repealed by 1965 c.174 §1] 247.165 [1965 c.174 §§5,6,7; 1975 c.678 §15; 1977 c.352 §2; repealed by 1979 c.190 §431] 247.170 [Repealed by 1957 c.608 §231] 247.171 State and federal voter regis- tration cards; Secretary of State approval of voter registration application forms of voter registration agencies; content of voter registration cards. (1) Except as pro- vided in this subsection, the Secretary of State shall design, prepare and distribute state voter registration cards. The Secretary of State shall also distribute federal registra- tion cards. Any person may apply in writing to the Secretary of State for permission to print, copy or otherwise prepare and distrib- ute the registration cards designed by the Secretary of State. The secretary may revoke any permission granted under this subsection at any time. All registration cards shall be distributed to the public without charge. (2) The Secretary of State shall approve any voter registration application form de- veloped for use by the Department of Trans- portation under ORS 247.017 or by any other agency designated a voter registration agency under ORS 247.208. (3) Each voter registration card designed or approved by the Secretary of State shall describe the penalties for knowingly supply- Title 23 Page 16 (2007 Edition)
  19. 19. QUALIFICATION AND REGISTRATION OF ELECTORS 247.181 ing false information on the registration card and shall contain space for a person to pro- vide the following information: (a) Full name; (b) Residence address, mailing address or any other information necessary to locate the residence of the person offering to regis- ter to vote; (c) The name of the political party with which the person is affiliated, if any; (d) Date of birth; (e) An indication that the person is a citizen of the United States; and (f) A signature attesting to the fact that the person is qualified to be an elector. (4) Any form containing a voter registra- tion card may also include space for a person to provide: (a) A telephone number where the person may be contacted; and (b) If previously registered to vote in this state, the name then supplied by the person and the county and, if known, the address of previous registration. (5) A person shall not supply any infor- mation under subsection (3) or (4) of this section knowing it to be false. (6) A county clerk or other person ac- cepting registration cards shall not request any information unless it is authorized by state or federal law. (7) A person shall attest to the informa- tion supplied on the voter registration card by signing the completed registration card. (8) Any completed and signed registration card described in subsection (3) of this sec- tion shall be the official registration card of the elector. [1957 c.608 §36; 1965 c.464 §2; 1971 c.241 §5; 1975 c.678 §16; 1977 c.168 §4; 1979 c.190 §47; 1985 c.808 §4; 1985 c.833 §3; 1987 c.320 §150; 1987 c.719 §11; 1987 c.733 §3; 1989 c.20 §3; 1989 c.173 §1; 1989 c.979 §5; 1993 c.713 §10; 1995 c.742 §3] 247.174 Determining if person qualified to register or update registration; hear- ing. (1) The qualifications of any person who requests to be registered or to update a reg- istration shall be determined in the first in- stance by the county clerk or official designated by the county clerk to register persons as electors from the evidence pres- ent. (2) The county clerk or official desig- nated by the county clerk to register persons as electors may reject any registration or update of a registration if the clerk or offi- cial determines that the person is not quali- fied or that the registration card is illegible, inaccurate or incomplete. The clerk or offi- cial shall promptly notify the person of the rejection. (3) A person whose registration or update to a registration is rejected may apply to the county clerk not later than the 10th day af- ter the rejection for a hearing on the per- son′s qualifications to register or update the registration. Not later than the 10th day af- ter the date the county clerk receives the application, the clerk shall notify the appli- cant of the place and time of the hearing on the qualifications. The hearing shall be held not sooner than the second nor later than the 20th day after notice is given. At the hearing the applicant may present evidence of qualification. If the county clerk, upon the conclusion of the hearing, determines that the