Oregon Glossary

      254.115 Official primary election ballot. (1) The official primary election ballot shall be styled “Official Primary Nominating Ballot for the _____ Party.” and shall state:

      (a) The name of the county for which it is intended.

      (b) The date of the primary election.

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election whose nominating petitions or declarations of candidacy have been made and filed, and who have not died, withdrawn or become disqualified.

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

      (e) The names of candidates for the party nomination for President of the United States who qualified for the ballot under ORS 249.078.

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

      (3)(a) The ballot may not contain the name of any person other than those referred to in subsections (1) and (2) of this section.

      (b) The name of each candidate for whom a nominating petition or declaration of candidacy has been filed shall be printed on the ballot in but one place, except in circumstances where a candidate may hold more than one office or nomination without violating ORS 249.013.

      (c) In the event that two or more candidates for the same nomination or office have the same or similar surnames, the location of their places of residence shall be printed with their names to distinguish one from another. [Formerly 249.354; 1983 c.7 §3; 1983 c.567 §16; 1987 c.267 §42; 1991 c.971 §§9,10; 1993 c.493 §§31,32; 1995 c.712 §56; 1999 c.410 §44; 1999 c.999 §48; 2007 c.154 §23; 2012 c.102 §2; 2017 c.749 §27]

      254.125 Nominating ballot for candidates to nonpartisan office; listing of candidates for judge at primary and general elections; use of term “incumbent.” (1) The names of candidates for a nonpartisan office at a nominating election held on the date of the primary election shall be listed without political party designation on a nominating ballot under the title, and department or position number if any, of the office.

      (2) At the primary election or general election:

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

      (b) The word “incumbent” shall follow the name of each candidate for the Supreme Court, Court of Appeals, Oregon Tax Court or circuit court who is designated the incumbent by the Secretary of State under ORS 254.085. [1979 c.190 §236; 1979 c.451 §6; 1979 c.587 §4; 1983 c.7 §4; 1985 c.742 §2; 1993 c.493 §§35,36; 1995 c.658 §99; 1995 c.712 §59; 1999 c.410 §45; 2007 c.154 §24]

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

      (a) The name of the county for which it is intended.

      (b) The date of the election.

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

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

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

      (3)(a) The name of each candidate nominated shall be printed on the ballot in but one place, without regard to how many times the candidate may have been nominated, except in circumstances where a candidate may hold more than one office or nomination without violating ORS 249.013. The name of a political party, or names of political parties, shall be printed with the name of a candidate for other than nonpartisan office according to the following rules:

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

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

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

      (D) For a candidate who is a member of a political party who is nominated by more than one political party of which the candidate is not a member, the names of not more than three political parties selected by the candidate shall be printed with the name of the candidate;

      (E) For a candidate who is nominated only by a political party of which the candidate is a member, the name of the political party of which the candidate is a member shall be printed with the name of the candidate; and

      (F) For a candidate who is nominated by a political party of which the candidate is a member and by any political party or parties of which the candidate is not a member, the name of the political party of which the candidate is a member and the names of not more than two other political parties selected by the candidate shall be printed with the name of the candidate.

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

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

      (d) The word “nonaffiliated” shall be printed with the name of each candidate who is not affiliated with a political party and who is nominated by an assembly of electors or individual electors.

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

      (4) Notwithstanding subsection (3)(a) of this section, the name of a candidate nominated for more than one district office that is to be filled at the same election shall be separately printed upon the ballot for each district office for which the candidate is nominated. [Formerly 250.110; 1983 c.7 §5; 1985 c.742 §3; 1991 c.971 §12; 1993 c.493 §38; 1995 c.606 §7; 1999 c.410 §46; 2005 c.797 §46; 2007 c.154 §25; 2009 c.798 §2; 2012 c.102 §1; 2014 c.67 §2; 2014 c.112 §2; 2017 c.749 §28]

      254.145 Design and contents of official ballots. (1)(a) Except as provided in paragraph (b) of this subsection, the names of candidates for nomination for or election to each office shall be arranged on the ballot in the order determined under ORS 254.155.

      (b) The names of candidates for the offices of President and Vice President of the United States shall be arranged in groups.

      (2) Except as provided in ORS 254.125 and 254.135 and this section, no information about the candidate, including any title or designation, other than the candidate’s name, may appear on the ballot.

      (3) Spaces shall be provided for any offices appearing on the ballot in which the elector may write the name of any person not printed on the ballot. If a voting machine is used, spaces shall be provided on the ballot, or on separate material delivered to the elector with the ballot, in which the elector may write or enter the names of persons for any offices appearing on the ballot.

      (4) On the left margin of the ballot, the name of each group or candidate may be numbered. The blank spaces may not be numbered. A particular number may not be used to designate more than one candidate at any election.

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

      (6) The ballot shall be clearly marked to indicate when names of candidates for the office are continued on the following page.

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

      (8) The ballot shall be printed to give the elector a clear opportunity to designate the elector’s choice for candidates and approval or rejection of measures submitted. If a voting machine is not used, the elector shall indicate a preference by making a cross or check mark inside a voting square corresponding to the candidate or answer for which the elector wishes to vote. A voting square may be printed on the blank, write-in vote spaces. However, the elector is not required to place a mark in the voting square corresponding to a name written in a blank space. Words shall be printed on the ballot to aid the elector, such as “Vote for one,” “Vote for three,” and regarding measures, “Yes” and “No.” [1979 c.190 §238; 1983 c.253 §2; 1991 c.719 §27; 1991 c.971 §13; 1993 c.493 §39; 1993 c.713 §48; 1995 c.607 §80; 1999 c.410 §47; 2007 c.154 §26]

      254.155 Order of candidate names on ballot. (1) Not later than the 69th day before the date of any election the Secretary of State shall complete a random ordering of the letters of the alphabet.

      (2) Not later than the 68th day before the date of any election the Secretary of State shall mail or deliver to each county clerk a copy of the random ordering of the letters of the alphabet.

      (3) The county clerk shall arrange by surname the names of the candidates on the ballot in the random order of the letters of the alphabet completed by the Secretary of State under subsection (1) of this section.

      (4) The requirements of this section apply only if at least one contested candidate race will be on the ballot. [Formerly 249.362; 1983 c.253 §1; 1987 c.267 §47; 1993 c.713 §49; 2007 c.154 §27; 2018 c.70 §11; 2019 c.675 §8]

      254.165 Adjusting ballot when vacancy occurs; notice to Secretary of State; exception. (1) If the filing officer determines that a candidate has died, withdrawn or become disqualified, or that the candidate will not qualify in time for the office if elected, the name of the candidate may not be printed on the ballots or, if ballots have already been printed, the ballots must be reprinted without the name of the candidate before the ballots are delivered to the electors. The name of a candidate nominated to fill a vacancy in nomination or office must be printed on the ballots or, if the ballots have already been printed, the county clerk shall cause the name to appear on the ballots before the ballots are delivered to the electors. A filing officer, other than the Secretary of State, shall notify the Secretary of State of any action taken under this section.

      (2) Subsection (1) of this section does not apply if the filing officer makes the determination under subsection (1) of this section on or after the 61st day before the date of the election.

      (3) As used in this section:

      (a) “District” means a district defined in ORS 255.012.

      (b) “Filing officer” means the:

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

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

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

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

      (E) City clerk, auditor or recorder, regarding a candidate for a city office. [Formerly 250.161; 1983 c.514 §12; 1991 c.719 §28; 1999 c.410 §48; 2007 c.154 §28; 2009 c.366 §1; 2018 c.70 §6]

      254.175 Providing ballot title and financial estimates in lieu of printing on ballot; ballot in recall elections. (1) In lieu of printing the complete ballot title of any measure, other than a state measure, the county clerk may print the caption and the question of the ballot title and the measure number on the ballot.

      (2) In lieu of printing the complete ballot title and financial estimates of any state measure to be initiated or referred, the county clerk may print the caption of the ballot title, the statements described in ORS 250.035 (2)(b) and (c) and the measure number on the ballot.

      (3) In the case of a recall election, the following shall be printed on the ballot:

      (a) The statements described in section 18, Article II of the Oregon Constitution, and ORS 249.877; and

      (b) The question “Do you vote to recall ______ from the office of ______?”, with the name of the person against whom a recall petition has been filed printed in the first blank space and the public office held by the person printed in the second blank space.

      (4) The complete text of each ballot title and any financial estimates shall be included with each official ballot. [Formerly 258.380; 1981 c.173 §31; 1981 c.391 §10; 1985 c.808 §36; 1991 c.971 §14; 1995 c.534 §1a; 1999 c.410 §49; 2007 c.154 §29; 2009 c.511 §8]

      254.185 Printing or furnishing of ballots by county clerk. The county clerk shall print or furnish all the required ballots and shall provide them for use by electors in the county. Only ballots printed or furnished under this section may be used in an election. [Formerly 250.080; 2007 c.154 §30]

      254.195 Ballot specifications. (1) Official ballots shall be printed in black ink upon good quality material.

      (2) The governing body of a city, county or district may mail sample ballots to all electors within the city, county or district to assist the electors’ preparation for voting. [Formerly 250.090; 1981 c.157 §1; 1985 c.471 §9; 1987 c.267 §48; 1995 c.712 §60; 1999 c.410 §50; 1999 c.999 §49; 2007 c.154 §31; 2013 c.617 §1]

      254.235 Testing of voting machines and vote tally systems; notice of test. (1) Not later than seven days before an election in which voting machines or vote tally systems are used, the county clerk shall:

      (a) Conduct a preparatory test of the machine and system for logic and accuracy to ensure that each ballot format, where appropriate, correctly tallies ballots in each electoral contest by precinct; and

      (b) Conduct a public certification test for the vote tally system using a selection of precincts, ballot formats and electoral districts from the preparatory test conducted under this subsection.

      (2) Prior to the public certification test under subsection (1)(b) of this section, the county clerk shall mail to each affiliate of a major or minor political party within the county that has notified the clerk that notice is desired, a notice of the time and place where the vote tally system will be publicly tested. One representative of each party is entitled to be present to ensure that the testing is done properly. In nonpartisan elections each candidate may designate one representative who has the same powers as the political party representatives. The party and candidate representatives shall certify that they have witnessed the testing. The certificates shall be filed with the county clerk. [1979 c.190 §247; 1993 c.797 §23; 2001 c.965 §22; 2007 c.154 §32; 2009 c.592 §4]

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

      (1) Include with every mailed ballot a map indicating the proposed boundaries; or

      (2) Print in a voters’ pamphlet prepared for the election a map indicating the proposed boundaries. [1983 c.350 §69; 1999 c.410 §52; 2007 c.154 §33]

Information on Help America Vote Act (HAVA) and other Election Laws

HELP AMERICA VOTE ACT (HAVA) is a federal law passed in October 2002. This Act addresses improvements to voting systems and voter access and includes provisions on voter registration and voter education.

Effective January 1, 2006, this Act requires an individual registering for the first time in Oregon to provide one of the following:

An Oregon DMV Driver’s License or Identification number; or if the individual does not have an Oregon DMV Driver’s License or Identification number, they must provide the last four digits of their Social Security number. If an individual has neither an Oregon DMV Driver’s License or Identification number or a Social Security number and is registering for the first time in Oregon by United States Postal Service they must include a copy of a valid form of identification.

*Acceptable identification is: a copy of a current, valid photo identification or a copy of a paycheck stub, utility bill, bank statement or other government document showing the person’s name and address; or proof of eligibility under the Uniformed and Overseas Citizen Absentee Voting Act (UOCAVA) or the Voting Accessibility for the Elderly and

Handicapped Act (VAEH). If an Oregon DMV Driver’s License or Identification number or the last four digits of their Social Security number or other acceptable identification is needed and it is not provided at the time of registration, the voter will be requested to supply it before the next federal election in order for their votes for federal offices to count.

What does this mean to your voter registration drive effort?

As someone who is involved in a voter registration effort, you need to be aware of the laws that are applicable to your efforts. Each registrant must provide an Oregon DMV Driver’s License or Identification number or the last four digits of their Social Security number. If the registrants do not have either of these and attest to that fact and they mail their registration card through the United States Postal Service, the registrant may be required to provide acceptable identification. In this case, let them know they need to review the voter registration card for identification requirements that may apply to them. The identification requirement in this situation is the registering person’s responsibility.

Some other election laws to be aware of and follow:

ORS 247.012(2)(a) states that if a registration card is delivered to any person, that person shall forward it to a county clerk or the Secretary of State no later than the fifth day after receiving the card. Note: These are calendar days - not business days. It may be advisable that the person instead only provide a voter registration card to a person who requests it, leaving the responsibility of delivery it with the person who is registering. ORS 247.016. An otherwise qualified person who is at least 16 years of age may register to vote. Additionally, they will not receive a ballot until an election occurs on or after their 18th birthday. ORS 247.125 states that no person shall alter any information supplied on a registration card except an elections officer in the performance of official duties or the person who fills out the registration card for the purpose of registering to vote. It is a potential violation for a person, other than the person registering to vote, to fill in parts of the voter registration card the registering person leaves blank, such as party affiliation. Violation of this statute is a Class C Felony. ORS 260.665. This election law, discussed above in the section titled “General Election Laws,” prohibits the use of “undue influence” for certain purposes. The specific definition of “undue influence” includes giving something of value away to induce someone to register to vote or to vote, vote in a certain way, etc. Therefore, a person who is encouraging others to register to vote must not provide anything of value to a person who may want to register to vote.

POST-ELECTION PROCEDURES

      254.483 Ballot security; destruction of unused ballots. (1) Each county clerk is responsible for the safekeeping, disposition and security of all ballots.

      (2) As soon as practicable after the final day permitted for a contest of the election or for filing a demand for a recount, the county clerk shall destroy all unused ballots. [Formerly 254.475; 2007 c.154 §43; 2013 c.679 §2]

      254.485 Tally of ballots; test of vote tally system; rules. (1) Ballots may be tallied by a vote tally system or by a counting board. A counting board may tally ballots at the precinct or in the office of the county clerk. In any event, the ballots shall be tallied and returned by precinct.

      (2) If a vote tally system is used, the county clerk shall repeat the public certification test described under ORS 254.235 (1). The test shall be conducted immediately prior to scanning any ballots. The test may be observed by persons described in ORS 254.235 (2). The county clerk shall certify the results of the test.

      (3) If a counting board has been appointed, the tally of ballots may begin on the date of the election.

      (4)(a) If ballots are tallied by a counting board, after the tally has begun it shall continue until completed. Except as provided in paragraph (b) of this subsection, a counting board shall tally without adjournment and in the presence of the clerks and persons authorized to attend.

      (b) A counting board may be relieved by another board if the tally is not completed after 12 hours.

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

      (6) For ballots cast using a voting machine, the county clerk shall:

      (a) Enter the ballots cast using the machine into the vote tally system; and

      (b) In the event of a recount, provide the paper record copy recorded by the machine to the counting board.

      (7) A person other than the county clerk, a member of a counting board or any other elections official designated by the county clerk may not tally ballots under this chapter.

      (8) The Secretary of State shall by rule establish a procedure for announcing the status of the tally of the ballots received after the date of the election. Rules adopted under this subsection must:

      (a) Consider the number of ballots being released in relation to the size of the district;

      (b) Prioritize voter anonymity; and

      (c) After prioritizing voter anonymity under paragraph (b) of this subsection, prioritize the importance of timely reporting election results. [1979 c.190 §270; 1995 c.607 §45; 1999 c.318 §37; 1999 c.410 §58; 2001 c.965 §23; 2005 c.731 §5; 2005 c.797 §68; 2007 c.154 §44; 2009 c.592 §3; 2021 c.551 §4]

      254.495 Tally and return sheets; counting and tallying ballots. (1) To tally ballots by hand, the counting board shall use the tally sheets and two copies of the return sheet.

      (2) The completed tally and return sheets shall contain:

      (a) The offices on the ballot;

      (b) The number and name of each candidate who received a vote;

      (c) The total number of votes cast for each candidate and each measure voted upon; and

      (d) The total number of votes cast for and against the measure.

      (3) The tally and return sheets, when completed, shall be certified correct by the counting board that kept them. [Formerly 250.471; 2007 c.154 §45]

      254.500 Tally of write-in votes. (1) This section governs the tally of votes cast for persons whose names were not printed on the ballot but are written in by electors. All such write-in votes for each office on the ballot shall be tallied together, except as follows:

     (a) If the total number of write-in votes for candidates for the same nomination or office equals or exceeds the number of votes cast for any candidate for the same nomination or office on the ballot who appears to have been nominated or elected, the county clerk shall tally all write-in votes cast for the office to show the total number of votes cast for each write-in candidate.

