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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 23 ELECTIONS
Chapter : Chapter 247 Qualification and Registration of Electors
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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 qualified to vote under section
2, Article II, Oregon Constitution.
(3) “Registration card” means a state voter registration card
approved by the Secretary of State under ORS 247.171, a federal voter
registration application form prescribed by the Federal Election
Commission pursuant 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] 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](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 candidate
or on the measure.
(3) If an elector has voted in any election, the elector may not
register or update a registration and vote in any election held on the
same date. [1989 c.175 §2; 1993 c.713 §2]REGISTRATION Unless
specifically provided otherwise, a person may vote in an election of a
political subdivision of this state only if the person is an elector
registered in the political subdivision. [1983 c.83 §2](1) A qualified
person may register to vote or update a registration to vote by:
(a) Delivering by mail or otherwise a completed registration card
to any county clerk, the Secretary of State, any office of the Department
of Transportation or any designated voter registration agency as
described in ORS 247.208;
(b) Personally delivering the card to an official designated by a
county clerk under subsection (7) of this section; or
(c) Completing the voter registration portion of the application
for issuance or renewal of a driver license, issuance of a state
identification card under ORS 807.400 or a change of address at an office
of the Department of Transportation under ORS 247.017.
(2) If a registration card is mailed or delivered to:
(a) Any person other than a county clerk or the Secretary of State,
the person shall forward the card to a county clerk or the Secretary of
State not later than the fifth day after receiving the card; or
(b) The Secretary of State or a county clerk for a county other
than the county in which the person applying for registration resides,
the Secretary of State or county clerk shall forward the card to the
county clerk for the county in which the person resides not later than
the fifth day after receiving the card.
(3) Registration of a qualified person occurs:
(a) When a legible, accurate and complete registration card is
received in the office of any county clerk, the Office of the Secretary
of State, an office of the Department of Transportation, a designated
voter registration agency under ORS 247.208 or at a location designated
by a county clerk under subsection (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 incomplete date of birth or containing an unintentional
scrivener’s error that is supplied or corrected as described in
subsection (4) or (6) of this section, on the date that registration
would have occurred if the registration card had not been missing the
date of birth, contained an incomplete date of birth or contained the
scrivener’s error.
(4) If a registration card is legible, accurate and contains, at a
minimum, the registrant’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 county clerk may supply
the registrant’s date of birth from any previous registration of the
registrant.
(5) If a registration card meets the requirements of subsection (4)
of this section but is missing an indication of political party
affiliation, the registrant shall be considered not affiliated with any
political party. This subsection does not apply if an elector is updating
a registration within the same county.
(6) If a registration card contains an unintentional scrivener’s
error, the county clerk may attempt to contact the person to correct the
error.
(7) A county clerk may appoint officials to accept registration of
persons at designated locations. The appointments and locations shall be
in writing and filed in the office of the county clerk. The county clerk
shall be responsible for the performance of duties by those appointed.
(8) A registration card received and accepted 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](1) A qualified person shall be considered
registered to vote in a county when the person’s first registration in
the county occurs as described in ORS 247.012.
(2) An elector who changes residence address from the county in
which the elector is registered to a different county within the state,
in order to vote in an election, must be an elector registered in the
county in which the new residence address of the elector is located.
(3) If there is a change in any information required for
registration under this chapter, and the elector has not changed
residence address to another county, the registration of the elector may
be updated as provided in this chapter.
(4) Notwithstanding subsections (2) and (3) of this section, if an
elector changes residence address from the county in which the elector is
registered to a different county within the state, the elector need not
register again if the registration of the elector is updated.
(5) If the county clerk does not have evidence of a change in any
information required for registration under this chapter for an elector,
the registration of the elector shall be considered active.
(6) The registration of an elector shall be considered inactive if:
(a) The county clerk has received evidence 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 notice 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]In implementing ORS 247.012, 247.017 and 247.171, the
Department of Transportation shall take steps reasonably necessary to
allow transfer of voter registration information by electronic or
magnetic medium. [1991 c.940 §4] (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 required on a registration
card.
(2) An otherwise qualified person who will attain the age of 18
years on or before the date of the election may register after the 60th
day before the election.
(3) 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 person resides shall send the person a
registration card or register the person at the person’s residence.
(4) 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 before 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 citizenship. [1979 c.190 §42; 1979 c.507 §1a; 1989
c.20 §2; 1995 c.742 §18; 2001 c.965 §1](1) A voter registration card shall be available to any
person at any office of the Department of Transportation where licenses
or renewal applications are distributed or received.
(2) When a person who is at least 18 years of age applies for
issuance or renewal of an Oregon driver license, as defined in ORS
801.245, or issuance of a state identification card under ORS 807.400 or
submits a change of address application form at a department office where
driver license issuance or renewal applications, state identification
card applications or change of address applications are distributed or
received, the person shall be informed that the person may register to
vote at the department office. The applicant shall be asked whether the
applicant is registered to vote at the applicant’s current address and if
not, whether the applicant would like to register to vote at the
department office.