applicant is qualified, the county clerk shall register or update the registration of the applicant. [Formerly 247.141; 1983 c.83 §28; 1985 c.471 §2; 1985 c.833 §4; 1987 c.719 §12; 1987 c.733 §4; 1993 c.713 §11] 247.176 Request for delivery of regis- tration card; rules. (1) During the period extending from the 250th day before the pri- mary election to the date of the primary election and the period extending from the day after the primary election to the 250th day before the next primary election: (a) Any person may request delivery from the Secretary of State of not more than an aggregate total of 5,000 registration cards prepared under ORS 247.171; and (b) Upon receiving a request under this subsection, the Secretary of State shall de- liver to the person the number of registra- tion cards requested that does not exceed an aggregate total of 5,000. (2) The Secretary of State shall adopt rules describing when the Secretary of State will honor requests for delivery of more than 5,000 registration cards prepared under ORS 247.171. [1989 c.173 §7; 1995 c.712 §7] 247.178 Distribution of registration cards. Any person may distribute a registra- tion card in any reasonable manner that fa- cilitates elector registration, including but not limited to distribution of the card door to door. The card shall be available at any field office of the Department of Transporta- tion where applications for driver licenses or vehicle registrations are accepted and at any office of an agency designated a voter regis- tration agency under ORS 247.208. [Formerly 247.045; 1993 c.713 §12; 1993 c.741 §20] 247.180 [Repealed by 1957 c.608 §231] 247.181 Memorandum card. (1) The county clerk shall prepare and issue by non- forwardable mail to each elector a memoran- dum card of convenient size containing the name and residence address of the elector, the name or number of the precinct in which the elector resides and a brief statement of the circumstances under which the elector is required to register or update a registration. Title 23 Page 17 (2007 Edition)
  20. 20. 247.191 ELECTIONS (2) When an elector registers or updates a registration, the county clerk shall issue the elector a new memorandum card by non- forwardable mail. (3) If an elector loses a memorandum card the elector may apply to the county clerk for a new card, and the county clerk shall issue the elector a new card by nonfor- wardable mail. [1957 c.608 §38; 1977 c.508 §1; 1979 c.190 §50; 1979 c.519 §6a; 1981 c.173 §12; 1993 c.713 §13; 1995 c.742 §4] 247.190 [Repealed by 1957 c.608 §231] 247.191 Correction of registration and memorandum cards when precinct boundaries changed. When changes in the boundaries of a precinct are made, the county clerk may alter the registration card of an elector to conform with the change, and shall issue by nonforwardable mail a written notice of the change and a new memorandum card to the elector. This re- quirement does not apply to a change of pre- cincts for special district or special elections. [1957 c.608 §39; 1975 c.675 §8; 1979 c.190 §51; 1979 c.519 §7a; 1985 c.808 §5; 1995 c.742 §5] 247.195 Inquiry into validity of regis- tration; hearing; cancellation. (1) The county clerk, at any time, may inquire into the validity of the registration of any elector. The county clerk shall mail a written state- ment to the elector that describes the nature of the inquiry and provides a suitable form for reply. (2) Not later than the 20th day after the date of mailing of the statement, the elector, in writing, may state that the information on the registration card is correct or may re- quest a change in the information on the card. Upon receipt of the statement or re- quest, the county clerk shall determine whether the information satisfies the inquiry. If the county clerk determines that the in- quiry has not been satisfied, the county clerk shall schedule a hearing and shall notify the elector of the place and time of the hearing. The hearing shall be held not sooner than the second nor later than the 20th day after notice is given. At the hearing, the elector may present evidence of qualification. If the county clerk, upon the conclusion of the hearing, determines that the elector′s regis- tration is not valid, the county clerk shall cancel the registration. [1981 c.173 §16; 1985 c.471 §3; 1989 c.503 §3; 1993 c.713 §14] 247.200 [Repealed by 1957 c.608 §231] 