      (b) If no names of candidates are printed on the ballot for an office, the county clerk shall tally the votes cast for each candidate for the office who received a vote.

      (2) No person other than the county clerk, a member of a counting board or any other elections official designated by the county clerk may tally write-in votes. [1985 c.508 §2; 1993 c.493 §45; 1995 c.607 §46; 1999 c.318 §38]

      254.505 Ballots to be counted; void ballots; partially void ballots. (1) Only official ballots may be counted. Any vote from which it is impossible to determine the elector’s choice for the office or measure may not be counted. An elector may not place on the ballot a sticker bearing the name of a person or use any other method or device, except writing or using a voting machine, to vote for a person whose name is not printed on the ballot. Any ballot that has a sticker or other device is void and may not be counted. Counting board clerks shall disregard misspelling or abbreviations of the names of candidates if it can be ascertained from the ballot for whom the vote was intended.

      (2) When ballots are counted by counting boards, the board chairperson, using ink, immediately shall initial the back of the wholly or partially void ballot and write on it “Not counted for ______” (stating the office or measure). The counting board shall seal the wholly void ballots in an envelope. [Formerly 250.510; 1999 c.410 §59; 2007 c.154 §46]

      254.515 Counting ballots marked “Federal only.” Ballots marked “Federal only” may be counted only for the offices for which the elector is entitled to vote. Votes on the ballot for other offices may not be counted. [Formerly 250.520; 1999 c.410 §60; 2005 c.797 §57; 2017 c.749 §4]

      254.525 Test of vote tally system. If a vote tally system is used, the county clerk shall repeat the public certification test described under ORS 254.235 (1) for the vote tally system used to conduct the election. The test shall be conducted after all the ballots are tallied but before the final results of the election are certified or before the vote tally system is shut down. The test may be observed by persons described in ORS 254.235 (2). The county clerk shall certify the results of the test. [1979 c.190 §274; 1993 c.713 §36; 1999 c.410 §61; 2001 c.965 §24; 2007 c.154 §47]

      254.529 Choice of conducting hand recount of ballots or risk-limiting audit; procedures for hand recount. (1) At each primary election, general election and special election, the county clerk shall make a determination on whether to conduct:

      (a) A hand count of ballots as described in this section and compare the tally of votes for those ballots produced by a vote tally system with the tally of votes for those ballots produced by the hand count; or

      (b) A risk-limiting audit in the manner described in ORS 254.532.

      (2) If the county clerk determines that a hand count will be conducted:

      (a) In the event that the unofficial tally of ballots produced by a vote tally system reveals that the margin of victory between the two candidates receiving the largest number of votes in the county is less than one percent of the total votes cast in that election in the county, the county clerk shall conduct a hand count of ballots in at least 10 percent of all precincts or of ballots in at least 10 percent of all batches of ballots collected by the county clerk.

      (b) In the event that the unofficial tally of ballots reveals that the margin of victory between the two candidates receiving the largest number of votes in the county is greater than or equal to one percent but less than two percent of the total votes cast in the county, the county clerk shall conduct a hand count of ballots in at least five percent of all precincts or of ballots in at least five percent of all batches of ballots collected by the county clerk.

      (c) In the event that the unofficial tally of ballots reveals that the margin of victory between the two candidates receiving the largest number of votes in the county is greater than or equal to two percent of the total votes cast in the county, the county clerk shall conduct a hand count of ballots in at least three percent of all precincts or of ballots in at least three percent of all batches of ballots collected by the county clerk.

      (3) If the county clerk determines that a hand count will be conducted, the county clerk shall conduct a hand count of ballots cast in the election contest between the two candidates receiving the largest number of votes in the county, an election contest for an office to be voted on in the state at large and, if possible, an election contest for a state measure. The Secretary of State shall select the precincts or batches at random. At the election:

      (a) If selecting precincts, no fewer than 150 ballots must have been cast in at least one of the precincts selected.

      (b) If selecting batches, the number of ballots contained in the batches selected must in the aggregate be equal to or greater than:

      (A) Ten percent of the total number of ballots cast in the election for a hand count required under subsection (2)(a) of this section.

      (B) Five percent of the total number of ballots cast in the election for a hand count required under subsection (2)(b) of this section.

      (C) Three percent of the total number of ballots cast in the election for a hand count required under subsection (2)(c) of this section.

      (4) Not later than 5 p.m. of the 15th business day after the date of the election, the Secretary of State shall in writing advise the county clerks who made a determination that a hand count will be conducted of:

      (a) The election contests for which ballots are to be hand counted; and

      (b) The precincts or batches in which ballots are to be hand counted.

      (5) A county clerk shall begin the hand counts under this section not later than the 27th day after the election and complete the hand counts not later than the 35th day after the election. The results of the hand counts shall be provided to the Secretary of State, who shall make the results publicly available on the Secretary of State’s website.

      (6) A comparison of the tally of votes produced by a vote tally system with the tally of votes produced by the hand count under this section must show that the tally of votes produced by the vote tally system differs by no more than one-half of one percent from the tally of votes produced by the hand count.

      (7)(a) If a hand count conducted under this section results in a tally of votes for a candidate or measure that is different from the tally of votes produced by the vote tally system for that candidate or measure, and the difference for each race is equal to or less than one-half of one percent, the tally of votes produced by the vote tally system is the official tally of votes for that vote tally system.

      (b) If a hand count conducted under this section results in a tally of votes for a candidate or measure that is different from the tally of votes produced by the vote tally system for that candidate or measure, and the difference in any race is greater than one-half of one percent, the county clerk shall conduct a second hand count of the same ballots.

      (c) If the second hand count conducted under this subsection results in a tally of votes for a candidate or measure that is different from the tally of votes produced by the vote tally system for that candidate or measure, and the difference for each race is equal to or less than one-half of one percent, the tally of votes produced by the vote tally system is the official tally of votes for that vote tally system.

      (d) If the second hand count conducted under this subsection results in a tally of votes for a candidate or measure that is different from the tally of votes produced by the vote tally system for that candidate or measure, and the difference in any race is greater than one-half of one percent, the county clerk shall conduct a hand count of all ballots counted by that vote tally system. The hand count is the official tally of votes for that vote tally system. If the hand count is the official tally of votes, not later than the 37th day after the election, the county clerk shall certify amended abstracts of votes to appropriate elections officials.

      (8) For purposes of conducting the hand counts under this section, the county clerk shall:

      (a) Retain custody of the ballots; and

      (b) Provide for security for the ballots and the information required to be collected under this subsection.

      (9) This section does not apply:

      (a) To precincts that are subject to a recount under ORS 258.161, 258.280 or 258.290.

      (b) If federal law requires a post-election hand count of ballots at the primary election, general election or special election to verify election results and the Secretary of State determines that the requirements of federal law are at least as stringent as the requirements of subsections (1) to (8) of this section. [2007 c.881 §2; 2009 c.511 §11; 2017 c.749 §42; 2019 c.562 §3; 2021 c.551 §8]

      254.532 Risk-limiting audit; procedures; rules. (1) As used in this section:

      (a) “Incorrect election outcome” means an election outcome that differs from the election outcome that would result from an accurate hand count of all validly cast ballots.

      (b) “Risk” means the probability that an audit procedure would fail to detect an incorrect election outcome.

      (c) “Risk limit” means the largest acceptable risk.

      (d) “Risk-limiting audit” means a set of procedures to ensure that the risk does not exceed the risk limit.

      (2) At each primary election, general election or special election, the county clerk for each county shall make a determination on whether to conduct a hand count of ballots in the manner described in ORS 254.529 or to conduct a risk-limiting audit in the manner described in this section.

      (3) If the county clerk makes a determination under subsection (2) of this section to conduct a risk-limiting audit, the county clerk shall conduct a risk-limiting audit for one or more single-county election contests. For an election contest involving more than one county, the county clerk may request that the Secretary of State or the county clerks in the other counties holding the election coordinate for the purpose of conducting a multicounty risk-limiting audit.

      (4) A risk-limiting audit conducted under this section must:

      (a) Permit members of the public to observe the procedures and verify the results of the audit;

      (b) Ensure that the entity directly involved in tabulating or examining ballots during the audit does not have the sole authority to establish the policies and regulations for the audit or to judge whether an audit has satisfied those policies and regulations;

      (c) Ensure that all ballots tabulated or examined during an audit are protected from loss, substitution, alteration or addition;

      (d) Ensure that the audit takes into account all forms of validly cast ballots, including accepted provisional ballots;

      (e) Include mechanisms that permit the entity conducting the audit to respond to particular allegations regarding election irregularities;

      (f) Be conducted in a timely manner that permits the initially reported outcome to be corrected before an election contest is certified;

      (g) Ensure that no change or error in technology used to assist with the audit could result in an undetected change in the results of the audit; and

      (h) Be based on direct visual human examination of elector-marked ballots.

      (5) A risk-limiting audit conducted under this section may not rely on a scanned image of a ballot or a machine interpretation of marks on a ballot to determine elector intent.

      (6) The Secretary of State, in consultation with county clerks and individuals or entities with significant statistical expertise in conducting audits, shall establish rules for the implementation of this section, including:

      (a) Setting the risk limit; and

      (b) Establishing the procedures to be used for conducting a risk-limiting audit. [2019 c.562 §2]

      254.535 Preservation of certain materials; retention of records. (1) Except as provided in subsection (3) of this section, each tally sheet, return sheet, record relating to a risk-limiting audit conducted under ORS 254.532, record relating to a hand count of ballots conducted under ORS 254.529 and ballot return identification envelope shall be preserved for two years after the election to which it relates.

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

      (3) In accordance with 42 U.S.C. 1974, any ballot, voter registration records and any other materials relating to any election at which a candidate is nominated or elected to federal office shall be retained for not less than 22 months following the date of the election. [1979 c.190 §275; 1999 c.410 §62; 2007 c.154 §48; 2019 c.562 §4]

      254.545 Duties of county clerk after election. Subject to ORS 254.548, the county clerk:

      (1) As soon as possible after any election, shall prepare abstracts of votes. The abstract for election of Governor shall be on a sheet separate from the abstracts for other offices and measures.

      (2) On completion of the abstracts, shall record a complete summary of votes cast in the county for each office, candidate for office and measure. The county clerk shall sign and certify this record.

      (3) Not later than the 27th day after the election, shall deliver a copy of the abstracts for other than county offices to the appropriate elections officials. The abstract for election of Governor shall be delivered separately to the Secretary of State as provided in Article V, section 4, of the Oregon Constitution.

     (4) Not later than the 35th day after the election, shall proclaim which county measure is paramount, if two or more approved county measures contain conflicting provisions.

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

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

      (7) As soon as possible after any election, shall send electronically the results of the election in each precinct to the Secretary of State. [1979 c.190 §276; 1987 c.267 §52; 1995 c.712 §66; 1999 c.410 §63; 1999 c.999 §55; 2005 c.157 §2; 2005 c.797 §48; 2009 c.720 §4; 2021 c.551 §5]

      254.546 Duties of county clerk after recall election; official declaration of result of recall election. (1) In the case of a recall election held on a date other than the date of the primary election or general election, the county clerk shall prepare an abstract of the votes and deliver it to the elections official authorized to order the recall election not later than the 27th day after the election.

      (2) Except as provided in subsection (3) of this section, for purposes of Article II, section 18, of the Oregon Constitution, the result of the recall election referred to in subsection (1) of this section shall be considered officially declared on the date the abstract of the votes is delivered.

      (3) If the elections official authorized to order the recall election is the Secretary of State, the Secretary of State shall officially declare the result of the election not later than the 35th day after the election. [1999 c.318 §36; 2005 c.797 §49; 2021 c.551 §6]

      254.548 Individual nominated or elected by write-in votes; form; rules. (1) An individual nominated or elected to a public office by write-in votes shall sign and file a form indicating that the individual accepts the nomination or office before the filing officer may issue a certificate of nomination or election. The Secretary of State by rule shall prescribe the form to be used under this section.

      (2) In the case of an individual nominated or elected by write-in votes to a public office:

      (a) Not later than the 39th day after the election, the filing officer shall:

      (A) Prepare and deliver by regular mail the form described in subsection (1) of this section to the individual; and

      (B) If the filing officer has the electronic mail address of the individual, prepare and deliver by electronic mail the form described in subsection (1) of this section to the individual;

      (b) Not later than the 41st day after the election, if the individual accepts the nomination or office, the individual shall sign and file the form with the filing officer; and

      (c) Not later than the 45th day after the election, if the individual files the form by the deadline specified in paragraph (b) of this subsection, the filing officer shall prepare and deliver a certificate of nomination or election to the individual and, if applicable, issue a proclamation declaring the election of the candidate to the office. [1991 c.719 §56; 2005 c.157 §1; 2014 c.67 §4; 2014 c.112 §4; 2015 c.43 §1; 2018 c.70 §9; 2021 c.551 §9]

      254.555 Secretary of State’s duties after election; Governor’s proclamation. (1) Except as provided in ORS 254.548, not later than the 37th day after any election, the Secretary of State, regarding offices for which the secretary receives filings for nomination, shall:

      (a) Canvass the votes for the offices, except the office of Governor after the general election.

      (b) Enter in a register of nominations after the primary election the name and, if applicable, major political party of each candidate nominated, the office for which the candidate is nominated and the date of entry.

      (c) Prepare and deliver a certificate of nomination or election to each candidate having the most votes for nomination for or election to the office. The Secretary of State shall sign the certificate under the seal of the state.

      (d) Issue a proclamation declaring the election of candidates to the offices.

      (2) Not later than the 37th day after the election:

      (a) The Secretary of State, regarding measures for which the secretary is the filing officer, shall canvass the votes for each measure.

      (b) The Governor shall issue a proclamation giving the number of votes cast for or against each such measure, and declaring the approved measures as the law on the effective date of the measure. If two or more approved measures contain conflicting provisions, the Governor shall proclaim which is paramount. [1979 c.190 §277; 1987 c.267 §53; 1995 c.712 §67; 1997 c.249 §76; 1999 c.999 §56; 2005 c.157 §3; 2011 c.9 §32; 2021 c.551 §7]

      254.565 Duties of city elections officer after election. Subject to ORS 254.548, the chief city elections officer:

      (1) After the primary election, shall enter in a register of nominations:

      (a) The name of each candidate for city office nominated at the primary election.

      (b) The office for which the candidate is nominated.

      (c) If applicable, the name of the major political party nominating the candidate.

      (d) The date of the entry.

      (2) After the general election, shall prepare and deliver a certificate of election to each qualified candidate having the most votes for election to a city office.

      (3) Not later than the 40th day after any election, shall canvass the vote on each city measure, and if two or more of the approved measures contain conflicting provisions, proclaim which is paramount. [Formerly 249.491; 1987 c.267 §54; 1995 c.712 §68; 1999 c.318 §39; 2005 c.157 §4; 2017 c.749 §31]

      254.568 Certificate of election required before taking oath of office. When a candidate elected to public office is required by law to take, file, subscribe or indorse an oath of office before entering upon the duties of the office, the candidate shall not take, file, subscribe or indorse the oath until the candidate has been granted a certificate of election. [1993 c.493 §101]

      254.575 Procedure when tie vote. When two or more candidates for the same office, after a full recount of votes, have an equal and the highest number of votes:

      (1) For election to state Senator or Representative, a party office, or a public office for which the elections officer is other than the Secretary of State, the elections officer shall have the candidates meet publicly to decide by lot who is elected.

      (2) For election to a public office other than Governor or those referred to in subsection (1) of this section, the Secretary of State by proclamation shall order a new election to fill the office.

      (3) For election to Governor, the Legislative Assembly at the beginning of the next regular session shall meet jointly and elect one of the candidates.

      (4) For nomination by one major political party to an office, the elections officer who receives filings for nomination to the office shall have the candidates meet publicly to decide by lot who is nominated. [1979 c.190 §279; 2001 c.965 §43]

SPECIAL ELECTION IN CASE OF DEATH OF NOMINEE

      254.650 Special election in case of death of nominee of major political party within 47 days of general election. (1) If the Secretary of State determines that a vacancy exists in the nomination of a candidate of a major political party for state office, that the vacancy is due to the death of the candidate and that the vacancy occurred after the 47th day before the date of the general election:

      (a) The election for that state office may not be held at the general election;

      (b) The county clerks may not count ballots cast for candidates for that state office at the general election; and

      (c) The Secretary of State shall order a special election as provided in ORS 254.655.

      (2) The candidates listed on the ballot at the special election shall be:

      (a) The candidates who were listed on the general election ballot, other than the candidate whose nomination became vacant; and

      (b) The candidate selected to fill the vacancy in the nomination as provided in ORS 249.190 or 249.205.