(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 forward the
registration card to the county clerk or elections officer of the county
in which the applicant resides. The county clerk or elections officer may
reject any registration card in accordance with ORS 247.174. The
Secretary of State shall determine by rule the time and manner the
completed registration cards are to be delivered to the appropriate
county clerk or elections officer.
(4) The department shall develop a driver license issuance or
renewal and voter registration application procedure and a state
identification card issuance and voter registration application procedure
and a change of address and voter registration application procedure that
allows an applicant for a license, renewal, state identification card or
change of address to register to vote by providing the information
required by ORS 247.171 and the information required for the issuance or
renewal of a license or for issuance of a state identification card. The
Secretary of State shall approve the voter registration portion of each
application procedure 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 shall not be used for
other than voter registration purposes. [Formerly 802.090; 1995 c.742 §2] 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 office or
location closes for business on the 21st day immediately preceding the
election, but in no case later than midnight of the 21st day immediately
preceding the election; or
(2) A person’s registration card must be postmarked not later than
the 21st day immediately 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](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 jurisdictional line, the
person shall be registered 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 intention 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, 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 purpose
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 vehicles 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] (1) A qualified person
who is homeless shall not be denied the opportunity to register to vote.
(2) For purposes of this chapter:
(a) The residence address of a homeless person shall be any place
within the county describing the physical location of the person; and
(b) The mailing address of a homeless person may be the office of
the county clerk. [1993 c.493 §104] No
person shall alter any information supplied on a registration card except:
(1) An elections officer in the performance of official duties.
(2) The person who fills out the registration card for the purpose
of registering to vote. [1985 c.808 §6](1) Except as
provided in this subsection, the Secretary of State shall design, prepare
and distribute state voter registration cards. The Secretary of State
shall also distribute federal registration cards. Any person may apply in
writing to the Secretary of State for permission to print, copy or
otherwise prepare and distribute the registration cards designed by the
Secretary of State. The secretary may revoke any permission granted under
this subsection at any time. All registration cards shall be distributed
to the public without charge.
(2) The Secretary of State shall approve any voter registration
application form developed for use by the Department of Transportation
under ORS 247.017 or by any other agency designated a voter registration
agency under ORS 247.208.
(3) Each voter registration card designed or approved by the
Secretary of State shall describe the penalties for knowingly supplying
false information on the registration card and shall contain space for a
person to provide the following information:
(a) Full name;
(b) Residence address, mailing address or any other information
necessary to locate the residence of the person offering to register to
vote;
(c) The name of the political party with which the person is
affiliated, if any;
(d) Date of birth;
(e) An indication that the person is a citizen of the United
States; and
(f) A signature attesting to the fact that the person is qualified
to be an elector.
(4) Any form containing a voter registration card may also include
space for a person to provide:
(a) A telephone number where the person may be contacted; and
(b) If previously registered to vote in this state, the name then
supplied by the person and the county and, if known, the address of
previous registration.
(5) A person shall not supply any information under subsection (3)
or (4) of this section knowing it to be false.
(6) A county clerk or other person accepting registration cards
shall not request any information unless it is authorized by state or
federal law.
(7) A person shall attest to the information 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 section 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](1) The qualifications of any person who requests to
be registered or to update a registration shall be determined in the
first instance by the county clerk or official designated by the county
clerk to register persons as electors from the evidence present.
(2) The county clerk or official designated by the county clerk to
register persons as electors may reject any registration or update of a
registration if the clerk or official determines that the person is not
qualified or that the registration card is illegible, inaccurate or
incomplete. The clerk or official 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 after
the rejection for a hearing on the person’s qualifications to register or
update the registration. Not later than the 10th day after the date the
county clerk receives the application, the clerk shall notify the
applicant 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] (1)
During the period extending from the 250th day before the primary
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 deliver to the person the number of registration 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] Any person may
distribute a registration card in any reasonable manner that facilitates
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 Transportation where applications for driver licenses or
vehicle registrations are accepted and at any office of an agency
designated a voter registration agency under ORS 247.208. [Formerly
247.045; 1993 c.713 §12; 1993 c.741 §20] (1) The county clerk shall prepare and
issue by nonforwardable mail to each elector a memorandum 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.