247.201 [1957 c.608 §45; 1971 c.241 §6; 1975 c.678 §17; 1977 c.168 §5; 1979 c.190 §53; 1983 c.514 §4; 1985 c.808 §7; repealed by 1987 c.719 §17 and 1987 c.733 §13] 247.203 Change, termination or adop- tion of party affiliation before primary election. An elector who updates a registra- tion during the period extending from the 20th day before a primary election to the date of the primary election may not, during that period: (1) Change the elector′s political party affiliation if the elector′s immediate past registration record shows the elector was or is registered as affiliated with a political party. (2) Terminate affiliation with a political party if the elector′s immediate past regis- tration record shows the elector was or is registered as affiliated with a political party. (3) Adopt a political party affiliation if the elector′s immediate past registration shows that the elector was not or is not registered as affiliated with a political party. [1987 c.719 §§5,22; 1989 c.965 §§1,2; 1993 c.713 §15; 1995 c.712 §8; 1995 c.755 §1; 1999 c.999 §32] 247.205 [1993 c.713 §34; renumbered 254.408 in 1995] 247.208 Voter registration agencies; designation; prohibited activities; re- quired services. (1) The Secretary of State by rule, in accordance with the requirements of the National Voter Registration Act of 1993 (P.L. 103-31), shall designate agencies as voter registration agencies. Agencies des- ignated may include state, county, city or district offices and federal and nongovern- mental offices with the agreement of the federal or nongovernmental offices. (2) Services required by the National Voter Registration Act of 1993 (P.L. 103-31) shall be made available in connection with any registration card at each voter registra- tion agency designated by the Secretary of State. (3) A person providing services referred to in subsection (2) of this section at a voter registration agency shall not: (a) Seek to influence the political prefer- ence or party registration of a person regis- tering to vote; (b) In accordance with provisions of the Oregon Constitution, display such political preference or party allegiance; (c) Make any statement to a person reg- istering to vote or take any action the pur- pose or effect of which is to discourage a person from registering to vote; (d) Make any statement to a person reg- istering to vote or take any action the pur- pose or effect of which is to lead the person to believe that a decision to register or not to register has any bearing on the availabil- ity of services or benefits; or (e) Seek to induce any person to register or vote in any particular manner. (4) Each state agency required to be des- ignated a voter registration agency under the National Voter Registration Act of 1993 (P.L. 103-31) shall, with each application for ser- vice or assistance and with each recertifica- Title 23 Page 18 (2007 Edition)
  21. 21. QUALIFICATION AND REGISTRATION OF ELECTORS 247.296 tion, renewal or change of address form relating to the service or assistance: (a) Distribute a registration card, includ- ing all statements required under the Na- tional Voter Registration Act of 1993 (P.L. 103-31); and (b) Provide a form including other infor- mation required by the National Voter Reg- istration Act of 1993 (P.L. 103-31). (5) Information relating to a declination to register to vote in connection with an ap- plication made at an office described in sub- section (4) of this section shall not be used for any purpose other than voter registra- tion. (6) A completed registration card ac- cepted at a voter registration agency desig- nated under this section shall be delivered to a county clerk or the Secretary of State. [1993 c.713 §5] 247.210 [Repealed by 1957 c.608 §231] 247.211 [1957 c.608 §27; repealed by 1971 c.241 §10] 247.220 [Repealed by 1961 c.412 §5] 247.230 [Repealed by 1961 c.412 §5] 247.240 [Repealed by 1961 c.412 §5] 247.250 [1955 c.552 §1; repealed by 1957 c.608 §231] 247.251 [1957 c.608 §40; repealed by 1963 c.595 §1 (247.610, 247.620, 247.630 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251)] 247.260 [1955 c.552 §2; repealed by 1957 c.608 §231] 247.261 [1957 c.608 §41; repealed by 1979 c.190 §431] 247.270 [1955 c.552 §3; repealed by 1957 c.608 §231] 247.280 [1957 c.608 §42; 1979 c.190 §62; renumbered 247.590] 247.282 [1971 c.30 §2; repealed by 1973 c.125 §1 and by 1973 c.827 §83] 247.284 [1971 