      (3) As used in this section “state office” means the office of Governor, Secretary of State, State Treasurer, Attorney General, state Senator or state Representative. [2003 c.542 §2; 2009 c.366 §2]

      254.655 Order calling special election; date. (1) If the Secretary of State determines that a special election is necessary under ORS 254.650, the secretary shall issue an order calling the election. The secretary shall issue the order not later than the fifth business day after the date of the general election.

      (2) The date of the special election shall be determined by the Secretary of State by rule. The special election shall be held not sooner than January 2 of the odd-numbered year following the date of the general election and not later than the Friday before the second Monday in January of the odd-numbered year.

      (3) A state voters’ pamphlet may not be prepared for any special election called under this section. [2003 c.542 §3; 2007 c.154 §49]

      254.660 Conduct of special election; rules. (1) Notwithstanding ORS 253.065, for a special election called under ORS 254.655, ballots shall be mailed to military or overseas electors not later than the 30th day before the date of the election. County clerks shall make ballots available to other absent electors not later than the 28th day before the date of the special election.

      (2) Notwithstanding ORS 254.545, not later than 5 p.m. of the third day after the date of the special election, the county clerk shall deliver to the Secretary of State a copy of the abstracts for the offices voted upon at the special election. The abstract for election of Governor shall be delivered separately to the secretary as provided in section 4, Article V of the Oregon Constitution.

      (3) Not later than 5 p.m. of the first day after the date of the special election, a county clerk who received a ballot originating in another county shall forward the ballot by overnight mail or delivery or by the most expeditious means available to the county clerk of the county from which the ballot originated.

      (4) Notwithstanding ORS 254.555, not later than 5 p.m. of the fourth business day after the date of the special election, the Secretary of State shall issue a proclamation declaring the election of candidates to offices or shall order recounts of the votes cast as provided in ORS 258.280.

      (5)(a) Notwithstanding ORS 258.161, a recount may not be conducted for any special election under this section unless the recount is required by ORS 258.280.

      (b) If a recount for any special election is required by ORS 258.280, the Secretary of State shall complete the recount as expeditiously as possible to minimize disruption to the sessions of the Legislative Assembly and shall issue a proclamation declaring the election of a candidate to office upon completion of the recount.

      (6) The cost of all special elections called under ORS 254.655 shall be paid by the state.

      (7) The ballot at a special election described in this section may not contain:

      (a) Any measure; or

      (b) Any candidate other than those candidates for which a special election is necessary.

      (8) If there is a vacancy in the nomination of a candidate at a special election called under ORS 254.655, the vacancy in the nomination shall be filled in the manner provided in ORS chapter 249 and the special election shall be held as scheduled.

      (9) When the office of state Senator or state Representative is vacant at the beginning of a session of the Legislative Assembly due to a special election called under ORS 254.655, the vacancy may not be filled as provided in ORS 171.051 unless, before entering upon the duties of the office to which the person was elected, the person elected at the special election dies, resigns or is declared disqualified by the house to which the person was elected.

      (10) The Secretary of State may adopt rules governing the procedures for conducting a special election required by ORS 254.650. [2003 c.542 §4; 2013 c.520 §19]

GENERAL PROVISIONS

      253.005 Definitions. 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 the date that ballots are mailed to electors as provided in ORS 254.470 (2)(a) or (b). [1979 c.190 §201; 1979 c.317 §10a; 1999 c.410 §27; 2007 c.154 §14]

      253.065 Delivery of out-of-state ballots; replacement ballots; attestation that mailed ballot was timely deposited; rules. (1) For electors with mailing addresses outside this state, the county clerk shall deliver a ballot:

      (a) Not later than the 45th day before the election to each military or overseas elector; and

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

      (2) The clerk shall deliver with the ballot instructions for marking and returning the ballot, a return identification envelope and, if used, a secrecy envelope. Except as provided in subsection (3) of this section, the return identification envelope must contain:

      (a) Space for the elector to sign the envelope.

      (b) A notice designed by rule by the Secretary of State, in consultation with the county clerks, explaining that by signing the ballot the elector is attesting under penalty of perjury that the ballot was mailed no later than the date of the election.

      (c) A summary of the applicable penalties for knowingly making a false statement, oath or affidavit under the election laws.

      (3) For a military or overseas elector as defined in ORS 253.501, the return identification envelope provided under subsection (2) of this section must contain:

      (a) Any information that a military or overseas elector is required to sign under the federal Help America Vote Act of 2002 (P.L. 107-252) or other federal law;

      (b) Space for the elector to sign; and

      (c) To the extent not required under paragraph (a) of this subsection, a notice designed by rule by the Secretary of State that ensures that any military or overseas elector who returns a ballot by mail makes a legally binding assertion that the ballot was mailed no later than the date of the election.

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

      (5) A replacement ballot provided under subsection (4) of this section may be mailed or shall be made available in the office of the county clerk.

      (6) If the county clerk determines that an 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 count only the first ballot received by the clerk and provide the elector’s name to the Secretary of State for further review. 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; 2011 c.607 §4; 2013 c.520 §1; 2021 c.473 §12; 2021 c.551 §2]

      253.070 Return of ballot from absent elector. (1) 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.

      (2) If the absent elector returns the marked ballot by any means other than by mail, the ballot must be received by a county clerk not later than 8 p.m. of the day of the election.

      (3) If the absent elector returns the marked ballot by mail:

      (a) The ballot must be received by a county clerk not later than 8 p.m. on the day of the election; or

      (b) The ballot must:

      (A) Have a postal indicator showing that the ballot was mailed not later than the date of the election; and

      (B) Be received at the office of the county clerk not later than seven calendar days after the date of the election.

      (4) If the elector returns the ballot by mail, and a postal indicator is not present or legible, the ballot shall be considered to be mailed on the date of the election and may be counted if the ballot is received no later than seven calendar days after the election.

      (5) If a county clerk receives a marked 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.

      (6) As used in this section, “postal indicator” has the meaning given that term in ORS 254.470. [Amended by 1957 c.641 §5; 1969 c.676 §3; 1979 c.190 §208; 1995 c.742 §13; 2013 c.520 §2; 2021 c.551 §3]

      253.080 Duties of clerk on receipt of ballot; manner of counting ballots. (1) Upon receipt of an envelope containing a marked ballot from an absent elector, the clerk shall keep it safely in the office and, before delivering the ballot for counting, shall compare the signature of the absent elector that appears on the ballot envelope with that upon the elector’s registration record.

      (2) Except as otherwise provided in this chapter, ballots for absent electors 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; 2013 c.520 §3; 2015 c.169 §1; 2021 c.551 §23]

MILITARY OR OVERSEAS ELECTORS

      253.500 Construction of military or overseas elector law. ORS 253.500 to 253.640 shall be liberally construed so that all military or overseas electors may be given an opportunity to fully exercise their voting rights. [Formerly 253.670; 2013 c.520 §4]

      253.510 Definitions for ORS 253.500 to 253.640. As used in ORS 253.500 to 253.640, “military or overseas 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; 2013 c.520 §5]

      253.515 Military or overseas elector procedures to conform to procedures for absent elector ballots. Except as otherwise provided in ORS 253.500 to 253.640, procedures relating to military or overseas electors’ ballots shall be as nearly as possible the same as procedures for other absent electors’ ballots. [1979 c.190 §218; 1985 c.720 §4; 2013 c.520 §6]

      253.530 Voting by spouse and dependents of military or overseas elector. (1) A spouse or dependent of a military or overseas 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 military or overseas elector.

      (2) A spouse or dependent of a military or overseas 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 military or overseas elector. The spouse or dependent shall be considered to have resided for more than 30 days at the last residence of the military or overseas elector in this state. [1955 c.332 §16; 1957 c.641 §15; 1965 c.153 §1; 1977 c.508 §11; 1979 c.190 §219; 2013 c.520 §7]

      253.540 Application for ballot by military or overseas elector. (1) Any military or overseas elector may secure a ballot by submitting an application as specified in subsection (2) of this section to the clerk of the county of the military or overseas 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 a ballot by a military or overseas elector shall be made in the form of a written request and may be submitted by mail, electronic mail, a facsimile machine or other means identified by the Secretary of State by rule. 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 military or overseas elector or as the spouse or a dependent of a military or overseas 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 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; 2013 c.520 §8; 2019 c.675 §2]

      253.545 County clerk duties upon receipt of application; application as registration. (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 military or overseas 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; 2013 c.520 §9]

      253.550 Applications made under federal statutes. 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 a ballot made under that law may be given the same effect as an application for a ballot made under ORS 253.500 to 253.640. [1955 c.332 §2; 1979 c.190 §222; 1991 c.71 §12; 2013 c.520 §10]

      253.565 Application for special ballot by military or overseas elector. (1) Any military or overseas elector may secure a special 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 ballot by normal mail delivery within the period provided for regular absent electors.

      (2) A military or overseas elector shall make the application for a special ballot in the form of a written request, which may be submitted by mail, electronic mail, a facsimile machine or other means identified by the Secretary of State by rule. The elector shall submit the application before the date of the applicable election to the clerk of the county of the military or overseas 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 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 military or overseas elector or as the spouse or a dependent of a military or overseas elector;

      (g) A statement of the facts that qualify the applicant to vote by means of a special 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 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 ballot shall be valid only for the election specified in the application.

      (4) The county clerk shall list on the special 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; 2013 c.520 §11; 2019 c.675 §3]

      253.575 County clerk duties upon receipt of application for special ballot; application as valid voter registration; replacement ballots. (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 ballot, instructions for filling in and returning the ballot and an envelope to use for the return. The 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; and

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

      (2) The completed and signed application submitted under ORS 253.565 shall constitute a valid registration for the elector.

      (3) If the county clerk receives an application for a special 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 military or overseas 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 military or overseas 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; 2013 c.520 §12; 2017 c.749 §53]

      253.585 Receipt of military or overseas elector ballots by Secretary of State. (1) The Secretary of State may receive ballots from military or overseas electors.

      (2) If the Secretary of State receives a ballot cast by a military or overseas 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 shall be considered to have been received by the county clerk as described in ORS 253.070 if:

      (a) The Secretary of State receives the ballot not later than 8 p.m. on the day of the election; or

      (b) The ballot:

      (A) Has a postal indicator showing that the ballot was mailed not later than the date of the election; and

      (B) Is received by the Secretary of State not later than seven calendar days after the date of the election.

      (4) If a military or overseas elector returns the ballot by mail, and a postal indicator is not present or legible, the ballot shall be considered to be mailed on the date of the election and may be counted if the ballot is received no later than seven calendar days after the election.

      (5) As used in this section “postal indicator” has the meaning given that term in ORS 254.470. [2003 c.64 §5; 2013 c.520 §13; 2021 c.551 §15]

      253.640 Coordination with federal authorities. All public officers having duties under ORS 253.500 to 253.640 shall coordinate their efforts with any federal authority to facilitate voting by military or overseas 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; 2013 c.520 §14]

      253.645 Electors called to active military duty. 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]

      253.690 Casting ballot using facsimile machine or by electronic mail; waiver; rules. (1) A military or overseas elector described in ORS 253.510 may cast a ballot using a facsimile machine or by electronic mail as provided in this section. Notwithstanding ORS 254.470 (10), a ballot cast under this section shall be counted only if the ballot:

      (a) Is received in the office of the county clerk not later than 8 p.m. on the day of the election;

      (b) Is accompanied by a return identification envelope containing the signature of the elector and a signed waiver described in subsection (2) of this section; and

      (c) The signature is verified as provided in subsection (4) of this section.

      (2) Each elector who casts a ballot under this section shall complete and submit a waiver described in this subsection. The elector shall attest to the information supplied on the waiver by signing the completed waiver. The Secretary of State by rule shall design the form of the waiver, which shall include all of the following:

      (a) Space for the elector to provide the elector’s full name, residence or mailing address, an electronic mail address, phone or facsimile number where the elector may be contacted and any other necessary information.

      (b) A waiver in substantially the following form:

______________________________________________________________________________

      I, _____________, acknowledge that by casting my voted ballot using a facsimile machine or by electronic mail I have waived my right to a secret ballot.

______________________________________________________________________________

      (c) A statement to notify the elector that the elector’s ballot will not be counted unless the elector has complied with the provisions of this section.

      (d) Space for the elector to provide the elector’s signature to attest to the information supplied.

      (3)(a) If a ballot is cast under this section using a facsimile machine, the return identification envelope and waiver shall also be submitted using a facsimile machine.

      (b) If a ballot is cast under this section by electronic mail, the return identification envelope and waiver shall also be submitted by electronic mail.

      (4) The county clerk shall verify the signature of each elector on the return identification envelope transmitted by facsimile machine or electronic mail under this section with the signature on the elector’s registration record, according to the procedure provided by rules adopted by the Secretary of State.

      (5) The Secretary of State shall adopt rules to administer this section and to ensure the secrecy of ballots cast using a facsimile machine or by electronic mail to the greatest extent possible. [2009 c.619 §2; 2010 c.9 §5; 2011 c.294 §1; 2013 c.520 §15; 2015 c.169 §2; 2021 c.551 §11]

      253.700 Duty to challenge ballot; procedures. (1) The county clerk, an elections official or any elector shall challenge the ballot of any person offering to vote as an absent elector whom the clerk, official 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 a ballot of a person offering to vote shall be made under oath or affirmation before the clerk 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 may administer the oath or affirmation required under this subsection. [1985 c.808 §32; 1999 c.410 §37; 2007 c.154 §18; 2013 c.520 §16]

      253.710 Alteration of application prohibited; exceptions. A person may not alter any information supplied on an application for a ballot for an absent elector except:

      (1) An elections officer in the performance of official duties.

      (2) The applicant. [1985 c.808 §33; 2013 c.520 §17]

137-079-0110

Authority and Purpose

These rules set out guidelines for the operation of the Address Confidentiality Program set forth in ORS 192.820 through 192.868, including the designation of Application Assistants, the process by which an individual may apply to participate in the Address Confidentiality Program, the certification of a program participant, ongoing participation and termination of participation in the Address Confidentiality Program, the responsibility of public agencies to use the substitute address provided by the Address Confidentiality Program, conditions under which a participant’s actual address may be disclosed or participation in the Address Confidentiality Program may be verified, service of process on a participant and other aspects of program operation.

Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850

Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850

History:

DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07

137-079-0120

Definitions

(1) “Department” is the Oregon Department of Justice.

(2) “Applicant” is an individual who completes and submits an application to participate in the Address Confidentiality Program.

(3) “Application Assistant” is an individual designated by the Department to assist applicants with the completion and submission of an application to the Address Confidentiality Program, as further defined in ORS 192.820(3).

(4) “Application Assistant Agreement” is the agreement signed by the Department and an Application Assistant, which specifies the responsibilities of the Application Assistant and the Department.

(5) “Mailing Address” is an address to which a program participant requests mail to be sent by the Address Confidentiality Program. A mailing address may be a post office box, if the participant’s actual address is a street address in Oregon.

(6) “Program” is the Address Confidentiality Program established in ORS 192.820–192.868.

(7) “Administrative Coordinator” is the person designated by the Department to provide programmatic coordination to the Program.

Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850

Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850

History:

DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07

137-079-0130

Application Assistant Certification

(1) Application Assistants shall be designated by the Department upon satisfaction of the requirements included in this section and in compliance with ORS 192.826 and 192.854.

(2) Requirements for designation of an Application Assistant shall include:

(a) Current service in a public or private entity as described in ORS 192.854(1);

(b) At least forty (40) hours of comprehensive training in domestic violence, sexual assault and stalking in-person advocacy, which may include the training required for in-person domestic violence, sexual assault and stalking responders by the Department of Human Services, or comparable training, as determined by the Administrative Coordinator. Topic areas covered by such training shall include comprehensive safety planning and confidentiality;

(c) Completion of training provided by the Department or designee on the Program and the role of the Application Assistant;

(d) Signing an Application Assistant Agreement with the Department, and specifying the agency which the Application Assistant is currently serving; and

(e) Such other requirements as the Department may require in its discretion in order to carry out the activities enumerated in ORS 192.820 through ORS 192.865. When an Application Assistant applies to renew a designation, these requirements may include but are not limited to supplemental or additional training.

(3) Notwithstanding the above requirements, designation and the renewal of designation of an Application Assistant shall be at the discretion of the Department.

(4) The Application Assistant Agreement shall be for a term of two (2) years, and shall be renewable upon request of the Application Assistant and upon a determination by the Department in its discretion that the Application Assistant continues to fulfill the requirements for designation, including to continue to serve the agency specified in the Application Assistant Agreement.

(5) When an Application Assistant who has been designated leaves the agency specified in the Application Assistant Agreement, the Agreement shall terminate and the Application Assistant designation shall be cancelled. The Application Assistant may apply for a new designation and shall be designated according to the provisions of this section and ORS 192.820–192.854.