(2) When an elector registers or updates a registration, the county
clerk shall issue the elector a new memorandum card by nonforwardable
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 nonforwardable 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]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 requirement does not apply to a change of precincts 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](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 statement 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 request a change in the information
on the card. Upon receipt of the statement or request, the county clerk
shall determine whether the information satisfies the inquiry. If the
county clerk determines that the inquiry 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
registration 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]An elector who updates a
registration 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 registration 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](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 designated may include state, county, city or district
offices and federal and nongovernmental 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 registration 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 preference or party
registration of a person registering 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 registering to vote or take any
action the purpose or effect of which is to discourage a person from
registering to vote;
(d) Make any statement to a person registering to vote or take any
action the purpose 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
availability 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 designated a voter
registration agency under the National Voter Registration Act of 1993
(P.L. 103-31) shall, with each application for service or assistance and
with each recertification, renewal or change of address form relating to
the service or assistance:
(a) Distribute a registration card, including all statements
required under the National Voter Registration Act of 1993 (P.L. 103-31);
and
(b) Provide a form including other information required by the
National Voter Registration Act of 1993 (P.L. 103-31).
(5) Information relating to a declination to register to vote in
connection with an application made at an office described in subsection
(4) of this section shall not be used for any purpose other than voter
registration.
(6) A completed registration card accepted at a voter registration
agency designated under this section shall be delivered to a county clerk
or the Secretary of State. [1993 c.713 §5]UPDATING REGISTRATION
(1) An elector shall update a registration if:
(a) The residence address of the elector is changed for any reason
within the county in which the elector is registered, except as provided
in subsection (3) of this section.
(b) The elector desires to change or adopt a political party
affiliation.
(c) The mailing address of the elector is changed, except as
provided in subsection (3) of this section.
(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 provided in this
chapter.
(3) Notwithstanding subsection (1) of this section:
(a) An elector need not update a registration if:
(A) The United States Postal Service or a city or county changes
the residence or mailing address of the elector and the residence of the
elector has not been relocated; or
(B) The registration of the elector has been updated by the county
clerk under ORS 247.292 or 247.296.
(b) An elector whose mailing address has changed but whose
residence address has not changed, and whose registration has not been
canceled, may vote once in the precinct in which the elector is
registered. The following apply:
(A) The election board clerk shall enter into the poll book the
fact that the elector’s mailing address has changed. Following the
election, the county clerk shall send the elector the notice described in
ORS 247.563 and the registration of the elector shall be considered
inactive.
(B) The registration of an elector whose mailing address has
changed must be updated in order for the elector to vote in any
subsequent election. [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](1) A county clerk shall
update the registration of an elector in the county upon receiving
written evidence from the elector or from the United States Postal
Service 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. This subsection applies only if the new
residence address is located in the same county as the residence address
for the elector as contained in the records of the county clerk.
(2) When a county clerk updates the registration of an elector
under subsection (1) of this section, the clerk shall send a new precinct
memorandum card by nonforwardable mail to the elector as provided in ORS
247.181. The clerk shall include a notice stating that if the residence
address or mailing address is not correct, the elector must notify the
clerk.
(3) An elector shall not be disqualified from voting due to any
error relating to an update of registration made under this section.
[1993 c.713 §17a](1)
The county clerk shall use records of the United States Postal Service
relating to ballots issued by mail to verify the accuracy 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 registration of
an elector under ORS 247.292 or mail a notice described in ORS 247.563.
(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]
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]The effective date of a voter registration updated under
ORS 247.292 or 247.296 is the date that the county clerk changes the
address information on the voter registration file. [1993 c.713 §17f;
1999 c.410 §14] Notwithstanding ORS
247.025, an elector whose registration is active or inactive may update
the registration at any time before 8 p.m. on the day of the election.
[1999 c.410 §10]Notwithstanding ORS 247.025, in an election conducted at polling places
as provided in ORS chapter 254:
(1) If a county clerk receives information updating the
registration of an elector after the deadline in ORS 247.025 and not
later than the eighth day before an election, and the registration of the
elector has not been canceled, the county clerk may include the elector’s
updated registration information in the poll book. If the elector’s
updated registration information is not in the poll book, the clerk shall
provide the elector a certificate of registration allowing the elector to
vote at the elector’s new polling place. A person issued a certificate of
registration who desires to vote must give the certificate to the
election board of the precinct before the elector is given a ballot.
(2) An elector who updates a registration after the eighth day
before an election may vote at any polling place or at a county elections
office.
(3) Notwithstanding subsection (1) of this section, the county
clerk need not issue a certificate of registration to an elector who is
voting by absentee ballot. [1993 c.713 §18; 1995 c.712 §9; 1995 c.742
§16; 1999 c.410 §15](1) In an
election conducted by mail as provided in ORS chapter 254, if the county
clerk receives information updating the registration of an elector after
the deadline in ORS 247.025:
(a) The county clerk shall issue a ballot to the elector if the
elector’s registration was inactive prior to updating.
(b) The county clerk shall issue a replacement ballot upon request
from the elector if the elector’s registration was active prior to
updating.