c.30 §§4,6; repealed by 1973 c.125 §1 and by 1973 c.827 §83] 247.286 [1971 c.30 §§5,7; repealed by 1973 c.125 §1 and by 1973 c.827 §83] 247.288 [1971 c.30 §3; repealed by 1973 c.125 §1 and by 1973 c.827 §83] UPDATING REGISTRATION 247.290 Registration update require- ment; procedure; exceptions. (1) An elec- tor 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; (c) The mailing address of the elector is changed, except as provided in subsection (3) of this section; or (d) The name of the elector is changed, except as provided in ORS 254.411. (2) A registration may be updated by an elector in the same manner as an original registration or by the county clerk as pro- vided in this chapter. (3) An elector need not update a regis- tration if: (a) The United States Postal Service or a city or county changes the residence or mailing address of the elector and the resi- dence 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 or 247.296. [1957 c.608 §43; 1961 c.115 §1; 1965 c.583 §1; 1971 c.241 §2; 1975 c.678 §18; 1979 c.190 §52; 1981 c.173 §13; 1985 c.471 §4; 1987 c.733 §5; 1989 c.20 §4; 1993 c.493 §1; 1993 c.713 §§16,16a; 1995 c.742 §6; 1999 c.318 §1; 1999 c.410 §12; 2007 c.154 §6] 247.292 Update of registration of elec- tor changing residence within county; procedure. (1)(a) A county clerk shall up- date the registration of an elector in the county upon receiving written evidence from: (A) The elector indicating a residence or mailing address that is different from the residence or mailing address for the elector as contained in the records of the county clerk; or (B) The United States Postal Service in- dicating a residence address that is different from the residence address for the elector as contained in the records of the county clerk. (b) This subsection applies only if the new residence address is located in the same county as the residence address for the elec- tor as contained in the records of the county clerk. (2) When a county clerk updates the reg- istration of an elector under subsection (1) of this section, the clerk shall send a new precinct memorandum card by nonforward- able mail to the elector as provided in ORS 247.181. The clerk shall include a notice stating that if the residence address or mail- ing address is not correct, the elector must notify the clerk. (3) An elector is not disqualified from voting due to any error relating to an update of registration made under this section. [1993 c.713 §17a; 2007 c.881 §6] 247.294 [1993 c.713 §17c; repealed by 1999 c.410 §67] 247.296 Verification of addresses of electors; update of registration; notice; cancellation prohibited during certain pe- riods. (1) The county clerk shall use records of the United States Postal Service relating to ballots issued by mail to verify the accu- racy of addresses of electors contained in the registration file of the county clerk. (2) Based on information obtained under subsection (1) of this section, the county clerk shall automatically update the regis- tration of an elector under ORS 247.292 or mail a notice described in ORS 247.563. Title 23 Page 19 (2007 Edition)
  22. 22. 247.298 ELECTIONS (3) The registration of an elector shall not be canceled during the 90-day period prior to any primary or general election based on information obtained under this section. [1993 c.713 §17d; 1995 c.742 §15; 1999 c.59 §63; 1999 c.318 §2; 1999 c.999 §32a] 247.298 Extension of time for auto- matic updates under ORS 247.292. 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 after the next succeeding election. [1993 c.713 §17e; 1999 c.410 §13] 247.300 [1957 c.608 §44; 1961 c.115 §2; repealed by 1975 c.678 §25] 247.302 Effective date of registration automatically updated by county clerk. The effective date of a voter registration up- dated under ORS 247.292 or 247.296 is the date that the county clerk changes the ad- dress information on the voter registration file. [1993 c.713 §17f; 1999 c.410 §14] 247.303 Deadline for updating regis- tration. Notwithstanding ORS 247.025, an elector whose registration is active or inac- tive may update the registration at any time before 8 p.m. on the day of the election. [1999 c.410 §10] 247.304 [1993 c.713 §18; 1995 c.712 §9; 1995 c.742 §16; 1999 c.410 §15; repealed by 2007 c.154 §67] 247.306 [1993 c.713 §20; repealed by 1999 c.410 §67] 247.307 Issuance of ballot to elector who updates registration