(6) The Department shall keep a list of agencies at which Application Assistants are currently designated and shall make the information available to the public.

(7) If the Department fails to receive sufficient funding to allow the Program to operate, the Department shall notify each currently designated Application Assistant that the Program is no longer accepting applications from prospective participants and is terminating the Application Assistant Agreement. If, after sending such notice, the Department receives funding to allow the Program to resume, the Department shall notify each Application Assistant whose designation was cancelled due to lack of funding, and shall offer a process for redesignation.

Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850

Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850

History:

DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07

137-079-0140

Application Process

(1) The Program shall create an Address Confidentiality Program Application that includes the requirements set forth in ORS 192.826, as well as the address to which the application must be sent. The Program shall make copies of the application available to all currently designated Application Assistants, along with instructions as to how the application must be submitted. The Program shall make copies of the application available to others at the discretion of the Administrative Coordinator and in compliance with the requirements of these rules and 192.826.

(2) In addition to the requirements set forth in ORS 192.826, the Address Confidentiality Program Application and/or accompanying written materials provided to the applicant as part of the application process shall:

(a) Specify the term of certification to the Program as described in section 137-079-0150(3);

(b) Specify any other rights and obligations of a Program participant pursuant to ORS 192.820–192.868; and

(c) Inform the applicant that participation in the Program will cause a delay in the receipt of mail sent to the Program substitute address and forwarded to the Program participant by the Program.

(3) “Other forms of evidence” as described in ORS 192.826(3)(b)(D) include any written or oral evidence from which an Application Assistant can reasonably conclude that the applicant is a victim of domestic violence, stalking or a sexual offense within the meaning of ORS 192.820(8)–(10).

(4) The evidence required to be contained by the application by ORS 192.826(3)(b) shall consist of a statement by the Application Assistant that the Application Assistant has reviewed and considered evidence that meets the requirements of 192.826 and paragraph 3 of this section.

(5) The Program shall review every application it receives for completeness. If an application is received by the Program that is incomplete and therefore cannot be certified, the Administrative Coordinator shall make reasonable efforts to remedy the incompletion. If the application is unable to be completed within thirty (30) days of receipt by the Program, the Administrative Coordinator shall notify the applicant that the application has been denied, and that the applicant may submit a new, complete application to the Program at any time. The Administrative Coordinator may exercise discretion and extend the thirty (30) day period for a reasonable amount of time if the Administrative Coordinator determines that such extension serves the purpose of the Program.

(6) When an application is denied by the Department for any reason, the Administrative Coordinator shall inform the applicant in writing that the application has been denied and the reason for the denial. The notice shall state that the Program participant has thirty (30) days from the date of the notice in which to submit to the Program an appeal of the denial and shall provide the address to which the appeal must be sent. The notice shall specify:

(a) That the appeal must be in writing, signed by the Program participant, and must include information as to why the application should be approved;

(b) That the appeal will be reviewed by the Attorney General or designee and determined within five (5) business days of receipt by the Program;

(c) That the applicant will be notified in writing of the determination; and

(d) That the decision of the Attorney General or designee is final.

Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850

Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850

History:

DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07

137-079-0150

Certification Process for Program Participation

(1) When an application received by the Program is determined to be complete and the information it contains is in compliance with Program requirements and the application is approved by the Attorney General or designee, the Program shall promptly certify the applicant to the Program.

(2) As soon as an applicant is certified as a Program participant, the Program shall assign a substitute address in compliance with ORS 192.822(2) and shall:

(a) Notify the Program participant of that address, as well as the requirements for its use;

(b) Provide the Program participant with the authorization card described in ORS 192.826(5); and

(c) Notify the Program participant of any additional information that will enable the Program participant to fully participate in the Program.

(3) Per ORS 192.826(6), the term of certification of a Program participant to the Program shall be for a period of four (4) years.

(4) A Program participant may renew the certification by filing an application for renewal with the Program at least thirty (30) days prior to the expiration of the current certification. No later than sixty (60) days prior to the expiration of the current certification, the Administrative Coordinator shall send the Program participant the information and materials needed in order to file the application for renewal, as well as the date by which the application must be filed. The application for renewal shall contain all the information required by ORS 192.826. For purposes of a renewal of certification, the evidence required to be included in the application by ORS 192.826(3)(b) may consist of a statement by the Program participant that the information included in the original application remains materially unchanged and therefore the Program participant continues to need the services provided by the Program. The Administrative Coordinator may waive the thirty (30) day requirement described in this paragraph if the Administrative Coordinator determines that the reason for waiving the requirement serves the purpose of the Program.

(5) If the term of certification described in paragraph 3 of this section has ended and the Program participant has not filed an application for renewal of certification, the Program shall cancel the certification.

(6) A Program participant’s certification may be cancelled at the request of the participant. The request must be in writing and signed by the participant. The signature shall be notarized by a notary public or witnessed by a currently certified Application Assistant. The cancellation shall be considered effective the next business day after the request is received by the Program. The Program shall immediately confirm this cancellation in writing and shall inform the Program participant that all Program services have been discontinued. The Program will return all mail received, indicating that the addressee is no longer at the Program address.

(7) In addition to the cancellation described in paragraph 5 of this section, a Program participant’s certification shall be cancelled by the Program:

(a) When the Program participant has obtained a legal name change;

(b) When the Program participant has violated statutory or Program requirements; or

(c) When mail forwarded to the Program participant is returned to the Program as undeliverable.

(8) When certification is cancelled pursuant to (7)(a) of this section, prior to cancellation, the Administrative Coordinator shall notify the Program participant that the Program participant may apply for certification under the new legal name, as described in section 137-079-0160(1) of these rules.

(9) When certification is cancelled by the Program for any reason, the Administrative Coordinator shall send a written notice of the cancellation to the Program participant. The notice shall specify the reason(s) for cancellation and shall state that the Program participant has thirty (30) days from the date of the notice in which to submit to the Program an appeal of the cancellation. The notice shall specify:

(a) That the appeal must be in writing, signed by the Program participant, and must include information as to why the certification should not be cancelled;

(b) That the appeal will be reviewed by the Attorney General or designee and determined within five (5) business days of receipt by the Program;

(c) That the applicant will be notified in writing of the determination; and

(d) That the decision of the Attorney General or designee is final.

(10) When certification is cancelled by the Program pursuant to paragraph (7)(a) or (7)(b) of this section, the written notice described in paragraph 9 of this section shall state, in addition to the information specified in paragraph (9)(a)–(c), that the Program will continue to forward mail to the Program participant for thirty (30) days after the date of the notice if no appeal is received or, if an appeal is received within thirty (30) days, until the appeal is resolved.

(11) When certification is cancelled by the Program pursuant to paragraph 7(c) of this section, the written notice described in paragraph 9 of this section shall state, in addition to the information specified in paragraph (9)(a)–(c), that all Program services have been discontinued and that the Program will return mail received for the Program participant to the Post Office to return to the sender.

(12) If the Department fails to receive sufficient funding to allow the Program to operate, the Department shall notify each currently certified Program participant that the Program is no longer able to receive and forward the Program participant’s mail and is canceling the Program participant’s participation in the Program. The notice shall specify a reasonable amount of time, no less than 30 days, during which the Program will continue to receive and forward the Program participant’s mail, and in which the Program participant must establish a new address and inform other agencies of change of address. If, after sending such notice, the Department receives funding to allow the Program to resume, the Department shall notify each Program participant whose certification was cancelled due to lack of funding, and shall describe the process for recertification.

(13) When certification is cancelled for any reason, and in addition to information described in paragraphs (2)–(11) of this section, the Program shall send the Program participant information instructing the Program participant:

(a) To return the authorization card to the Program immediately; and

(b) To notify persons and public bodies using the substitute address as the address of the Program participant that the substitute address is no longer valid for the Program participant. The instruction shall include the information that it is the Program participant’s responsibility to provide public bodies and others with the Program participant’s new address.

Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850

Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850

History:

DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07

137-079-0160

Ongoing Program Participation

(1) When a Program participant notifies the Program of a legal name change pursuant to ORS 192.832(1), and requests continued participation in the Program, the Administrative Coordinator shall send the Program participant an application to apply to the Program under the new legal name, as well as the information required in order to complete the new application. The new application shall be received and processed according to the provisions of 137-079-0140.

(2) When a Program participant notifies the Program of a legal name change pursuant to ORS 192.832(1), and does not request to continue participation in the Program, the Administrative Coordinator shall send the Program participant notice as described in section 137-079-0150(9), (10) and (13) of these rules.

(3) When a Program participant notifies the Program of a change of address or telephone number in writing pursuant to ORS 192.832(2), the Administrative Coordinator shall request from the Program participant such information as is necessary to determine whether the Program participant is still eligible to be certified for participation in the Program.

(a) If the Administrative Coordinator determines that the Program participant remains eligible for participation, the Administrative Coordinator will enter the new information in Program records so that mail sent to the Program and required to be forwarded to the Program participant is forwarded to the correct Program participant address.

(b) If the Administrative Coordinator determines that the Program participant is no longer eligible for participation, the Administrative Coordinator shall send the Program participant notice of cancellation as described in section 137-079-0150(7)–(13) of these rules.

(4) The Administrative Coordinator shall establish a procedure in order to assure records are kept with regard to certified and registered mail received for Program participants.

Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850

Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850

History:

DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07

137-079-0170

Responsibility of Public Bodies to Use Substitute Address

(1) Upon certification of a Program participant as described in 137-079-0150(1) and (2), the Program shall notify the Program participant in writing of the requirements of public bodies to use the substitute address and the Program participant’s responsibility with regard to requesting that public bodies use the address, pursuant to ORS 192.836(1) and (2).

(2) In addition to the information described in paragraph 1 of this section, the Program shall:

(a) Provide the Program participant with specific information, as such information is available, regarding the use of the substitute address with various public bodies, including information, as available, as to how the delays in mail receipt caused by participation in the Program may impact the benefits or services provided by public bodies; and

(b) Notify the Program participant that a public body may request a waiver to not use the substitute address, pursuant to ORS 192.836(3) and (4).

(3) When a Program participant submits a current and valid authorization card to a public body as described in ORS 192.836(2), the public body employee creating a new record may make a file photocopy of the authorization card and immediately return the card to the Program participant.

(4) The Program will accept and retain information from Program participants regarding public bodies that refuse to accept the substitute address for the creation of public records or modification of existing records.

Statutory/Other Authority: ORS 192.860

Statutes/Other Implemented: ORS 192.860 - 192.868

History:

DOJ 5-2008, f. 3-28-08, cert. ef. 4-1-08

DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07

137-079-0180

Public Body Exemption Waiver

(1) A request for a waiver from the requirements of the Program made by a public body pursuant to ORS 192.836(3) may be for an individual Program participant, for a class of Program participants or for all Program participants. The request must be in writing and must contain:

(a) The information specified in ORS 192.836(3)(a) and (b), including a description of the specific record or records for which the exemption is requested and identifying the individual(s) who will have access to the record; and

(b) A description of the alternatives to the waiver the public body has considered and why those alternatives are not feasible.

(2) When the Program receives a request for a waiver pursuant to ORS 192.836(3), the Administrative Coordinator will determine if the request meets the requirements of 192.836(3). If the request is not in writing, or fails to include the explanation or the affirmation described in 192.836(3)(a) and/or (b), or is otherwise incomplete, the Administrative Coordinator will inform the requestor of the incompletion within five (5) business days of receiving the request, and that no determination will be made until the request is complete.

(3) When the Program receives a request for a waiver that is complete, the Attorney General or designee shall consider whether the public body submitting the request has demonstrated its inability to meet its statutory or administrative obligations by possessing or using the substitute address. The Attorney General or designee’s acceptance or denial of the request:

(a) Shall be recorded pursuant to ORS 192.836(4);

(b) Shall specify the duration of the waiver, if approved, which shall be based upon the reason or reasons for which the waiver is approved; and

(c) Shall be sent to the requestor within ten (10) business days of the date on which the complete request was received.

Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850

Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850

History:

DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07

137-079-0190

Verification/Proof of Program Participation (192.848(4))

(1) A request for verification of a Program participant’s participation in the Program made by a representative of a public body for an official purpose pursuant to ORS 192.848(4) may be made to the Program in writing or verbally. The person requesting verification, the public body they represent, and the purpose for which verification is requested must be provided and will be recorded by the Program.

(2) If the Administrative Coordinator determines that the request for verification is being made by a public body for an official reason, the Administrative Coordinator may verify the Program participant’s participation. A signed release from the Program participant for whom the verification is requested may be required by the Department in support of the request.

(3) The verification of participation in the Address Confidentiality Program may be made in writing or verbally at the discretion of the Administrative Coordinator.

(4) A request for verification may include more than one Program participant, if the request satisfies the requirements of ORS 192.848(4) and this section for each Program participant for whom the request is made.

(5) A non-governmental entity or individual may submit a request for verification of a Program participant’s participation in the Program. The request:

(a) Must be in writing;

(b) Must include the reason for which the verification is requested; and

(c) Must be supported by a signed release from the Program participant for whom the verification is requested. When such a request and supporting documentation are received, the Administrative Coordinator may, at his or her discretion, verify the Program participant’s participation to the requestor.

Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850

Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850

History:

DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07

137-079-0200

Disclosure of Information Prohibited – Exceptions

(1) When the Department discloses a Program participant’s actual address or telephone number pursuant to a court order issued in accordance with ORS 192.848(1)(a), the disclosure shall include in writing the statutory mandate specified in 192.848(2) against re-disclosure of the address or telephone number, except pursuant to a court order. The disclosure may also include any other terms or requirements that will best protect the safety of the Program participant.

(2) The Department shall keep a record of requests for disclosure of a Program participant’s actual address or telephone number and of the response to each request.

(3) The Program will accept and retain information from Program participants and from others regarding public bodies that disclose a Program participant’s actual address or telephone number in violation of ORS 192.844, 192.848 and these rules.

Statutory/Other Authority: ORS 192.860

Statutes/Other Implemented: ORS 192.860 - 192.868

History:

DOJ 5-2008, f. 3-28-08, cert. ef. 4-1-08

DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07

137-079-0210

Service of Process

(1) Service of process by mail on a Program participant shall be forwarded in accordance with general Program procedures according to the manner in which it was received.

(2) When personal service on a Program participant is required, it may be delivered to the Department of Justice at 1162 Court Street NE, Salem, Oregon. The recipient of such service shall immediately notify, by telephone, the Administrative Coordinator of such service.

(3) The Program shall forward personally served documents to the Program participant at the participant’s actual or mailing address within one (1) business day of the documents being served. When documents that have been personally served are forwarded to the Program participant, the Program shall include a copy of the notice described in section 137-079-0150(2)(c) of these Rules.

Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850

Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850

History:

DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07

ELECTION OFFENSES

(Administration and Enforcement)

      260.315 Distribution of copies of law. (1) The Secretary of State, at the expense of the state, shall furnish to the other filing officers copies of this chapter.

      (2) A filing officer shall deliver a copy of this chapter to each candidate or person whom the officer has reason to believe is required to file a statement with the officer under ORS 260.057, 260.076, 260.083, 260.112 or 260.118. [Formerly 260.030; 1979 c.190 §364; 1993 c.493 §80; 2001 c.82 §10; 2003 c.542 §22; 2005 c.809 §45; 2013 c.758 §13]

      260.345 Complaints or other information regarding violations; action by Secretary of State and Attorney General. (1) Any elector may file with any filing officer a written complaint alleging that a violation of an election law or rule adopted by the Secretary of State under ORS chapters 246 to 260 has occurred and stating the reason for believing that the violation occurred and any evidence relating to it. A complaint and any evidence relating to it may be filed electronically. A complaint alleging a violation involving the Secretary of State, a candidate for the office of Secretary of State, or any political committee or person supporting the Secretary of State or a candidate for the office of Secretary of State may be filed with the Attorney General. The Secretary of State or Attorney General shall not accept an anonymous complaint.

      (2) The Secretary of State by rule shall prescribe the procedure for processing a complaint filed with any person other than the Secretary of State. If the complaint concerns the Secretary of State, any candidate for the office of the Secretary of State, or any political committee or person supporting the candidacy of the Secretary of State or of another person for the office of Secretary of State, the complaint and any additional information relating to the complaint shall be sent to the Attorney General.