(2) Ballots issued under this section need not be mailed after the
fifth day before the date of the election and may be obtained in person
from the county clerk up until and including the date of the election.
[1999 c.410 §11]ELIGIBILITY IN PRESIDENTIAL ELECTIONSA 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 person’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] (1) A county
clerk shall give a ballot marked “Presidential only” to any person
eligible under ORS 247.410 who personally appears in the office of the
county clerk, completes a registration card and verifies eligibility to
vote under ORS 247.410.
(2) No person shall supply any information under subsection (1) of
this section, knowing it to be false. [1961 c.114 §3; 1969 c.153 §1; 1975
c.678 §19; 1979 c.190 §55; 1999 c.410 §16]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 residence, may
vote for these offices in the primary 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]REMOVAL OF NAMES FROM REGISTER OF ELECTORS(1) Whenever an election is conducted at polling
places as provided in ORS chapter 254, an elector or member of an
election board may question an entry in the poll book. The question shall
be noted in the remarks column following the name stating the reason,
such as “died,” “moved,” or “incorrect address.”
(2) Not later than the 60th day after each election, the county
clerk shall send the notice described in ORS 247.563 to electors
questioned under subsection (1) of this section. [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] (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 occurs 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](1) Except as provided in
subsection (4) of this section and ORS 247.555, whenever it appears to
the county clerk that an elector needs to update the elector’s
registration or that the elector has changed residence address to another
county, the county clerk shall mail a notice to the elector.
(2) The notice shall be sent by forwardable mail and shall include
a postage prepaid, preaddressed return card on which the elector may
state the elector’s current residence and mailing address. The notice
shall advise the elector that:
(a) The elector should return the card promptly;
(b) If the card is not returned by the 21st calendar day
immediately preceding an election, the elector may be required to
complete a new registration card in order to vote in an election; and
(c) The elector’s registration will be canceled 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 registration is canceled or the
clerk determines that the registration should be considered active.
(4) This section does not apply when the county clerk receives
written evidence from the elector, the United States Postal Service or
another county clerk indicating a change of residence or mailing address
and the registration of the elector is automatically updated by the
county clerk under any provision of this chapter. [1993 c.713 §25; 1999
c.410 §19; 2001 c.965 §45](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 registration of the person.
(2) Not later than five business days after receiving information
from the county registrar 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 persons.
(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](1) Copies of all notices and other correspondence issued 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
subsection (1) of this section by maintaining for two years:
(a) Computer listings of electors to whom the clerk issued notices
or any other correspondence under ORS 247.195, 247.292, 247.296, 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]LISTS OF ELECTORS
(1) Not later than the 21st day before any primary
election, general election or special congressional election, a major
political party qualified under ORS 248.006 or its affiliate within the
county or a minor political party qualified under ORS 248.008 may request
from the county clerk a list of active electors, as described in ORS
247.013, of the county. 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.
A major political party or its affiliate 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 shall 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] (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
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 subsection (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. [1969 c.421 §§8,9; 1979
c.190 §64; 1989 c.637 §2; 1995 c.712 §13; 1999 c.999 §36](1) Except as provided in subsection (2) of this
section, no person to whom a list of electors is made available or
supplied under ORS 247.940 or 247.945 shall use any information 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]DISCLOSURE OF RESIDENCE ADDRESS OR SIGNATURE OF ELECTORS(1) Any elector may request the
county clerk to keep the residence address of the elector exempt from
disclosure as a public record under ORS 192.410 to 192.505.
(2) The county clerk shall keep the residence address of an elector
exempt from disclosure as a public record under ORS 192.410 to 192.505 if
the elector making the request demonstrates to the satisfaction of the
county clerk that the elector’s personal safety or the safety of any
family member residing with the elector is in danger if the elector’s
address remains available for public inspection.
(3) 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 exemption
or the elector is required to update the elector’s registration. If the
elector is required to update the elector’s registration, the elector may
apply for another exemption from disclosure.
(5) An exemption from disclosure granted under this section
includes an exemption from disclosure of the residence address of an
elector under ORS 247.940 or 247.945.
(6) A county clerk shall not be held liable for:
(a) Granting or denying an exemption from disclosure under this
section; or
(b) Any unauthorized release of a residence address granted an
exemption from disclosure under this section. [1993 c.616 §2; 1995 c.742
§9; 1999 c.410 §21]Notwithstanding any provision of ORS 192.410 to
192.505:
(1) 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 circuit court of the county in
which the administrative offices of the county clerk are located
requesting disclosure of the residence address of any elector exempt from
disclosure under ORS 247.965. The petitioner shall have the burden of
showing the disclosure would not constitute an unreasonable invasion of
privacy. [1993 c.616 §3]RF10 (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
residing 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 subsection (1) of this section. [1993 c.616 §7](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 individual’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.
(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. [1999 c.824 §4; 2003 c.803 §15]
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