after registra- tion deadline. (1) If the county clerk re- ceives 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; or (b) The county clerk shall issue a re- placement ballot upon request from the elec- tor if the elector′s registration was active prior to updating. (2) Ballots issued under this section need not be mailed to electors after the fifth day before the date of the election and may be obtained by the elector in person from the county clerk up until and including the date of the election. [1999 c.410 §11; 2007 c.154 §7] 247.310 [1961 c.62 §2; 1967 c.25 §1; 1971 c.241 §3; re- pealed by 1979 c.190 §431 and 1979 c.519 §38] 247.320 [1987 c.733 §9; 1989 c.20 §5; repealed by 1993 c.713 §43] 247.330 [1987 c.733 §10; 1989 c.20 §6; 1993 c.713 §21; 1995 c.607 §11; 1995 c.742 §7; repealed by 1999 c.410 §67] 247.340 [1987 c.733 §11; 1993 c.713 §22; repealed by 1995 c.742 §20] ELIGIBILITY IN PRESIDENTIAL ELECTIONS 247.410 Eligibility to vote for President or Vice President, or electors, only. A person who is qualified to register, except that the person will have resided in this state less than 20 days before the election, may vote in the election for candidates for nomination or election for President or Vice President of the United States or elector of President and Vice President of the United States if the person: (1) Did not vote for the nomination of such candidates in another state during the six months immediately preceding the per- son′s request for registration to vote for the nomination of such candidates in the primary election in this state; or (2) Did not vote for the election of such candidates in another state during the six months immediately preceding the person′s request for registration to vote for the election of such candidates in the general election in this state. [1961 c.114 §2; 1973 c.150 §1; 1979 c.190 §54; 1979 c.519 §9a; 1987 c.267 §7; 1995 c.712 §10; 1999 c.999 §33] 247.420 Special ballot for voting under ORS 247.410. (1) A county clerk shall give a ballot marked “Presidential only” to any person eligible under ORS 247.410 who per- sonally appears in the office of the county clerk, completes a registration card and ver- ifies eligibility to vote under ORS 247.410. (2) No person shall supply any informa- tion under subsection (1) of this section, knowing it to be false. [1961 c.114 §3; 1969 c.153 §1; 1975 c.678 §19; 1979 c.190 §55; 1999 c.410 §16] 247.430 [1961 c.114 §4; 1971 c.241 §7; repealed by 1979 c.190 §431] 247.435 Eligibility of elector who moves to another state to vote in presi- dential elections. An elector of this state who moves to another state after the 31st day before a 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 res- idence, may vote for these offices in the pri- mary or general election in this state. The ballot for a person voting under this section shall be marked “Presidential only.” [Formerly 253.300; 1987 c.267 §8; 1995 c.712 §11; 1999 c.410 §17; 1999 c.999 §34] 247.440 [1961 c.114 §5; 1971 c.241 §8; 1975 c.678 §20; repealed by 1979 c.190 §431] 247.450 [1961 c.114 §6; repealed by 1979 c.190 §431] 247.460 [1961 c.114 §7; repealed by 1979 c.190 §431] 247.470 [1961 c.114 §8; 1975 c.678 §21; repealed by 1979 c.190 §431] 247.510 [1957 c.608 §46; renumbered 247.910] 247.520 [1957 c.608 §47; 1961 c.48 §1; renumbered 247.920] Title 23 Page 20 (2007 Edition)
  23. 23. QUALIFICATION AND REGISTRATION OF ELECTORS 247.580 REMOVAL OF NAMES FROM REGISTER OF ELECTORS 247.550 [1963 c.346 §2; 1977 c.508 §2; 1979 c.190 §57; 1985 c.808 §8; 1991 c.107 §1; 1993 c.713 §23; 1999 c.410 §18; repealed by 2007 c.154 §67] 247.555 Cancellation of registration. (1) A county clerk may cancel the registration of an elector: (a) At the request of the elector; (b) Upon the death of the elector; (c) If the county clerk receives written evidence that the elector has registered to vote in another county in this state or in another state; or (d) If the elector has not responded to a notice described in ORS 247.563 and has not voted or updated a registration during the period beginning on the date the notice is sent and ending on the day after the date of the second regular general election that oc- curs after the date the notice was sent. (2) If the registration of an elector is canceled, the elector, in order to vote in an election, must register as provided in this chapter. [1993 c.713 §24] 247.560 [1963 