      (3) Upon receipt of a complaint under subsection (1) or (2) of this section the Secretary of State or Attorney General immediately shall examine the complaint to determine whether a violation of an election law or rule has occurred and shall make any investigation the Secretary of State or Attorney General considers necessary. Except as provided in this subsection, within 48 hours of receiving a complaint under subsection (1) or (2) of this section, the Secretary of State or Attorney General shall notify the person who is the subject of the complaint that a complaint has been received. If the Secretary of State or Attorney General receives a complaint or complaints involving 25 or more individuals, political committees or petition committees in any 24-hour period, the Secretary of State or Attorney General need not notify the persons who are the subjects of those complaints within 48 hours of receiving the complaints but shall notify those persons not later than 10 business days after receiving the complaint or complaints.

      (4) If the Secretary of State believes after an investigation under subsection (3) of this section that a violation of an election law or rule has occurred, the secretary:

      (a) In the case of a violation that is subject to a penalty under ORS 260.993, immediately shall report the findings to the Attorney General and request prosecution. If the violation involves the Attorney General, a candidate for that office or a political committee or person supporting or opposing the Attorney General or a candidate for that office, the Secretary of State shall appoint another prosecutor for that purpose;

      (b) In the case of a violation not subject to a penalty under ORS 260.537 or 260.993, may impose a civil penalty under ORS 260.995; or

      (c) In the case of a violation under ORS 260.537, may institute civil proceedings in the manner described in ORS 260.537.

      (5) Upon receipt of a complaint or report under subsection (1), (2) or (4) of this section involving an alleged violation subject to a penalty under ORS 260.993 or an alleged violation of ORS 260.537, the Attorney General or other prosecutor immediately shall examine the complaint or report to determine whether a violation of an election law has occurred. If the Attorney General or prosecutor determines that a violation has occurred, the Attorney General or prosecutor immediately shall begin prosecution or civil proceedings in the name of the state. The Attorney General or other prosecutor shall have the same powers in any county of this state as the district attorney for the county.

      (6) Upon receipt of a complaint under subsection (1) or (2) of this section involving an alleged violation of an election law or rule not subject to a penalty under ORS 260.537 or 260.993, the Attorney General shall examine the complaint to determine whether a violation of an election law or rule has occurred and shall make any investigation the Attorney General considers necessary. If the Attorney General believes after an investigation that a violation of an election law or rule has occurred, the Attorney General may impose a civil penalty under ORS 260.995.

      (7) In the case of an alleged violation subject to a civil penalty under ORS 260.995 or an alleged violation of ORS 260.537, a complaint shall be filed by an elector under this section no later than 90 days following the election at which a violation of an election law or rule is alleged to have occurred, or 90 days following the date the violation of an election law or rule is alleged to have occurred, whichever is later.

      (8) A filing officer having reason to believe that a violation of an election law or rule has occurred shall proceed promptly as though the officer had received a complaint. Except as provided in ORS 260.234, a filing officer shall proceed under this subsection no later than two years following the election at which a violation of an election law or rule is alleged to have occurred, or two years following the date the violation of an election law or rule is alleged to have occurred, whichever is later. If a filing officer has not proceeded within two years because of fraud, deceit, misleading representation or the filing officer could not have reasonably discovered the alleged violation, the filing officer shall proceed no later than five years following the election at which a violation of an election law or rule is alleged to have occurred, or five years following the date the violation of an election law or rule is alleged to have occurred, whichever is later. [Formerly 260.105; 1973 c.744 §24; 1979 c.190 §365; 1987 c.718 §2; 1987 c.727 §9; 1989 c.171 §35; 1989 c.301 §1; 1989 c.571 §2; 1991 c.719 §32; 1993 c.493 §81; 2009 c.818 §23; 2011 c.607 §14; 2021 c.291 §3]

      260.351 Court proceedings for election law violations, generally. A proceeding for violation of an election law shall be advanced on the docket of the court upon request of any party. However, the court may postpone or continue the trial if justice demands. As a condition of a continuance or postponement the court may impose costs. No petition shall be dismissed without the consent of the prosecutor, unless it is dismissed by the court. [Formerly 260.375; 1985 c.471 §15]

      260.355 Deprivation of nomination or office for deliberate and material election violation. If, after a plea of guilty by or verdict of guilty against a person nominated or elected to a public office in a criminal prosecution of the person for violation of an election law in regard to either the person’s nomination or election, the court determines that the violation was deliberate and material, the court, in addition to any other punishment it may impose, shall deprive the person of the nomination or, if the person was elected to an office other than state Senator or state Representative, of the office. In making the determination the court, in its discretion, may hear evidence, by testimony in open court or, if authorized by the court, by deposition, at a specified time and upon notice to the parties as the court may direct. [1971 c.749 §30; 1979 c.190 §367]

      260.365 Election or appointment after deprivation of nomination or office for violation. (1) A person nominated or elected to public office, and whose nomination or election has been annulled for violation of an election law, shall not serve, during the term of the office, in any office or vacancy in any office or position of trust, honor or emolument, whether elected or appointed, in this state.

      (2) An appointment or election to an office or position of trust, honor or emolument made in violation of subsection (1) of this section shall be void. [Formerly 260.470; 1979 c.190 §368]

      260.368 Investigations of violations of prohibition on payment based on number of signatures obtained on petition. For the purpose of investigating violations of section 1b, Article IV of the Oregon Constitution, the Secretary of State, Attorney General and Commissioner of the Bureau of Labor and Industries may cooperate and share information as considered necessary by the secretary, Attorney General or commissioner. [2007 c.848 §6]

(Particular Offenses)

      260.402 Contributions in false name. (1) A person may not directly or indirectly reimburse a person for making a contribution or donation, or make a contribution or donation in any name other than that of the person that in truth provides the contribution or donation, to:

      (a) Any other person, relating to a nomination or election of any candidate or the support of or opposition to any measure;

      (b) Any political committee;

      (c) Any covered organization required to file a donor identification list under ORS 260.281; or

      (d) A petition committee required to file a statement under ORS 260.118.

      (2) Except as provided in subsection (3) of this section, a person, political committee, covered organization or petition committee may not knowingly receive a contribution or donation prohibited under subsection (1) of this section or enter or cause the contribution or donation to be entered in accounts or records in another name than that of the person that actually provided the contribution or donation.

      (3) If a person receives a contribution from a political committee, the person may enter the contribution into accounts or records as received from the political committee.

      (4) As used in this section, “covered organization” and “donation” have the meanings given those terms in ORS 260.275. [Formerly 260.210; 1973 c.744 §25; 1979 c.190 §369; 1991 c.911 §1; 2005 c.797 §19; 2005 c.809 §15; 2007 c.848 §30; 2009 c.818 §16; 2019 c.637 §5]

      260.405 [1967 c.593 §2; 1971 c.749 §55; renumbered 260.542]

      260.407 Use of contributed amounts for certain purposes. (1)(a) Except as provided in paragraph (b) of this subsection, amounts received as contributions by a candidate, the principal campaign committee of a candidate or the principal campaign committee of a holder of public office may be:

      (A) Used to defray any expenses incurred in connection with the recipient’s duties as a holder of public office;

      (B) Transferred to any national, state or local political committee of any political party;

      (C) Contributed to any organization described in section 170(c) of the Internal Revenue Code or to any charitable corporation as defined in ORS 128.620; or

      (D) Used for any other lawful purpose.

      (b) Amounts received as contributions by a candidate, the principal campaign committee of a candidate for public office or the principal campaign committee of a holder of public office may not be:

      (A) Converted by any person to any personal use other than to defray any expenses incurred in connection with the person’s duties as a holder of public office or to repay to a candidate any loan the proceeds of which were used in connection with the candidate’s campaign;

      (B) Except as provided in this subparagraph, used to pay any money award as defined in ORS 18.005 included as part of a judgment in a civil or criminal action or any civil penalty imposed by an agency as defined in ORS 183.310 or by a local government as defined in ORS 174.116. Contributions described in this paragraph may be used to pay a civil penalty imposed under this chapter, other than a civil penalty imposed for a violation of this section or ORS 260.409;

      (C) Except as provided in this subparagraph, used to pay any legal expenses incurred by the candidate or public official in any civil, criminal or other legal proceeding or investigation that relates to or arises from the course and scope of the duties of the person as a candidate or public official. Contributions described in this paragraph may be used to pay legal expenses incurred by the candidate or public official in connection with a legal proceeding brought under ORS chapters 246 to 260, other than a proceeding brought under this section or ORS 260.409; or

      (D) Used to make payments in connection with a nondisclosure agreement relating to workplace harassment. A nondisclosure agreement made in violation of this subparagraph is void and may not be enforced by a court of this state.

      (2)(a) Except as provided in paragraph (b) of this subsection, amounts received as contributions by a political committee that is not a principal campaign committee may be:

      (A) Used to repay to the political committee any loan the proceeds of which were used in connection with the campaign;

      (B) Transferred to any national, state or local political committee of any political party;

      (C) Contributed to any organization described in section 170(c) of the Internal Revenue Code or to any charitable corporation as defined in ORS 128.620; or

      (D) Used for any other lawful purpose.

      (b) Amounts received as contributions by the political committee may not be:

      (A) Converted by any person to any personal use;

      (B) Except as provided in this subparagraph, used to pay any money award as defined in ORS 18.005 included as part of a judgment in a civil or criminal action or any civil penalty imposed by an agency as defined in ORS 183.310 or by a local government as defined in ORS 174.116. Contributions described in this subsection may be used to pay a civil penalty imposed under this chapter, other than a civil penalty imposed for a violation of this section or ORS 260.409;

      (C) Except as provided in this subparagraph, used to pay any legal expenses incurred by a treasurer or director of a political committee in any civil, criminal or other legal proceeding or investigation that relates to or arises from the course and scope of the duties of the person as a treasurer or director. Contributions described in this subsection may be used to pay legal expenses incurred by a treasurer or director in connection with a legal proceeding brought under ORS chapters 246 to 260, other than a proceeding brought under this section or ORS 260.409; or

      (D) Used to make payments in connection with a nondisclosure agreement relating to workplace harassment. A nondisclosure agreement made in violation of this subparagraph is void and may not be enforced by a court of this state.

      (3)(a) Except as provided in paragraph (b) of this subsection, amounts received as contributions by a chief petitioner or treasurer of a petition committee may be:

      (A) Used to repay to the chief petitioner any loan the proceeds of which were used in connection with the initiative, referendum or recall petition;

      (B) Transferred to any national, state or local political committee of any political party;

      (C) Contributed to any organization described in section 170(c) of the Internal Revenue Code or to any charitable corporation as defined in ORS 128.620; or

      (D) Used for any other lawful purpose.

      (b) Amounts received as contributions by a chief petitioner or treasurer of a petition committee may not be:

      (A) Converted by any person to any personal use;

      (B) Except as provided in this subparagraph, used to pay any money award as defined in ORS 18.005 included as part of a judgment in a civil or criminal action or any civil penalty imposed by an agency as defined in ORS 183.310 or by a local government as defined in ORS 174.116. Contributions described in this subsection may be used to pay a civil penalty imposed under this chapter, other than a civil penalty imposed for a violation of this section or ORS 260.409;

      (C) Except as provided in this subparagraph, used to pay any legal expenses incurred by a chief petitioner or the treasurer of a petition committee in any civil, criminal or other legal proceeding or investigation that relates to or arises from the course and scope of the duties of the person as a chief petitioner or treasurer. Contributions described in this subsection may be used to pay legal expenses incurred by a chief petitioner or treasurer in connection with a legal proceeding brought under ORS chapters 246 to 260, other than a proceeding brought under this section or ORS 260.409; or

      (D) Used to make payments in connection with a nondisclosure agreement relating to workplace harassment. A nondisclosure agreement made in violation of this subparagraph is void and may not be enforced by a court of this state.

      (4) As used in this section:

      (a) “Contribution” and “expenditure” include a contribution or expenditure to or on behalf of an initiative, referendum or recall petition.

      (b) “Funds donated” means all funds, including but not limited to gifts, loans, advances, credits or deposits of money that are donated for the purpose of supporting the activities of a holder of public office. “Funds donated” does not mean funds appropriated by the Legislative Assembly or another similar public appropriating body or personal funds of the office holder donated to an account containing only those personal funds.

      (c) “Public office” does not include national or political party office.

      (d) “Workplace harassment” means conduct that constitutes discrimination prohibited by ORS 659A.030, including conduct that constitutes sexual assault as defined in ORS 181A.323. [1995 c.1 §18; 1999 c.999 §20; 2007 c.877 §14; 2009 c.818 §17; 2010 c.9 §9; 2013 c.758 §14; 2017 c.749 §40; 2019 c.462 §1]

      260.409 Expenditures for professional services rendered by candidate. A candidate or principal campaign committee of a candidate may not use amounts received as contributions by the candidate or committee to make an expenditure to or on behalf of the candidate in consideration for the rendering of professional services by the candidate. [2005 c.809 §12]

      260.413 Prohibition on committee providing consideration in connection with nondisclosure agreement relating to workplace harassment. (1) In addition to the requirements set forth in ORS 260.407, a political committee or petition committee may not provide any form of consideration in connection with a nondisclosure agreement relating to workplace harassment.

      (2) As used in this section:

      (a) “Consideration in connection with a nondisclosure agreement” includes any form of consideration provided in exchange for the silence of an individual on issues relating to workplace harassment, including but not limited to:

      (A) Money;

      (B) Stock, personal property or other items with a resale value;

      (C) Severance pay or benefits for an individual who resigned or was fired from a place of employment without cause;

      (D) The promise of a positive reference or assistance in obtaining future employment in a position in which the individual’s salary is paid for with public moneys;

      (E) The promise of a bonus payment of moneys in addition to the individual’s salary;

      (F) Alternative work arrangements that have the effect of reducing the amount of work required to be performed by the individual, or of removing the individual from the workplace; or

      (G) Any agreement that terminates the employment of the individual and includes a waiver of past or future claims against the holder of public office, the public body or any public employee.

      (b) “Workplace harassment” means conduct that constitutes discrimination prohibited by ORS 659A.030, including conduct that constitutes sexual assault as defined in ORS 181A.323. [2019 c.462 §5]

      260.422 Acceptance of employment where compensation to be contributed. No person shall accept employment with the understanding or agreement, express or implied, that the person will contribute any of the compensation to be received because of the employment to or on behalf of a candidate or political committee in support of the nomination or election of the candidate or in support of or in opposition to a measure. [1971 c.749 §39; 1973 c.744 §27; 1979 c.190 §371]

      260.432 Solicitation of public employees; activities of public employees during working hours; recognized student government exception. (1) No person shall attempt to, or actually, coerce, command or require a public employee to influence or give money, service or other thing of value to promote or oppose any political committee or to promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder.

      (2) No public employee shall solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee or promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder while on the job during working hours. However, this section does not restrict the right of a public employee to express personal political views.

      (3) Each public employer shall have posted in a conspicuous place likely to be seen by its employees the following notice in printed or typewritten form:

______________________________________________________________________________

ATTENTION ALL PUBLIC EMPLOYEES:

      The restrictions imposed by the law of the State of Oregon on your political activities are that “No public employee shall solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee or promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder while on the job during working hours. However, this section does not restrict the right of a public employee to express personal political views.”

      It is therefore the policy of the state and of your public employer that you may engage in political activity except to the extent prohibited by state law when on the job during working hours.

______________________________________________________________________________

      (4)(a) Notwithstanding subsections (1) and (2) of this section:

      (A) The recognized student government of a community college or public university listed in ORS 352.002, or a member of the recognized student government while acting as a member, may make a statement or issue a resolution to promote or oppose:

      (i) The gathering of signatures on an initiative or referendum petition; or

      (ii) The adoption of a measure.

      (B) A member of the board of education of a community college district, a member of the governing board, as defined in ORS 352.029, of a public university or an employee of a community college or public university may take any action as a public employee that is necessary to allow the recognized student government, or member of the recognized student government, to engage in activities described in subparagraph (A) of this paragraph.

      (b) Except for facilitating the actions described in paragraph (a) of this subsection, the recognized student government of a community college or public university, or a member of the recognized student government while acting as a member, may not use mandatory student-initiated fees, mandatory enrollment fees, mandatory incidental fees or any public moneys to promote or oppose any political committee or promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder.

      (5) Nothing in this section prohibits an employee of the legislative branch from explaining the vote of a member of the Legislative Assembly on:

      (a) An Act that has been referred to the people by law or petition under Article IV, section 1 (3), of the Oregon Constitution;

      (b) An Act for which a prospective referendum petition has been filed under ORS 250.045; or

      (c) A constitutional amendment or revision proposed under Article XVII, section 1 or 2, of the Oregon Constitution.

      (6) As used in this section:

      (a) “Public employee” does not include an elected official or a person appointed as a director to the board of a pilot education service district under ORS 334.108.

