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USA Statutes : oregon
Title : TITLE 23 ELECTIONS
Chapter : Chapter 253 Absent Electors
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As used in this chapter:
(1) "Clerk" means the county clerk.
(2) "County clerk" means the county clerk or the county official in
charge of elections.
(3) "Elector" means an individual qualified to vote under section
2, Article II, Oregon Constitution.
(4) "Absent elector" means a person to whom the county clerk has
issued a ballot prior to 8 p.m. the day of the election in the case of an
election conducted at polling places, or prior to the mailing of ballots
under ORS 254.470 (3)(a) for an election conducted by mail. [1979 c.190
§201; 1979 c.317 §10a; 1999 c.410 §27]ORS 253.085, 253.090, 253.095, 253.100 and 253.120 apply only to
elections conducted at polling places as provided in ORS chapter 254.
[1999 c.410 §32] An elector may become an absent
elector when the elector has reason to believe that the elector will be
unable for any reason to vote at the election. [1979 c.190 §202](1) Before an election any elector may apply to
the clerk for the absentee ballot of the election.
(2) An application for an absentee ballot must:
(a) Be in writing and signed by the applicant; and
(b) Be received by the clerk not later than 8 p.m. the day of the
election.
(3) If an applicant not affiliated with any political party desires
to vote in any major political party primary election, the applicant may
request and shall be sent a ballot for a major political party if that
political party has provided under ORS 254.365 for a primary election
that admits electors not affiliated with any political party.
(4) Application for an absentee ballot may be made by using a
facsimile machine. As used in this subsection, "facsimile machine" means
a machine that electronically transmits or receives facsimiles of
documents through connection with a telephone network.
(5) If an elector desires, the elector's application shall be valid
for every subsequent election until the elector otherwise notifies the
clerk or is no longer an elector of the county. [Amended by 1957 c.641
§3; 1959 c.458 §2; 1969 c.676 §2; 1975 c.675 §29; 1977 c.179 §3; 1979
c.190 §203; 1985 c.471 §8; 1987 c.719 §6; 1989 c.503 §36; 1991 c.107 §4;
1991 c.168 §1; 1993 c.493 §24; 1995 c.607 §78; 1995 c.712 §48; 1999 c.999
§42] (1) The clerk shall
print as many absentee ballots as may be necessary as soon as possible
after receiving the information concerning candidates and measures to be
voted on at an election, but not later than the 45th day before the
election.
(2) For an election conducted at polling places as provided in ORS
chapter 254:
(a) The initials of the clerk may be placed on each ballot stub to
identify it as an absentee ballot.
(b) The ballot stubs of each set of ballot forms containing the
same information may be numbered consecutively.
(3) The clerk shall be responsible for the safekeeping and
disposition of the ballots, and shall destroy all unused ballots as soon
as practicable after the election. [1979 c.190 §205; 1981 c.173 §30; 1989
c.923 §1; 1991 c.71 §7; 1991 c.107 §7; 1993 c.713 §56; 1999 c.410 §28] (1) Absentee ballots may be the
regular ballots used at the election or special ballots and, except as
provided in subsections (2) and (3) of this section, shall be in
substantially the same form as the regular ballots used at the election.
(2) In counties in which voting machines are used, paper ballots
may be used as absentee ballots.
(3) Ballot stubs are not required on absentee ballots.
(4) The ballot delivered to each absent elector shall contain the
names and other information concerning all candidates and the information
concerning all measures for which the absent elector is entitled to vote.
In lieu of the names and other information concerning candidates for
precinct committeeperson, blank spaces shall be provided on the ballot,
in which the absent elector may write the name of a candidate for that
office. [1979 c.190 §206; 1991 c.107 §8] (1) For electors
with mailing addresses outside this state, the county clerk shall deliver
an absentee ballot:
(a) Not later than the 45th day before the election to each long
term absent elector; and
(b) Not sooner than the 29th day before the election to each
elector with a mailing address outside this state who is not a long term
absent elector.
(2) For electors with mailing addresses in this state, except if
requested by the elector, absentee ballots delivered by mail shall be
delivered:
(a) For primary elections and general elections, or any statewide
special election for which a voters' pamphlet is prepared, not sooner
than the date the Secretary of State first mails the voters' pamphlet
under ORS 251.175; or
(b) In the case of an election for which a statewide voters'
pamphlet is not required to be prepared, not sooner than the 20th day
before the date of the election.