c.346 §3; 1965 c.583 §2; 1971 c.241 §4; 1977 c.508 §3; 1979 c.190 §58; 1979 c.519 §10a; 1981 c.173 §14; 1985 c.471 §5; repealed by 1993 c.713 §43] 247.563 Notice to elector whose regis- tration appears invalid; contents; effect of notice; exceptions. (1) Except as pro- vided 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 (c) The elector′s registration will be can- celed if the elector neither votes nor updates the registration 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 regis- tration 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 or another county clerk indicat- ing a change of residence or mailing address or from the United States Postal Service in- dicating a change of residence address and the registration of the elector is automat- ically updated by the county clerk under any provision of this chapter. [1993 c.713 §25; 1999 c.410 §19; 2001 c.965 §45; 2007 c.881 §7] 247.565 [Formerly 247.600; 1981 c.173 §17; 1987 c.719 §§15,16; 1989 c.503 §4; 1993 c.493 §2; repealed by 1993 c.713 §43] 247.567 [1989 c.979 §4; 1993 c.741 §21; repealed by 1993 c.713 §43] 247.570 Notice of deaths to Secretary of State and county clerk; effect of no- tice. (1) Not later than five business days after receiving a certificate of death under ORS 432.307, a county registrar designated under ORS 432.035 shall furnish to the county clerk of that county the name, age, date of birth and residence address of the person for whom the registrar has received the certificate of death. If the person was registered to vote in the county, the county clerk immediately shall cancel the registra- tion of the person. (2) Not later than five business days after receiving information from the county regis- trar under subsection (1) of this section, the county clerk shall furnish the information to the Secretary of State. The Secretary of State shall furnish a copy of the appropriate names received under this subsection to each county clerk. Each county clerk immediately shall cancel the registrations of those per- sons. (3) The Department of Human Services, during the last week of each month, shall furnish to the Secretary of State a list of the name, age, date of birth, county of residence and residence address of each resident of this state who has died during the preceding month and for whom a certificate of death was not filed with a county registrar. The Secretary of State shall furnish a copy of the appropriate names to each county clerk. Each county clerk immediately shall cancel registrations of those persons. [1963 c.346 §4; 1979 c.190 §60; 2003 c.596 §1] 247.575 [1975 c.766 §2; repealed by 1979 c.190 §431] 247.580 County clerk to retain notices or elector listings for two years. (1) Copies of all notices and other correspondence is- sued under ORS 247.195, 247.292, 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 Title 23 Page 21 (2007 Edition)
  24. 24. 247.940 ELECTIONS subsection (1) of this section by maintaining for two years: (a) Computer listings of electors to whom the clerk issued notices or any other corre- spondence under ORS 247.195, 247.292, 247.296, 247.563 and 247.570 and facsimile copies of notices and correspondence; or (b) Microfilm records of the listings and copies. [1963 c.346 §5; 1975 c.766 §3; 1979 c.190 §61; 1981 c.173 §18; 1985 c.808 §8b; 1993 c.713 §26; 1999 c.410 §20] 247.585 [1989 c.173 §4; repealed by 1993 c.713 §43] 247.590 [Formerly 247.280; 1985 c.808 §8c; repealed by 1993 c.713 §43] 247.595 [1985 c.808 §8a; repealed by 1993 c.713 §43] 247.600 [1975 c.766 §1; 1977 c.829 §5; 1979 c.190 §59; 1979 c.519 §11a; renumbered 247.565] 247.610 [1963 c.595 §2 (247.610, 247.620, 247.630 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251); repealed by 1975 c.766 §29] 247.620 [1963 c.595 §3 (247.610, 247.620, 247.630 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251); 1967 c.64 §1; repealed by 1975 c.766 §29] 247.625 [1967 c.64 §§3,4,5,6; repealed by 1975 c.766 §29] 247.630 [1963 c.595 §4 (247.610, 247.620, 247.630 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251); repealed by 1967 c.64 §7] 247.640 [1963 c.595 §7 (247.610, 247.620, 247.630 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251); repealed by 1967 c.64 §7] 247.650 [1963 c.595 §8 (247.610, 247.620, 247.630 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251); repealed by 1975 c.766 §29] 247.905 [1969 c.421 §2; repealed by 