      (b) “Public employer” includes any board, commission, committee, department, division or institution in the executive, administrative, legislative or judicial branch of state government, and any county, city, district or other municipal corporation or public corporation organized for a public purpose, including a cooperative body formed between municipal or public corporations. [Formerly 260.231; 1973 c.53 §1; 1973 c.744 §27a; 1979 c.190 §372; 1979 c.519 §35a; 1983 c.71 §9; 1983 c.392 §1; 1985 c.565 §39; 1985 c.808 §62; 1987 c.718 §3; 1993 c.493 §106; 2007 c.589 §§7,8; 2010 c.9 §§15,16; 2013 c.13 §2; 2019 c.377 §1]

      260.532 False publication relating to candidate or measure; civil action; damages; other remedies; limitation on action. (1) No person shall cause to be written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, any letter, circular, bill, placard, poster, photograph or other publication, or cause any advertisement to be placed in a publication, or singly or with others pay for any advertisement or circulate an advertisement by electronic or telephonic means, with knowledge or with reckless disregard that the letter, circular, bill, placard, poster, photograph, publication or advertisement contains a false statement of material fact relating to any candidate, political committee or measure.

      (2) As used in subsection (1) of this section, “cause” does not include the broadcast of an advertisement by a radio or television station or cable television company unless the advertisement is for:

      (a) The candidacy of the owner, licensee or operator of the station or company; or

      (b) A ballot measure of which a chief petitioner is the owner, licensee or operator of the station or company.

      (3) A candidate who knows of and consents to a publication or advertisement prohibited by this section with knowledge or with reckless disregard that it contains a false statement of material fact, violates this section regardless of whether the candidate has participated directly in the publication or advertisement.

      (4) There is a rebuttable presumption that a candidate knows of and consents to any publication or advertisement prohibited by this section caused by a political committee over which the candidate exercises any direction and control.

      (5) Any candidate or political committee aggrieved by a violation of this section shall have a right of action against the person alleged to have committed the violation. The aggrieved party may file the action in the circuit court for any county in this state in which a defendant resides or can be found or, if the defendant is a nonresident of this state, in the circuit court for any county in which the publication occurred. To prevail in such an action, the plaintiff must show by clear and convincing evidence that the defendant violated subsection (1) of this section.

      (6) A plaintiff who prevails in an action provided by subsection (5) of this section may recover economic and noneconomic damages, as defined in ORS 31.705, or $2,500, whichever is greater. The court may award such additional equitable relief as it considers necessary or proper. The equitable relief may include, but is not limited to, a requirement that a retraction of the false statement be disseminated in the manner directed by the court. Proof of entitlement to economic and noneconomic damages must be by a preponderance of evidence. The court shall award the prevailing party reasonable attorney fees at trial and on appeal.

      (7) A political committee has standing to bring an action provided by subsection (5) of this section as plaintiff in its own name, if its purpose as evidenced by its preelection activities, solicitations and publications has been injured by the violation and if it has fully complied with the provisions of this chapter. In an action brought by a political committee as provided by subsection (5) of this section, the plaintiff may recover economic and noneconomic damages for all injury to the purpose of the committee as provided in subsection (6) of this section.

      (8) If a judgment is rendered in an action under this section against a defendant who has been nominated to public office or elected to a public office other than state Senator or state Representative, and it is established by clear and convincing evidence that the false statement was deliberately made or caused to be made by the defendant, the finder of fact shall determine whether the false statement reversed the outcome of the election. If the finder of fact finds by clear and convincing evidence that the false statement reversed the outcome of the election, the defendant shall be deprived of the nomination or election and the nomination or office shall be declared vacant.

      (9) An action under this section must be filed not later than the 30th day after the election relating to which a publication or advertisement in violation of this section was made. Proceedings on a complaint filed under this section shall have precedence over all other business on the docket. The courts shall proceed in a manner which will ensure that:

      (a) Final judgment on a complaint which relates to a primary election or nominating election is rendered before the 30th day before the general election; and

      (b) Final judgment on a complaint which relates to an election to an office is rendered before the term of that office begins.

      (10) The remedy provided by this section is the exclusive remedy for a violation of this section. [Formerly 260.380; 1973 c.744 §36; 1975 c.683 §14; 1979 c.190 §374; 1979 c.667 §2; 1981 c.897 §45; 1983 c.756 §1; 1985 c.808 §63a; 1995 c.712 §79; 1997 c.829 §1; 1999 c.941 §1; 1999 c.999 §58; 2021 c.291 §4; 2021 c.478 §10]

      260.537 False publication intended to mislead electors; civil action; penalties. (1) A person may not cause to be written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, any letter, circular, bill, placard, poster, photograph or other publication, or cause any advertisement to be placed in a publication, or singly or with others pay for any advertisement or circulate an advertisement by electronic or telephonic means, with knowledge or with reckless disregard that the letter, circular, bill, placard, poster, photograph, publication or advertisement contains a false statement of material fact that is intended to mislead electors regarding:

      (a) The date of the election;

      (b) The deadline for depositing a ballot in order for the ballot to be tallied;

      (c) The voter registration deadline;

      (d) The methods by which an elector may register to vote;

      (e) The locations at which an elector may deposit a ballot in order for the ballot to be tallied;

      (f) The qualifications an individual must meet to be eligible to vote in an election; or

      (g) An elector’s voter registration status.

      (2) As used in subsection (1) of this section, “cause” does not include the broadcast of an advertisement by a radio or television station or cable television company unless the advertisement is created by the owner, licensee or operator of the station or company.

      (3) This section applies only to a letter, circular, bill, placard, poster, photograph, publication or advertisement that is written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, within:

      (a) 30 calendar days before a primary election or special election; or

      (b) 60 calendar days before a general election.

      (4) The Secretary of State may institute proceedings to enjoin any violation of this section, except that in the case of a violation by the Secretary of State or a candidate for the office of the Secretary of State, the Attorney General may institute proceedings to enjoin any violation of this section. In any action brought under this section, the circuit court may at any time enter such injunctions, prohibitions or restraining orders, or take any other actions as the court may deem proper. A restraining order, prohibition or injunction may be issued under this section without proof of injury or damage to any person. The circuit court shall give priority to the hearing and determination under this section. The court shall award the prevailing party reasonable attorney fees at trial and on appeal.

      (5) Upon proof of any violation of this section, the court shall impose a civil penalty of not more than $10,000. All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund.

      (6) The remedy provided by this section is the exclusive remedy for a violation of this section. [2021 c.291 §2]

      260.550 Use of term “incumbent.” (1) No person shall describe a candidate as the incumbent in the office to which the candidate seeks nomination or election in any material, statement or publication supporting the election of the candidate, with knowledge or with reckless disregard that the description is a false statement of material fact.

      (2) For purposes of this section, a candidate shall be considered an “incumbent” if the candidate:

      (a) Was elected to the identical office in the most recent election to fill that office and is serving and has served continuously in that office from the beginning of the term to which the candidate was elected; or

      (b) Was appointed to the identical office after the most recent election to fill that office and is serving and has served continuously in that office from the date of appointment.

      (3) If district boundaries have changed since the previous election or the appointment, a candidate shall be considered an “incumbent” if the candidate:

      (a) Was elected to an office of the same name as the office to which the candidate seeks nomination or election at the most recent election to fill that office and is serving and has served continuously in that office from the beginning of the term to which the candidate was elected; or

      (b) Was appointed to an office of the same name as the office to which the candidate seeks nomination or election after the most recent election to fill that office and is serving and has served continuously in that office from the date of appointment.

      (4) This section does not apply to any words or statements required by law to be included in any statement produced by a filing officer or listed on a ballot. [1993 c.383 §3]

      260.555 Prohibitions relating to circulation, filing or certification of initiative, referendum or recall petition. (1) No person attempting to obtain signatures on, or causing to be circulated, an initiative, referendum or recall petition, shall knowingly make any false statement regarding the contents, meaning or effect of the petition to any person who signs it, attempts to sign it, is requested to sign it or requests information concerning it.

      (2) No person shall attempt to obtain signatures to, cause to be circulated or file with a filing officer, an initiative, referendum or recall petition, knowing it to contain a false signature.

      (3) No person shall attempt to obtain the signature of a person to an initiative, referendum or recall petition knowing that the person signing the petition is not qualified to sign it.

      (4) No person shall knowingly sign an initiative, referendum or recall petition more than once, knowingly sign such petition when not qualified to sign it, or sign such petition in any name other than the person’s own.

      (5) No public official or employee shall knowingly make a false certification concerning an initiative, referendum or recall petition. [1979 c.190 §376; 2001 c.489 §1]

      260.556 Secretary of State prohibited from counting petition signatures obtained by certain persons. The Secretary of State may not include in a count under ORS 250.045 (3) or 250.105 or ORS chapter 249 for purposes of determining whether an initiative, referendum or recall petition or a prospective petition for a state measure to be initiated contains the required number of signatures of electors, any signatures obtained by a person who the secretary determines, during the five-year period prior to the date the signatures were obtained:

      (1) Has been convicted for a criminal offense involving fraud, forgery or identification theft in any state;

      (2) Has had a civil penalty imposed under ORS 260.995 for a violation of ORS 250.048 or 260.262; or

      (3) Has had a civil or criminal penalty imposed for violation of a statute subject to a criminal penalty under ORS 260.993. [2009 c.533 §13]

      260.558 Payment for signing or not signing initiative, referendum or recall petition; sale or purchase of signature sheets. (1) It is unlawful to offer, pay or provide money or other valuable consideration to another person to sign or refrain from signing an initiative, referendum or recall petition, and for the other person to accept or agree to accept money or other valuable consideration for signing or refraining to sign an initiative, referendum or recall petition.

      (2) It is unlawful to sell, offer to sell, purchase or offer to purchase, for money or other valuable consideration, any signature sheet of an initiative, referendum or recall petition or any other portion of the petition used to gather signatures.

      (3) This section applies only to signatures, signature sheets or other portions of an initiative, referendum or recall petition to be submitted to the filing officer for the purpose of verifying whether the petition contains the required number of signatures of electors. [1995 c.646 §2]

      260.561 Liability of certain chief petitioners for violations committed by persons obtaining signatures on petition; exceptions. (1)(a) If a chief petitioner of a statewide initiative or referendum petition has knowledge of a violation of any provision of Oregon Revised Statutes, of any rule adopted by the Secretary of State under ORS chapters 246 to 260 related to the circulation of a statewide initiative or referendum petition or section 1b, Article IV of the Oregon Constitution, committed by a person obtaining signatures on the chief petitioner’s petition or prospective petition, the violation by the person obtaining signatures is conclusively considered a violation by the chief petitioner.

      (b) If a chief petitioner of a statewide initiative or referendum petition has knowledge or should have had knowledge of a violation of ORS 250.048, 260.262, 260.555, 260.558, 260.567, 260.575, 260.665, 260.715 (1) or section 1b, Article IV of the Oregon Constitution, or any rule adopted by the Secretary of State related to section 1b, Article IV of the Oregon Constitution, petition sheets or circulator training, registration or certification, committed by a person obtaining signatures on the chief petitioner’s petition or prospective petition or a contractor or subcontractor, as defined in ORS 260.563, the violation by the person obtaining signatures or the contractor or subcontractor is conclusively considered a violation by the chief petitioner.

      (2) A chief petitioner is not liable under subsection (1) of this section if the chief petitioner notifies the Secretary of State in writing not later than one business day after the chief petitioner obtains knowledge of a potential violation. The notice shall state:

      (a) That a potential violation has occurred;

      (b) The nature of the potential violation; and

      (c) All specific information known to the chief petitioner regarding the potential violation.

      (3) If a statewide initiative or referendum petition has more than one chief petitioner, each chief petitioner who has knowledge or should have had knowledge may be held liable under subsection (1) of this section.

      (4)(a) Subsection (1)(a) of this section does not apply to a violation of law that is subject to criminal penalty.

      (b) A chief petitioner may not be held criminally liable under subsection (1)(b) of this section solely based on a violation committed by a person obtaining signatures on the chief petitioner’s petition or prospective petition or by a contractor or subcontractor. [2001 c.489 §3; 2001 c.965 §63a; 2009 c.533 §5; 2009 c.720 §7]

      260.563 Liability of contractor obtaining signatures on petition for violations committed by subcontractor; exceptions. (1) As used in this section:

      (a) “Contractor” means a person who contracts on predetermined terms with a chief petitioner, or a person acting on behalf of a chief petitioner, of an initiative or referendum petition or a prospective petition for a state measure to be initiated for the purpose of obtaining signatures on the petition or prospective petition.

      (b) “Subcontractor” means a person who contracts on predetermined terms with a contractor for the purpose of obtaining signatures on an initiative or referendum petition or a prospective petition for a state measure to be initiated and who has no direct contractual relationship with a chief petitioner or other person acting on behalf of a chief petitioner.

      (2) If a contractor has knowledge or should have had knowledge of a violation of ORS 250.048, 260.555, 260.558, 260.567, 260.575, 260.665 or 260.715 (1) or section 1b, Article IV of the Oregon Constitution, or any rule adopted by the Secretary of State related to section 1b, Article IV of the Oregon Constitution, petition sheets or circulator training, registration or certification, by a subcontractor, the violation by the subcontractor is conclusively considered a violation by the contractor.

      (3) A contractor is not liable under subsection (2) of this section if the contractor notifies the Secretary of State in writing not later than one business day after the contractor obtains knowledge of a potential violation. The notice shall state:

      (a) That a potential violation has occurred;

      (b) The nature of the potential violation; and

      (c) All specific information known to the contractor regarding the potential violation.

      (4) A contractor may not be held criminally liable under this section solely based on a violation committed by a subcontractor. [2007 c.848 §7; 2009 c.533 §6; 2009 c.720 §8]

      260.567 Alteration of information on petition signature sheet; exceptions. (1) Except as provided in subsection (2) of this section, a person other than the person who signed the signature sheet of an initiative, referendum, recall or candidate nominating petition, a prospective petition for a state measure to be initiated or a certificate of nomination may not write, alter, correct, clarify or obscure on the signature sheet any information about the person who signed the signature sheet.

      (2) A person other than the person who signed the signature sheet may:

      (a) Alter, correct, clarify or obscure on the signature sheet any information about the person who signed the signature sheet if the line on which the signature appears is subsequently initialed by the person who signed the signature sheet; or

      (b) Write, alter, correct, clarify or obscure on the signature sheet any information about the person who signed the signature sheet if the person who signed the signature sheet is a person with a disability and requests assistance in writing, altering, correcting, clarifying or obscuring on the signature sheet any information about the person.

      (3) As used in this section:

      (a) “Information about the person who signed the signature sheet” means any information regarding the person who signed the signature sheet of an initiative, referendum, recall or candidate nominating petition, a prospective petition for a state measure to be initiated or a certificate of nomination, in addition to the signature of the person, that is required or requested to be supplied on a signature sheet of an initiative, referendum, recall or candidate nominating petition, a prospective petition or a certificate of nomination.

      (b) “The person who signed the signature sheet” means the person whose signature will be submitted for verification under ORS chapter 249 or ORS 250.045 (3), 250.105, 250.215, 250.315 or 255.175 for the purpose of determining whether the petition, prospective petition or certificate contains the required number of signatures of electors. [2007 c.848 §7b; 2009 c.533 §7]

      260.569 Payment based on signatures obtained on nominating petition or voter registration card. A person may not pay or receive money or another thing of value based on the number of:

      (1) Signatures a person obtains for purposes of nominating a candidate for elective public office; or

      (2) Signed voter registration cards a person collects. [2007 c.314 §2]

      260.575 Use of threats and intimidation for purpose of extorting money. No person, for any consideration, shall:

      (1) Offer, propose, threaten or attempt to sell, hinder or delay any part of an initiative, referendum or recall petition.

      (2) Offer, propose or threaten to desist from beginning, promoting, circulating, or soliciting signatures to, any initiative, referendum or recall petition.

      (3) Offer, propose, attempt or threaten in any manner to use an initiative, referendum or recall petition or any power of promotion or opposition concerning such petition for extortion, blackmail or private intimidation of any person. [Formerly 254.580]

      260.635 Bets and wagers on election results. (1) No candidate shall make or become party to a bet of anything of pecuniary value on any event or contingency relating to a pending election. No candidate shall provide money or other thing of value to be used by any person in betting upon the results of a pending election.

      (2) No person, to influence the result of any election, shall make a bet of anything of pecuniary value on the result of a pending election, or on any event relating to it. [Formerly 260.482]

      260.645 Illegal acts relating to voting machines or vote tally systems. (1) No person shall:

      (a) Tamper with or injure or attempt to injure any voting machine or vote tally system to be used or being used in an election.

      (b) Tamper with any voting machine or vote tally system that has been used in an election except in performance of election duties.