(3) The ballot may be delivered to the absent elector in the office
of the clerk, by postage prepaid mail or by any other appropriate means.
(4) The clerk shall deliver with the ballot instructions for
marking and returning the ballot, a return identification envelope and a
secrecy envelope. The name, official title and address of the clerk shall
appear on the front of the envelope. On the back shall appear a statement
to be signed by the absent elector, stating that the elector:
(a) Is qualified to vote;
(b) Unless prevented by physical disability, has personally marked
the ballot; and
(c) Has not unnecessarily exhibited the marked ballot to any other
person.
(5) Notwithstanding subsections (1) and (2) of this section, if the
county clerk receives an application for an absentee ballot after the
fifth day before an election, the county clerk need not mail the ballot
for that election but may deliver the ballot by making it available in
the office of the clerk.
(6) An elector may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost or not received by the elector. The county clerk
shall keep a record of each replacement ballot provided under this
subsection.
(7) A replacement ballot may be mailed or shall be made available
in the office of the county clerk.
(8) If the county clerk determines that an elector to whom a
replacement ballot has been issued at the request of the elector has
voted more than once, the county clerk shall not count any ballot cast by
the elector. If the county clerk is required to reissue ballots due to a
change on the ballot for any reason, that ballot shall be counted in lieu
of any previous ballot issued unless:
(a) Only the original ballot was voted and returned; or
(b) The county clerk issued a supplemental ballot that is not a
complete replacement of the original ballot. [1979 c.190 §207; 1981 c.485
§1; 1989 c.923 §22; 1991 c.719 §50; 1995 c.607 §34; 1999 c.318 §33; 1999
c.1002 §7]Upon receipt of a ballot the absent
elector shall mark it and comply with the instructions provided with the
ballot. The absent elector may return the marked ballot to the office of
the clerk, by any appropriate means. The ballot must be received by a
county clerk not later than 8 p.m. of the day of the election. If a
county clerk receives a ballot for an elector who does not reside in the
clerk's county, the ballot shall be forwarded to the county clerk of the
county in which the elector resides not later than the eighth day after
the election. [Amended by 1957 c.641 §5; 1969 c.676 §3; 1979 c.190 §208;
1995 c.742 §13](1) Upon receipt of an envelope containing a marked absentee
ballot, the clerk shall keep it safely in the office and, before
delivering the ballot for counting, shall compare the signature of the
absent elector which appears on the back of the absentee ballot envelope
with that upon the applicant's registration card. If the signatures
appear to be the same, the envelope shall be marked in order to indicate
that the ballot may be counted.
(2) Except as otherwise provided in this chapter, the absentee
ballots shall be counted and returns shall be made, as nearly as
possible, in the same manner as for other ballots cast at the election.
[Amended by 1957 c.641 §6; 1961 c.92 §1; 1979 c.190 §209; 1991 c.107 §9;
1999 c.410 §30]The clerk shall deliver valid absentee ballots to the
proper election board before closing of the polls or to a special
counting board appointed under ORS 253.085. [1999 c.410 §33](1) The county clerk shall
appoint as many special counting boards as may be necessary to conduct
the count of absentee ballots not delivered to the election boards. Each
member of a special counting board shall be an elector of the county, but
no member shall be a candidate for any office at the election. The
members of a special counting board shall not all be members of the same
political party. Each member of a special counting board shall be
compensated at not less than the rate of a member of a regular election
board at the election.
(2) The special counting boards may begin to process the absentee
ballots as soon as the poll books used at the election are delivered to
the counting board.
(3) Absentee ballots may be counted by the special counting boards
or by use of an automated vote tally system. The count of absentee
ballots shall be completed not later than the third day after the date of
the election. [Amended by 1957 c.641 §8; 1961 c.163 §1; 1979 c.190 §210;
1999 c.410 §34] (1) The election board or
special counting board shall verify the legality of each absentee ballot
delivered to the board for counting by determining if the envelope has
been marked as provided in ORS 253.080 and by examining the poll book to
see that the absent elector has not voted in person.