1979 c.190 §431] 247.910 [Formerly 247.510; 1971 c.241 §9; 1975 c.678 §22; repealed by 1979 c.190 §431] 247.915 [1969 c.421 §§3,4,6; 1971 c.32 §1; 1975 c.779 §3; repealed by 1979 c.190 §431] 247.920 [Formerly 247.520; repealed by 1969 c.421 §11] 247.925 [1969 c.421 §5; 1971 c.32 §2; repealed by 1979 c.190 §431] 247.935 [1969 c.421 §7; repealed by 1979 c.190 §431] LISTS OF ELECTORS 247.940 List of active electors; delivery without charge to political parties. (1) Not later than the 21st day before any primary election, general election or special congres- sional election, a major political party quali- fied under ORS 248.006 or its affiliate within the county or a minor political party quali- fied under ORS 248.008 may request from the county clerk a list of active electors, as de- scribed in ORS 247.013, of the county. Except as provided in this section, the list shall contain the name, party affiliation, residence or mailing address and precinct name or number of each active elector and shall be arranged in groups by election precinct. The list may not contain any information about participants in the Address Confidentiality Program established under ORS 192.820 to 192.868. A major political party or its affil- iate within the county or a minor political party may make no more than two separate requests under this subsection. (2) If the county clerk receives a request under subsection (1) of this section, the clerk shall deliver the list not later than: (a) Ten days after receiving the request; or (b) The date requested, provided that the date requested is more than 10 days after the request was made and at least 10 days before the date of any primary election, general election or special congressional election. (3) The county clerk may not charge for preparation or delivery of the list supplied under this section. [1979 c.190 §63; 1979 c.519 §13a; 1989 c.637 §1; 1991 c.107 §2; 1993 c.797 §21; 1995 c.712 §12; 1995 c.742 §8; 1999 c.999 §35; 2007 c.542 §16] 247.945 List of county or statewide electors; delivery to any person; charges. (1) The county clerk, upon request before the 45th day before a primary, general or special election, shall deliver to any person a list of electors. The list may not contain any infor- mation about participants in the Address Confidentiality Program established under ORS 192.820 to 192.868. The lists shall be prepared in the manner requested, limited only to the capabilities of the Secretary of State or the county clerk. (2) The county clerk shall collect and pay into the county treasury a charge for the actual cost of supplying lists under subsec- tion (1) of this section. (3) The county clerk shall keep a record of all persons to whom a list of electors is delivered under this section. (4) Upon request, the Secretary of State shall deliver to any person a statewide list of electors. The secretary shall charge a fee of $500 for delivering a list under this sub- section. The list may not contain any infor- mation about participants in the Address Confidentiality Program established under ORS 192.820 to 192.868. [1969 c.421 §§8,9; 1979 c.190 §64; 1989 c.637 §2; 1995 c.712 §13; 1999 c.999 §36; 2007 c.542 §17; 2007 c.570 §7a] 247.955 Use of lists of electors for commercial purposes prohibited; excep- tions. (1) Except as provided in subsection (2) of this section, no person to whom a list of electors is made available or supplied un- der ORS 247.940 or 247.945 shall use any in- formation in the list for commercial purposes. (2) A person shall not be considered to use for commercial purposes any information contained in a list of electors made available or supplied under ORS 247.940 or 247.945 if the person obtains the list of electors for the purposes of resale to candidates or political committees for political purposes only. [1969 c.421 §10; 1979 c.190 §65; 1989 c.637 §3] Title 23 Page 22 (2007 Edition)