      (c) Prevent or attempt to prevent the correct operation of any voting machine or vote tally system.

      (2) An unauthorized person shall not make or possess a key to a voting machine or vote tally system to be used or being used in an election.

      (3) Neither the Secretary of State nor any officer or employee of any county, city or district using a voting machine or vote tally system, shall solicit or accept any compensation, other than amounts paid by the governmental unit, in connection with the sale, lease or use of the voting machine or vote tally system.

      (4) As used in this section, “voting machine” and “vote tally system” have the meaning given those terms in ORS 246.012. [1979 c.190 §385; 1981 c.909 §9]

      260.665 Undue influence to affect registration, voting, candidacy, signing petitions; solicitation of money or other benefits. (1) As used in this section, “undue influence” means force, violence, restraint or the threat of it, inflicting injury, damage, harm, loss of employment or other loss or the threat of it, or giving or promising to give money, employment or other thing of value.

      (2) A person, acting either alone or with or through any other person, may not directly or indirectly subject any person to undue influence with the intent to induce any person to:

      (a) Register or vote;

      (b) Refrain from registering or voting;

      (c) Register or vote in any particular manner;

      (d) Be or refrain from or cease being a candidate;

      (e) Contribute or refrain from contributing to any candidate, political party or political committee;

      (f) Render or refrain from rendering services to any candidate, political party or political committee;

      (g) Challenge or refrain from challenging a person offering to vote;

      (h) Apply or refrain from applying for a ballot as an absent elector; or

      (i) Sign or refrain from signing a prospective petition or an initiative, referendum, recall or candidate nominating petition.

      (3) A person may not solicit or accept money or other thing of value as an inducement to act as prohibited by subsection (2) of this section.

      (4) This section does not prohibit:

      (a) The employment of persons to render services to candidates, political parties or political committees;

      (b) The public distribution by candidates, political parties or political committees of sample ballots or other items readily available to the public without charge, even though the distributor incurs costs in the distribution;

      (c) Public or non-promissory statements by or on behalf of a candidate of the candidate’s intentions or purposes if elected;

      (d) A promise by a candidate to employ any person as administrative assistant, secretary or other direct personal aide;

      (e) Free custody and care of minor children of persons during the time those persons are absent from those children for voting purposes;

      (f) For persons voting, free transportation to and from places designated for the deposit of ballots under ORS 254.470 or to and from locations described in ORS 254.472 or 254.474; but no means of advertising, solicitation or inducement to influence the vote of persons transported may be used with that transportation;

      (g) Individuals or political committees from providing refreshments incidental to a gathering in support of or in opposition to a candidate, political committee or measure;

      (h) The public distribution of registration cards by a person approved by the Secretary of State under ORS 247.171 to print, copy or otherwise prepare and distribute registration cards, even though the distributor incurs costs in the distribution; or

      (i) An elections official from providing return identification envelopes for ballots that may be returned by mail at no cost to the elector under ORS 254.473. [Formerly 260.412; 1983 c.83 §31; 1987 c.464 §1; 1987 c.727 §10; 1989 c.173 §2; 2001 c.960 §1; 2007 c.154 §53; 2009 c.533 §10; 2013 c.520 §20; 2019 c.638 §4]

      260.675 Prohibited distribution of ballots. (1) A person employed or authorized to print official ballots may not give, deliver or knowingly permit any of the ballots to be taken by any person other than the official under whose direction the ballots are printed.

      (2) A person may not knowingly print, cause or permit to be printed any ballot in any other form, with any other names, with names spelled or names of the candidates arranged in any other way than that directed by the official under whose direction the ballots are printed.

      (3) An official having the duty of distributing ballots, and any persons acting for that official, may not knowingly distribute or cause to be distributed any ballots in any other manner than as provided under the election laws. [Formerly 249.364; 2007 c.154 §54]

      260.685 Elections official compliance with directives of Secretary of State. An elections official shall not knowingly fail to comply with an interpretation made by the Secretary of State of any election law or a directive, an instruction or a rule made by the Secretary of State under ORS 246.110, 246.120, 246.140 or 246.150. [1979 c.190 §389; 1995 c.607 §58]

      260.695 Prohibitions relating to voting. (1)(a) If a person prints or circulates an imitation of the ballot or sample ballot:

      (A) The imitation ballot or sample ballot and the back of any return envelope enclosed with the ballot or sample ballot shall state the following: “THIS IS NOT A REAL BALLOT. DO NOT USE TO VOTE.” The statement on the imitation ballot or sample ballot shall be in bold print that is at least two times as large as the majority of the text on the ballot or sample ballot or 20-point type, whichever is larger. The statement on the back of a return envelope shall be in bold print that is at least 36-point type.

      (B) The word “UNOFFICIAL” must be superimposed on the imitation ballot or sample ballot so that the word extends diagonally across the ballot from one margin of the text to the other. The superimposed word may be printed in lighter ink than other text on the ballot or sample ballot.

      (b) For purposes of this subsection, an imitation of the ballot or sample ballot includes an imitation of a portion of the ballot or sample ballot.

      (2)(a) As used in this subsection, “imitation voters’ pamphlet” means a document that imitates the physical characteristics or appearance of a voters’ pamphlet or a portion of a voters’ pamphlet published by the Secretary of State or county clerk, as defined in ORS 251.005, under ORS chapter 251 and likely misleads or confuses a reasonable person as to whether the document is an official voters’ pamphlet or a portion of an official voters’ pamphlet in the absence of the required statement.

      (b) If a person prints or circulates an imitation voters’ pamphlet, including by electronic means:

      (A)(i) The imitation voters’ pamphlet shall state the following: “THIS IS NOT THE OFFICIAL VOTERS’ PAMPHLET.” Except as provided in sub-subparagraph (ii) of this subparagraph, the statement on the imitation voters’ pamphlet shall be in bold print that is at least 36-point type.

      (ii) For an imitation voters’ pamphlet that is circulated electronically, the statement described in sub-subparagraph (i) of this subparagraph shall be in bold print in a typeface of contrasting color and in a font size that is at least three times as large as the font size used for the majority of the text in the imitation voters’ pamphlet.

      (B) The word “UNOFFICIAL” must be superimposed on each page of the imitation voters’ pamphlet so that the word extends diagonally across the imitation voters’ pamphlet from one margin of text to the other. The superimposed word may be printed or displayed in lighter ink than other text on the imitation voters’ pamphlet.

      (3) A person may not do any electioneering, including circulating any cards or handbills, or soliciting of signatures to any petition, within any building in which any state or local government elections office designated for the deposit of ballots under ORS 254.470 is located, or within 100 feet measured radially from any entrance to the building. A person may not do any electioneering by public address system located more than 100 feet from an entrance to the building if the person is capable of being understood within 100 feet of the building. The electioneering need not relate to the election being conducted. This subsection applies during the business hours of the building or, if the building is a county elections office, during the hours the office is open to the public, during the period beginning on the date that ballots are mailed to electors as provided in ORS 254.470 and ending on election day at 8 p.m. or when all persons waiting in line at the building who began the act of voting as described in ORS 254.470 (12) by 8 p.m. have finished voting.

      (4) A person may not obstruct an entrance of a building in which ballots are issued or a place designated for the deposit of ballots under ORS 254.470 or any voting booth maintained under ORS 254.474 is located. This subsection applies during the period beginning on the date that ballots are mailed to electors as provided in ORS 254.470 and ending on election day at 8 p.m. or when all persons waiting in line at the building or location who began the act of voting as described in ORS 254.470 (12) by 8 p.m. have finished voting.

      (5) A person may not vote or offer to vote in any election knowing the person is not entitled to vote.

      (6) A person may not make a false statement about the person’s inability to mark a ballot.

      (7) A person, except an elections official in performance of duties or another person providing assistance to an elector as described in ORS 254.445, may not ask a person at any place designated for the deposit of ballots under ORS 254.470 or at any location described in ORS 254.472 or 254.474 for whom that person intends to vote, or examine or attempt to examine the person’s ballot.

      (8) An elections official, other than in the performance of duties, may not disclose to any person any information by which it can be ascertained for whom any elector has voted.

      (9) A person, except an elections official in performance of duties, may not do anything to a ballot to permit identification of the person who voted.

      (10) An elector may not willfully leave at any place designated for the deposit of ballots under ORS 254.470 or at any location described in ORS 254.472 or 254.474 anything that will show how the elector’s ballot was marked.

      (11) A person, except an elections official in performance of duties, may not remove a ballot from any place designated for the deposit of ballots under ORS 254.470 or any location described in ORS 254.472 or 254.474.

      (12) A person, except an elections official in performance of duties or a person authorized by that official, may not willfully deface, remove, alter or destroy a posted election notice.

      (13) A person, except an elections official in performance of duties, may not willfully remove, alter or destroy election equipment or supplies, or break the seal or open any sealed package containing election supplies.

      (14) A person, except an elections official in performance of duties, may not provide elections advice or attempt to collect voted ballots within any building in which any state or local government elections office designated for the deposit of ballots under ORS 254.470 is located, or within 100 feet measured radially from any entrance to the building.

      (15) A person, except an elections official in performance of duties, may not establish a location to collect ballots voted by electors unless:

      (a) The person prominently displays at the location a sign stating: “NOT AN OFFICIAL BALLOT DROP SITE”; and

      (b) The sign is printed in all capital letters in bold 50-point type. [1979 c.190 §390; 1993 c.713 §37; 1999 c.318 §44; 2001 c.805 §5; 2001 c.965 §16; 2007 c.154 §55; 2007 c.881 §10; 2010 c.35 §1; 2014 c.67 §6; 2014 c.112 §6; 2021 c.291 §5; 2021 c.551 §12]

      260.705 Premature release of vote tally. A person may not make public the results of the tally of votes from any precinct until after 8 p.m. on the date of the election. [Formerly 246.045; 2007 c.154 §56]

      260.715 Prohibited conduct. (1) A person may not knowingly make a false statement, oath or affidavit when a statement, oath or affidavit is required under the election laws.

      (2) A person may not request a ballot in a name other than the person’s own name.

      (3) A person may not vote or attempt to vote more than once at any election held on the same date.

      (4) A person may not vote or attempt to vote both in an election held in this state and in another state on the same date.

      (5) A person, except an elections official in performance of duties, may not willfully alter or destroy a ballot cast at an election or the returns of an election.

      (6) A person may not willfully place a fraudulent ballot among the genuine ballots.

      (7) A person may not falsely write anything purporting to be written by an elections official in performance of duties on the ballot.

      (8) A person may not commit theft of a ballot or tally or return sheet, or willfully hinder or delay the delivery of the tally or return sheet to the county clerk, or fraudulently break open a sealed tally or return sheet of the election.

      (9)(a) A person may not:

      (A) Manufacture or knowingly use a fraudulent ballot return identification envelope or secrecy envelope; or

      (B) Sell, make an offer with the actual intent to sell, purchase or make an offer with the actual intent to purchase, for money or other valuable consideration, any official ballot, replacement ballot, ballot return identification envelope or secrecy envelope.

      (b) As used in this subsection, “ballot return identification envelope” and “secrecy envelope” mean those envelopes used to return ballots to the county clerk. [1979 c.190 §392; 1999 c.318 §45; 2005 c.797 §58; 2007 c.154 §57; 2007 c.155 §10; 2017 c.749 §41]

PENALTIES

      260.993 Criminal penalties. (1) The penalty for violation of ORS 260.532 is limited to that provided in ORS 260.532 (6) and (8).

      (2) Violation of ORS 247.125 (1), 247.171 (5), 247.420 (2), 253.710, 260.402, 260.555, 260.558, 260.575, 260.645 or 260.665 (2) or (3) involving any action described in ORS 260.665 (2)(d) to (f) or 260.715 is a Class C felony.

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

      (4) Violation of ORS 247.171 (6) is a Class C misdemeanor. [1979 c.190 §393; 1983 c.514 §17; 1983 c.756 §2; 1985 c.808 §65; 1987 c.718 §4; 1999 c.318 §46; 1999 c.941 §2; 1999 c.1002 §9; 2001 c.489 §4; 2001 c.805 §6; 2001 c.965 §19; 2005 c.797 §51; 2009 c.511 §20; 2021 c.291 §7]

      260.995 Civil penalties. (1) Except as provided in subsection (2) of this section, following an investigation under ORS 260.345, the Secretary of State or Attorney General may impose a civil penalty not to exceed $1,000 for each violation of any provision of Oregon Revised Statutes relating to the conduct of any election, any rule adopted by the secretary under ORS chapters 246 to 260 or any other matter preliminary to or relating to an election, for which a civil penalty is not otherwise provided.

      (2) The secretary or the Attorney General may impose a civil penalty not to exceed:

      (a)(A) Except as provided in subparagraph (B) of this paragraph, $1,000 plus the amount converted to personal use for each violation of ORS 260.407;

      (B) Two times the amount of the penalty provision for violating a nondisclosure agreement that is contained within each nondisclosure agreement entered into in violation of ORS 260.407 or 260.413;

      (b) 150 percent of the total cost of printing, transmitting or distributing a communication in support of or in opposition to a clearly identified candidate if the disclosure requirements set forth in ORS 260.266 are not met; or

      (c) $10,000 for each violation of ORS 260.555, 260.558, 260.575, 260.695 (1) or (2) or 260.715 (1) or Article IV, section 1b, of the Oregon Constitution.

      (3) Except as otherwise provided by this section, civil penalties under this section shall be imposed as provided in ORS 183.745. In addition to the requirements of ORS 183.745, the notice shall include:

      (a) A statement of the authority and jurisdiction under which the hearing is to be held; and

      (b) If the person is an agency, corporation or an unincorporated association, a statement that such person must be represented by an attorney licensed in Oregon, unless the person is a political committee which may be represented by any officer identified in the most recent statement of organization filed with the filing officer.

      (4) A hearing on whether to impose a civil penalty and to consider circumstances in mitigation shall be held by the secretary or Attorney General:

      (a) Upon request of the person against whom the penalty may be assessed, if the request is made not later than the 20th day after the service date on the notice sent under subsection (3) of this section; or

      (b) Upon the secretary’s or Attorney General’s own motion.

      (5) The person against whom a penalty may be assessed need not appear in person at a hearing held under this section, but instead may submit written testimony or other evidence, sworn to before a notary public, to the secretary or Attorney General for entry in the hearing record. The testimony or other evidence must be received by the secretary or Attorney General not later than three business days before the day of the hearing and may be submitted electronically.

      (6) All hearings under this section shall be held not later than 45 days after the deadline for the person against whom the penalty may be assessed to request a hearing. However, if requested by the person against whom the penalty may be assessed, a hearing under subsection (4) of this section shall be held not later than 60 days after the deadline for the person against whom the penalty may be assessed to request a hearing.

      (7) The secretary or Attorney General shall issue an order not later than 90 days after a hearing or after the deadline for requesting a hearing if no hearing is held.

      (8) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund.

      (9) In the case of a civil penalty imposed under this section for a violation of ORS 260.407, the person against whom the penalty is assessed:

      (a) Is personally responsible for the payment of the civil penalty;

      (b) Shall pay the civil penalty from personal funds of the person; and

      (c) May not pay the civil penalty from contributions received by a candidate, a candidate’s principal campaign committee, a political committee or a petition committee. [1987 c.718 §1; 1991 c.319 §2; 1991 c.734 §119; 1993 c.493 §83; 2005 c.797 §52; 2005 c.809 §1; 2009 c.533 §11; 2009 c.818 §19; 2010 c.9 §10; 2010 c.35 §2; 2013 c.617 §2; 2019 c.462 §6; 2019 c.636 §3; 2021 c.291 §8; 2021 c.473 §11]

GENERAL PROVISIONS

      254.005 Definitions. As used in this chapter:

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

      (2) “Chief elections officer” means the:

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

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

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

      (3) “County clerk” means the county clerk or the county official in charge of elections.

      (4) “Elector” means an individual qualified to vote under section 2, Article II, Oregon Constitution.

      (5) “Major political party” means a political party that has qualified as a major political party under ORS 248.006.

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

      (a) A proposed law.

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

      (c) A revision of or amendment to the Oregon Constitution.

      (d) Local, special or municipal legislation.

      (e) A proposition or question.

      (7) “Minor political party” means a political party that has qualified as a minor political party under ORS 248.008.

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

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

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

      (11) “Vote tally system” means one or more pieces of equipment necessary to examine and tally automatically the marked ballots.