(2) If the envelope delivered to an election board or special
counting board is not marked as provided in ORS 253.080, the envelope
shall be returned unopened to the clerk who shall determine if the ballot
should be counted. If the clerk determines that the ballot should be
counted, the envelope shall be returned to the board with appropriate
instructions. [Amended by 1957 c.641 §9; 1961 c.92 §2; 1979 c.190 §211;
1993 c.493 §25] If an absentee ballot is not counted, the
person who determines that the ballot should not be counted shall mark
"rejected" across the front of the envelope. The envelope shall not be
opened. The envelope and ballot shall be retained in the same manner as
defective regular ballots voted at the election. [1979 c.190 §212]When the election board or special counting board has verified the
legality of the absentee ballot, a member of the board, without unfolding
or permitting the ballot to be opened or examined, shall remove the
ballot from the envelope, detach the stub and process the stub and ballot
in the same manner as other ballots cast at the election. A member of the
board shall write in the poll book that the absent elector voted at the
election with an absentee ballot. [Amended by 1957 c.641 §10; 1979 c.190
§213]An elector may vote in person even though an absentee ballot has
been delivered to the elector, if the elector has not voted and returned
the absentee ballot. If the elector returns the ballot to the election
board, the election board shall mark the envelope "canceled" and place it
in the ballot box with other ballots cast at the election. [Amended by
1957 c.641 §12; 1979 c.190 §214; 1991 c.107 §10] (1) An elector who, on
the day of an election, will be absent from the county in which the
elector is registered may vote at the elections office of any county
clerk or at any polling site in this state.
(2) An elector voting under this section shall complete and sign a
voter registration card.
(3) The elector shall insert the ballot into a small envelope
provided by the election board and then shall insert the small envelope
into a larger envelope. The larger envelope shall be deposited into the
ballot box.
(4) A ballot cast under this section shall be forwarded to the
county clerk of the county in which the elector resides not later than
the eighth day after the election. The ballot shall be counted in the
county in which the elector resides if the elector is qualified to vote
in that county. A vote shall be counted only if the elector is qualified
to vote for the particular office or on the measure.
(5) This section does not apply to persons registered under ORS
247.410 and 247.420. [1979 c.190 §215; 1993 c.713 §30; 1995 c.742 §14;
1999 c.410 §35]LONG TERM ABSENT ELECTORSORS 253.500
to 253.640 shall be liberally construed so that all long term absent
electors may be given an opportunity to fully exercise their voting
rights. [Formerly 253.670] As used in ORS
253.500 to 253.640, "long term absent elector" means a resident of this
state absent from the place of residence and:
(1) Serving in the Armed Forces of the United States or who has
been discharged from the Armed Forces of the United States for not more
than 30 days;
(2) Serving in the Merchant Marine of the United States or who has
been discharged from the Merchant Marine of the United States for not
more than 30 days; or
(3) Temporarily living outside the territorial limits of the United
States and the District of Columbia. [1955 c.332 §1; 1957 c.641 §14; 1969
c.261 §1; 1979 c.190 §217; 1993 c.493 §26]Except as otherwise provided in ORS 253.500 to
253.640, procedures relating to long term absent electors' ballots and
special absentee ballots shall be as nearly as possible the same as for
other absentee ballots. [1979 c.190 §218; 1985 c.720 §4](1) A spouse or dependent of a long term absent elector,
temporarily living outside the county or city in which is situated the
last home residence in this state of the spouse or dependent, may vote in
the same manner as a long term absent elector.
(2) A spouse or dependent of a long term absent elector, not
previously a resident of this state who intends to reside in this state,
shall be considered a resident of this state for voting purposes, and may
vote in the same manner as a long term absent elector. The spouse or
dependent shall be considered to have resided for more than 30 days at
the last residence of the long term absent elector in this state. [1955
c.332 §16; 1957 c.641 §15; 1965 c.153 §1; 1977 c.508 §11; 1979 c.190 §219] (1) Any
long term absent elector may secure an absentee ballot by submitting an
application as specified in subsection (2) of this section to the clerk
of the county of the long term absent elector's residence, or to the
Secretary of State. If the application is addressed to the Secretary of
State, the secretary shall forward it to the appropriate county clerk.