  25. 25. QUALIFICATION AND REGISTRATION OF ELECTORS 247.973 DISCLOSURE OF RESIDENCE ADDRESS OR SIGNATURE OF ELECTORS 247.965 When residence address of elector exempt from disclosure as public record; request for exemption. (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 resi- dence address of an elector exempt from dis- closure 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) The county clerk shall automatically mail a ballot to an elector whose residence address is exempt from disclosure under this section. (4) An exemption from disclosure granted under this section shall remain in effect until the elector requests termination of the ex- emption 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. (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 resi- dence address granted an exemption from disclosure under this section. [1993 c.616 §2; 1995 c.742 §9; 1999 c.410 §21] 247.967 Conditions where disclosure of elector′s residence address required; pro- cedure; exception. Notwithstanding any provision of ORS 192.410 to 192.505: (1) Except as provided in subsection (3) of this section, the county clerk may disclose the residence address of an elector exempt from public disclosure under ORS 247.965 if the county clerk receives a court order or a request from any law enforcement agency to disclose the address. (2) A petition may be filed with the cir- cuit court of the county in which the admin- istrative offices of the county clerk are located requesting disclosure of the residence address of any elector exempt from disclo- sure under ORS 247.965. The petitioner shall have the burden of showing the disclosure would not constitute an unreasonable inva- sion of privacy. (3) The county clerk may not disclose the actual address, as defined in ORS 192.820, of an Address Confidentiality Program partic- ipant under ORS 192.820 to 192.868. [1993 c.616 §3; 2007 c.542 §13] 247.969 Definition of “personal safety” for purposes of ORS 247.965; rules. (1) The Secretary of State by rule shall define when the “personal safety” of an elector and the safety of any family member residing with the elector is in danger under ORS 247.965. Under the definitions, the elector′s personal safety or the safety of any family member residing with the elector shall be considered in danger if the elector provides evidence that the elector or any family member resid- ing with the elector has: (a) Been a victim of domestic violence; (b) Obtained orders issued under ORS 133.055; (c) Contacted a law enforcement officer involving domestic violence or other physical abuse; (d) Obtained a temporary restraining or other no contact order to protect the person from future physical harm; or (e) Filed other criminal or civil legal proceedings regarding physical protection. (2) A rule adopted by the Secretary of State under subsection (1) of this section may list other examples of evidence that the elector′s personal safety or the safety of any family member residing with the elector is in danger. The other examples shall be similar in nature to the evidence described in sub- section (1) of this section. [1993 c.616 §7] 247.971 [1993 c.787 §7; repealed by 1995 c.607 §91] 247.973 Status of signature on voter registration card as public record; copies of signature prohibited; voter registra- tion documents or information exempt from disclosure. (1) Subject to subsection (2) of this section, an individual′s signature submitted under this chapter for purposes of registering to vote is subject to inspection as a public record under ORS 192.410 to 192.505. The signature may be inspected in the office of the county clerk. (2) A person may not make a copy of or provide to another person a copy of an indi- vidual′s signature submitted under this chapter for purposes of registering to vote. (3) Subsection (2) of this section does not apply to copies made by any elections official acting in an official capacity for purposes of administering the provisions of ORS chapters 246 to 260 or any rules adopted thereunder. Title 23 Page 23 (2007 Edition)
  26. 26. 247.973 ELECTIONS (4) Identifying information or documents submitted by an individual for purposes of registering to vote as required under the Help America Vote Act of 2002 (P.L. 107-252) are exempt from disclosure under ORS 192.410 to 192.505. (5) Identifying information relating to a disability of an elector that is entered into official voter registration records by an elec- tions official is exempt from disclosure under ORS 192.410 to 192.505. [1999 c.824 §4; 2003 c.803 §15; 2007 c.156 §1] 247.990 [Amended by 1955 c.695 §4; repealed by 1957 c.608 §231] 247.991 [1957 c.608 §48; 1961 c.114 §9; 1975 c.678 §23; 1979 c.190 §66; 1985 c.808 §9; 1985 c.833 §5; 1987 c.719 §13; 1987 c.733 §6; 1995 c.742 §10; repealed by 1999 c.318 §55] Title 23 Page 24 (2007 Edition)

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