(2) An application for an absentee ballot by a long term absent
elector shall be made in the form of a written request. The application
shall be valid for every subsequent election until the elector otherwise
notifies the clerk or is no longer an elector of the county. The
application shall be signed by the applicant and contain:
(a) The name and current mailing address of the applicant;
(b) A statement that the applicant is a citizen of the United
States;
(c) A statement that the applicant will be 18 years of age or older
on the date of the election;
(d) A statement that for more than 20 days preceding the election
the applicant's home residence has been in this state, and giving the
address of the last home residence;
(e) A statement of the facts that qualify the applicant as a long
term absent elector or as the spouse or a dependent of a long term absent
elector;
(f) A statement that the applicant is not requesting a ballot from
any other state and is not voting in any other manner in the election
except by the requested absentee ballot; and
(g) If the applicant desires to vote in a primary election, a
designation of the applicant's political party affiliation or a statement
that the applicant is not affiliated with any political party. An
applicant not affiliated with any political party may request a ballot
for a major political party. The applicant shall be sent the ballot for
the political party that the applicant requested if that political party
has provided under ORS 254.365 for a primary election that admits
electors not affiliated with any political party. [1955 c.332 §§7,8; 1957
c.641 §16; 1973 c.827 §25; 1975 c.675 §31; 1979 c.190 §220; 1979 c.519
§26; 1987 c.719 §7; 1991 c.168 §2; 1995 c.712 §49; 1999 c.999 §43](1) Upon receipt of an application made
under ORS 253.540 the county clerk, without regard to whether the
applicant is an elector of the county, shall mail the materials
prescribed in ORS 253.065 to the applicant.
(2) Notwithstanding any provision of ORS chapter 247, the completed
and signed application submitted under ORS 253.540 shall constitute a
valid registration for the applicant.
(3) Notwithstanding subsection (1) of this section, if the county
clerk receives an application from a long term absent elector after the
fifth day before an election, the county clerk need not mail the ballot
for that election but may deliver the ballot by making it available in
the office of the clerk. [1979 c.190 §221; 1981 c.485 §2; 1993 c.493 §27] Whenever
provision is made for absentee voting by a statute of the United States,
including the Uniformed and Overseas Citizens Absentee Voting Act, 42
U.S.C. 1973ff (Public Law 99-410), an application for an absentee ballot
made under that law may be given the same effect as an application for an
absentee ballot made under ORS 253.500 to 253.640. [1955 c.332 §2; 1979
c.190 §222; 1991 c.71 §12]
(1) Any long term absent elector may secure a special absentee ballot for
a primary election or general election by making an application under
this section if the elector believes that:
(a) The elector will be residing, stationed or working outside the
territorial limits of the United States and the District of Columbia; and
(b) The elector will be unable to vote and return a regular
absentee ballot by normal mail delivery within the period provided for
regular absentee ballots.
(2) A long term absent elector shall make the application for a
special absentee ballot in the form of a written request. The elector
shall submit the application before the date of the applicable election
to the clerk of the county of the long term absent elector's residence or
to the Secretary of State. If the application is addressed to the
Secretary of State, the secretary shall forward it to the appropriate
county clerk. The application shall be signed by the applicant and
contain:
(a) The name and current mailing address of the applicant;
(b) A designation of the election for which the applicant requests
a special absentee ballot;
(c) A statement that the applicant is a citizen of the United
States;
(d) A statement that the applicant will be 18 years of age or older
on the date of the election;
(e) A statement that for more than 20 days preceding the election
the applicant's home residence has been in this state, and giving the
address of the last home residence;
(f) A statement of the facts that qualify the applicant as a long
term absent elector or as the spouse or a dependent of a long term absent
elector;
(g) A statement of the facts that qualify the applicant to vote by
means of a special absentee ballot;
(h) A statement that the applicant is not requesting a ballot from
any other state and is not voting in any other manner in the election
except by the requested special absentee ballot; and
(i) If the applicant requests a ballot for a primary election, a
designation of the applicant's political party affiliation or a statement
that the applicant is not affiliated with any political party. An
applicant not affiliated with any political party may request a ballot
for a major political party. The applicant shall be sent the ballot for
the political party that the applicant requested if that political party
has provided under ORS 254.365 for a primary election that admits
electors not affiliated with any political party.
(3) An application for a special absentee ballot shall be valid
only for the election specified in the application.
(4) The county clerk shall list on the special absentee ballot the
offices and measures scheduled to appear on the regular ballot, if known
when the ballot is prepared, and provide space in which the elector may
write in the elector's preference.
(5) The elector may write in the name of any eligible candidate for
each office to be filled or for which nominations will be made at the
election, and may vote on any measure submitted at the election. [1985
c.720 §2; 1987 c.719 §§8,25; 1989 c.503 §§38,39; 1995 c.712 §50; 1999
c.999 §44](1)
Upon receipt of an application made under ORS 253.565, if the applicant's
residence is in the county, the county clerk, without regard to whether
the applicant is an elector of the county, shall mail to the applicant a
special absentee ballot, instructions for filling in and returning the
ballot and an envelope to use for the return. The name, official title
and office address of the clerk shall appear on the front of the
envelope. On the back shall appear a statement to be signed by the absent
elector, stating that the elector:
(a) Is qualified to vote;
(b) Unless prevented by physical disability, has personally marked
the ballot; and
(c) Has not unnecessarily exhibited the marked ballot to any other
person.
(2) The completed and signed application submitted under ORS
253.565 shall constitute a valid registration for the applicant.
(3) If the county clerk receives an application for a special
absentee ballot on or after the 45th day before the election specified in
the application, the county clerk shall treat the application as an
application made under ORS 253.540.
(4) A long term absent elector may obtain a replacement ballot if
the ballot is destroyed, spoiled, lost or not received by the elector.
The county clerk shall keep a record of each replacement ballot provided
under this subsection.
(5) Notwithstanding subsection (3) of this section, a replacement
ballot may be mailed or shall be made available in the office of the
county clerk.
(6) If the county clerk determines that a long term absent elector
to whom a replacement ballot has been issued at the request of the
elector has voted more than once, the county clerk shall not count any
ballot cast by the elector. If the county clerk is required to reissue
ballots due to a change on the ballot for any reason, that ballot shall
be counted in lieu of any previous ballot issued unless:
(a) Only the original ballot was voted and returned; or
(b) The county clerk issued a supplemental ballot that is not a
complete replacement of the original ballot. [1985 c.720 §3; 1989 c.923
§2; 1991 c.719 §51; 1993 c.713 §61; 1995 c.607 §37; 1999 c.318 §34; 1999
c.410 §36](1) The Secretary of State may receive ballots from long term
absent electors.
(2) If the Secretary of State receives a ballot cast by a long term
absent elector, the Secretary of State shall deliver the ballot to the
county clerk or elections officer of the county in which the elector who
cast the ballot is registered.
(3) A ballot received by the Secretary of State under this section
not later than 8 p.m. of the day of the election shall be considered to
have been received by the 8 p.m. deadline specified in ORS 253.070. [2003
c.64 §5]All public officers having duties
under ORS 253.500 to 253.640 shall coordinate their efforts with any
federal authority to facilitate voting by long term absent electors, so
that these electors may cast their ballots with the least possible
interference with the performance of their duties. [1955 c.332 §4; 1979
c.190 §223] In the event of a
national emergency, the Secretary of State shall assure that any elector
called to active military duty is not unnecessarily denied the
opportunity to vote simply because of military duty. [1991 c.71 §14] (1) The
county clerk, a member of the election board or special counting board or
any elector shall challenge the absentee ballot of any person offering to
vote as an absent elector whom the clerk, member or elector knows or
suspects not to be qualified as an elector. The person's ballot may be
challenged at any time before the ballot is removed from its return
envelope for processing.
(2) A challenge to an absentee ballot of a person offering to vote
shall be made, under oath or affirmation before the clerk, a member of
the election board or special counting board, and shall be in writing on
a numbered challenge form. The statement shall contain the name and
residence address of the challenger, the name of the person challenged
and a statement of the facts upon which the challenge is based. Any
elections official or member of an election board or special counting
board may administer the oath or affirmation required under this
subsection. [1985 c.808 §32; 1999 c.410 §37] No person
shall alter any information supplied on an application for an absentee
ballot except:
(1) An elections officer in the performance of official duties.
(2) The applicant. [1985 c.808 §33]
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