      (12) “Voting machine” means any device that will record every vote cast on candidates and measures and that will either internally or externally total all votes cast on that device. [1979 c.190 §224; 1983 c.392 §5; 1983 c.567 §15; 1985 c.324 §2; 1987 c.707 §16; 1993 c.493 §95; 1995 c.92 §5; 1995 c.107 §2; 1995 c.607 §79; 1999 c.410 §43; 2001 c.430 §2; 2005 c.731 §4; 2005 c.797 §67; 2007 c.154 §19; 2009 c.491 §7; 2010 c.18 §3; 2011 c.731 §13]

  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 qualified to vote under Article II, section 2, 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 an electronic record containing an individual’s legal name, age, residence and citizenship information and electronic signature submitted to the Department of Transportation in the manner described in ORS 247.017. [1979 c.190 §39; 1993 c.713 §1; 2015 c.8 §2]

Elections

      254.016 Elections conducted under this chapter. Any primary election, general election or special election held in this state shall be conducted under the provisions of this chapter, unless specifically provided otherwise in the statute laws of this state. [1979 c.190 §225; 1983 c.350 §69a; 1995 c.712 §51; 1999 c.999 §45]

      254.025 Construction of statutes applicable to primary elections. (1) Statutes applicable to primary elections shall be construed as though the primary elections are separate elections for each major political party nominating candidates.

      (2) The primary elections shall be conducted as nearly as possible according to the theory expressed in the preamble to chapter 1, Oregon Laws 1905. [1979 c.190 §226; 1987 c.267 §37; 1995 c.712 §53; 1999 c.999 §46]

      254.035 Time and place of elections for city officers. (1) It is the intention of the Legislative Assembly to carry out the provisions of section 14a, Article II, Oregon Constitution.

      (2) All elections for city officers shall be held at the same time and place as elections for state and county officers. Unless a city charter or ordinance provides otherwise, the ballots used for state and county elections, if the county clerk considers it practicable, shall be arranged to include city offices and measures. [Formerly 250.230; 2007 c.154 §20]

      254.046 Expense of city election. If a city holds a special election on a date other than the primary election or general election, it shall bear the expense of the election. [1979 c.190 §228; 1987 c.267 §38; 1995 c.712 §52]

      254.056 Date and purpose of general election and primary election. (1) The general election shall be held on the first Tuesday after the first Monday in November of each even-numbered year. Except as provided in ORS 254.650, at the general election officers of the state and subdivisions of the state, members of Congress and electors of President and Vice President of the United States as are to be elected in that year shall be elected.

      (2) The primary election shall be held on the third Tuesday in May of each even-numbered year. At the primary election precinct committeepersons shall be elected and major political party candidates shall be nominated for offices to be filled at the general election held in that year. [1979 c.190 §229; 1979 c.316 §20a; 1987 c.267 §1; 1995 c.712 §1; 1999 c.59 §64; 1999 c.999 §28; 2001 c.965 §12; 2003 c.542 §7]

      254.065 Person receiving most votes nominated or elected; measure adopted by majority of votes; when measure conflicts. (1) When one person is to be nominated for or elected to an office, the person receiving the highest number of votes shall be nominated or elected. When more than one person is to be nominated for or elected to a single office, the persons receiving the higher number of votes shall be nominated or elected. This subsection does not apply to a candidate for election to an office at a general election if the election for the office must be held at a special election as described in ORS 254.650.

      (2) No measure shall be adopted unless it receives an affirmative majority of the total votes cast on the measure. If two or more conflicting laws, or amendments to the Constitution or charter, are approved at the same election, the law, or amendment, receiving the greatest number of affirmative votes shall be paramount regarding each conflict, even though the law, or amendment, may not have received the greatest majority of affirmative votes. [1979 c.190 §230; 2003 c.542 §8]

      254.068 Simulated election for individuals under 18 years of age. On the date of any election, the county clerk may conduct a simulated election. As used in this section, “simulated election” means a demonstration election held for individuals under 18 years of age for the purpose of encouraging future voter participation. [1991 c.436 §2]

      254.071 Information regarding ballot format and method of voting ballot. Prior to each election, the county clerk shall make every reasonable effort to acquaint electors with the ballot format to be used in the election and the methods used to mark ballots to cast a valid vote. [2001 c.965 §21; 2007 c.154 §21]

      254.074 County elections security plan; submission of ballot information to Secretary of State. (1)(a) Each county clerk shall file a county elections security plan with the Secretary of State not later than:

      (A) January 31 of each calendar year; and

      (B) One business day after any revision is made to the county elections security plan.

      (b) A county elections security plan shall include, but is not limited to:

      (A) A written security agreement entered into with any vendor handling ballots;

      (B) Security procedures for transporting ballots;

     (C) Security procedures at official places of deposit for ballots;

      (D) Security procedures for processing ballots;

      (E) Security procedures governing election observers;

      (F) Security procedures for ballots located in county elections work areas, buildings and storage areas;

      (G) Security procedures for vote tally systems, including computer access to vote tally systems;

      (H) The number and location of all video surveillance cameras within the elections office;

      (I) Security procedures for scanning ballots into a vote tally system before the date of the election, if applicable; and

      (J) Post-election ballot security.

      (2) A security plan developed and filed under subsection (1) of this section is confidential and not subject to disclosure under ORS 192.311 to 192.478.

      (3) For each election, at the time the county clerk certifies the results of an election, the clerk shall submit to the Secretary of State a record of:

      (a) The number of ballot envelopes received.

      (b) The number of ballot envelopes accepted.

      (c) The number of ballot envelopes not accepted.

      (d) The number of ballot envelopes rejected.

      (e) The number of tallied ballots.

      (4) A county clerk may not scan ballots as described in ORS 254.478 unless the Secretary of State reviews and approves a security plan described in subsection (1) of this section. [2001 c.965 §48; 2009 c.592 §2; 2013 c.679 §1]

PREPARATORY PROCEDURES

      254.076 Register of candidates for nomination. The chief elections officer shall keep a register of candidates for nomination at the primary election. The register, if applicable, shall contain for each major political party:

      (1) The title of each office for which the major political party will nominate candidates at the primary election.

      (2) The name and mailing address of each candidate for nomination at the primary election.

      (3) The name of the major political party with which the candidate is registered as affiliated.

      (4) The date of filing of the prospective petition for nomination of the candidate.

      (5) The date of filing of the completed petition for nomination of the candidate, the number of valid signatures contained and the number of signatures required.

      (6) The date of filing of the declaration of candidacy of the candidate.

      (7) Such other information as may aid the chief elections officer in arranging the official ballot for the primary election. [Formerly 249.070; 1987 c.267 §39; 1995 c.607 §38; 1995 c.712 §54; 1999 c.999 §47; 2007 c.154 §22]

      254.085 Secretary of State’s statement of offices, candidates and measures. (1) The Secretary of State, not later than the 61st day before the date of a primary or general election, shall file with each county clerk a statement of the federal and state offices to be filled or for which candidates are to be nominated in the county at the election, information concerning all candidates for the offices, and the state measures to be voted on.

      (2) The information concerning candidates for the Supreme Court, Court of Appeals, Oregon Tax Court and circuit court shall include a designation of incumbent for each candidate who is the regularly elected or appointed judge of the court to which the candidate seeks election. If a candidate was regularly elected or appointed to a specific position or department on the court, the candidate shall be designated as the incumbent only if the person is a candidate for that position or department.

      (3) Included with each state measure shall be the measure number, the latest ballot title certified by the Attorney General under ORS 250.067 (2) or, if the Supreme Court has reviewed the title under ORS 250.085, the title certified by the court and the financial estimates under ORS 250.125. The Secretary of State shall keep a copy of the statement. [Formerly 250.020; 1985 c.742 §1; 1991 c.971 §8; 1993 c.493 §28; 1995 c.712 §55; 1999 c.59 §65; 2007 c.159 §4; 2009 c.511 §7]

      254.095 City elections officers’ statements of offices, candidates and measures. (1) The chief elections officer of any city shall file with the county clerk of the county in which the city hall of the city is located, a statement of the city offices to be filled or for which candidates are to be nominated at the election and information concerning all candidates for the offices not later than the 61st day before the date of the election.

      (2)(a) The chief elections officer of any city shall file with the county clerk of the county in which the city hall is located, a statement of the city measures to be voted on, including the ballot title for each measure, not later than the 61st day before the date of the election.

      (b) For each local option tax measure or general obligation bond measure placed on the ballot by a municipal corporation, the county clerk shall file a copy of the statement filed under paragraph (a) of this subsection with the Secretary of State in the manner set forth in ORS 294.474.

      (3) The chief elections officer of the city shall keep a copy of each statement filed under this section.

      (4) If a city is located in more than one county, the county clerk under subsection (1) of this section shall immediately file the statement and information required under subsection (1) of this section with the county clerk of any other county in which the city is located. [Formerly 250.030; 1981 c.639 §2; 1987 c.707 §17; 1987 c.724 §5; 1989 c.503 §13; 1989 c.503 §14; 1989 c.923 §11; 1991 c.71 §8; 1993 c.493 §29; 1993 c.713 §57; 1995 c.712 §118; 2017 c.552 §4; 2021 c.551 §24]

      254.098 Expenses for change in information filed under ORS 254.085 or 254.095. If, after the deadline for filing a statement under ORS 254.085 or 254.095, an electoral district requires a change in the information contained in the statement, the electoral district for which the change is made shall bear the expenses incurred as a result of the change. As used in this section, “electoral district” means the state in the case of a statement filed under ORS 254.085 and a city in the case of a statement filed under ORS 254.095. [1991 c.74 §2; 1993 c.493 §30]

      254.103 Filing of measures referred by county governing body. (1) The governing body of a county shall file with the county clerk each measure referred by the county governing body, including the ballot title for each measure, not later than the 61st day before the date of the election.

      (2) For each local option tax measure or general obligation bond measure placed on the ballot by a municipal corporation, the county clerk shall file a copy of each measure filed under subsection (1) of this section with the Secretary of State in the manner set forth in ORS 294.474. [1983 c.15 §2; 1985 c.808 §35; 1987 c.707 §18; 1989 c.923 §12; 1991 c.71 §9; 1993 c.713 §58; 1995 c.712 §119; 2011 c.607 §9; 2017 c.552 §5; 2021 c.551 §25]

      254.108 Numbering county, city and district measures; rules. (1) The county clerk shall number county, city and district measures consecutively and shall not repeat any number in any subsequent election. For each election, the numbers assigned shall begin with the number after the last number assigned under this section at the previous election. The measures shall be assigned numbers in the order in which the measures are filed with the clerk and in a manner that will not confuse county, city or district measures with state measures. The number assigned to each county, city and district measure shall be preceded by a unique county prefix number. The Secretary of State by rule shall assign a prefix number to each county for the purpose of carrying out the provisions of this subsection.

      (2) If a district or city is located in more than one county, the district elections officer under ORS 255.005 or the county clerk under ORS 254.095 shall immediately certify a district or city measure to the county clerk of any other county in which the district or city is located. [1987 c.724 §4; 1993 c.493 §17; 2001 c.267 §2]

VOTING

      254.365 Voting at primary election by major party members and nonaffiliated electors. (1) An elector is not qualified or permitted to vote at any primary election for any candidate of a major political party, and it is unlawful for the elector to offer to do so, unless:

      (a) The elector is registered as being affiliated with one of the major political parties nominating or electing its candidates for public office at the primary election; or

      (b) The elector is registered as not being affiliated with any political party and wishes to vote in the primary election of a major political party that has provided under subsection (3) of this section for a primary election that admits electors not affiliated with any political party.

      (2) Except as provided in ORS 254.470 (3), any elector offering to vote at the primary election shall be given a ballot of the major political party with which the elector is registered as being affiliated. The elector may not be given a ballot of any other political party at that primary election. An elector not affiliated with any political party and offering to vote at the primary election shall be given the ballot of the major political party in whose primary election the elector wishes to vote if that party has provided under subsection (3) of this section for a primary election that admits electors not affiliated with any political party. An elector not affiliated with any political party who is given a ballot of the major political party associates with the party for the purpose of voting in that primary election.

      (3)(a) Not later than the 90th day before the date of the primary election, a major political party may file with the Secretary of State a certified copy of the current party rule allowing an elector not affiliated with any political party to vote in the party’s primary election. The party may not repeal the rule as filed during the 90 days before the primary election. The rule shall continue to be effective after the date of the primary election until the party gives written notice to the Secretary of State that the rule has been repealed. Except as provided in paragraph (b) of this subsection, a party rule under this subsection may limit the candidates for whom an elector who is not affiliated with any political party may vote.

      (b) The party rule shall allow any elector who is permitted to vote for the most numerous branch of the Legislative Assembly also to vote in federal legislative elections, consistent with section 2, Article I, and the Seventeenth Amendment to the United States Constitution.

      (4) If the primary election ballot includes city, county or nonpartisan offices or measures, and it is given to an elector who is not eligible to vote for party candidates, the ballot shall be marked “non-affiliated.” [Formerly 249.366; 1987 c.719 §§1,20; 1995 c.712 §62; 1999 c.999 §51; 2007 c.154 §34]

      254.370 Record of nonaffiliated electors; record of voting in primary election of major political party and in general election. The county clerk shall maintain:

      (1) A monthly registration record of all electors registered as not being affiliated with any political party;

      (2) At each primary election, a record of the number of electors who voted from each major political party;

      (3) A record of all electors registered as not being affiliated with any political party who vote in a primary election of a major political party that has provided under ORS 254.365 for a primary election that admits electors not affiliated with any political party; and

      (4) A record of all electors registered as not being affiliated with any political party who vote in the general election. [1987 c.719 §3; 1991 c.719 §52; 1993 c.713 §31; 1995 c.712 §63; 1999 c.999 §52]

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

      (2) Whenever an elector updates a registration at a county clerk’s office after the ballots have been mailed under ORS 254.470, the elector shall vote in that election in the manner provided in this section.

      (3) An elector voting under this section shall complete and sign a registration card.

      (4)(a)(A) Except as provided in subparagraph (B) of this paragraph, the elector shall insert the ballot into a small envelope provided by the county clerk and then insert the small envelope into a larger envelope. The larger envelope shall be delivered to the county clerk and shall be segregated and not counted until the registration of the elector is verified under this section.

      (B) The county clerk shall inform the elector of any alterations to the process described in subparagraph (A) of this paragraph that are necessary if the Secretary of State has approved a procedure under ORS 254.458 to be used in lieu of the envelope procedures.

      (b) An envelope provided under this subsection must comply with the prohibitions set forth in ORS 254.470 (13).

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

      (6) A vote shall be counted only if the elector is qualified to vote for the particular office or on the measure. [Formerly 247.205; 1999 c.410 §53; 2007 c.154 §35; 2019 c.508 §4; 2021 c.473 §13; 2021 c.551 §13]

      254.411 Voting after name change. (1) Any elector whose name has been changed may vote once in the county in which the elector is registered under the elector’s former name.

      (2) Following the election, the registration of the elector shall be considered inactive. The provisions of ORS 247.281 apply to an elector whose registration becomes inactive under this section.

      (3) In order to vote at subsequent elections the elector whose name has changed must update the elector’s registration. [1987 c.733 §12; 1993 c.713 §32; 1999 c.410 §54; 2007 c.154 §36; 2021 c.233 §5]

      254.415 Challenging ballot of person offering to vote; statement of challenge. (1) The county clerk, an elections official or any elector shall challenge the ballot of any person offering to vote whom the clerk, official or elector knows or suspects not to be qualified as an elector.

      (2) The clerk, official or elector challenging the ballot shall make, under oath or affirmation before a county clerk or other elections official, a written and numbered statement of challenge. The statement shall contain the name and residence address of the challenger, the name of the person challenged and a statement of the facts upon which the challenge is based.

      (3) A person’s ballot may be challenged at any time before the ballot is removed from its return envelope for processing. [Formerly 250.350; 1981 c.142 §4; 1985 c.808 §38; 1991 c.14 §1; 1995 c.607 §81; 1999 c.410 §55; 2007 c.154 §37]

      254.426 Procedure on challenged ballot. (1) Whenever any person offers to vote a ballot challenged under ORS 254.415, the county clerk shall ensure that the ballot offered by the person includes the number of the written statement of challenge so that the ballot may be identified in any future contest of the election.

      (2) The county clerk shall examine the challenge and determine if the person is validly registered to vote and if the vote was properly cast. The ballot shall be counted only if the county clerk determines the person is validly registered.

      (3) The county clerk shall ensure that the information on the numbered written statement is treated as confidential so that in the event of a recount of votes it cannot be determined how any challenged person voted.

      (4) The county clerk shall mail to each person offering to vote a ballot challenged under ORS 254.415 a written statement that describes the nature of the challenge. If the person does not provide evidence sufficient to verify the person’s registration by the deadline described in subsection (5) of this section, the registration of the person shall be considered inactive until the person updates or verifies the registration, the registration is canceled or the county clerk determines that the person is validly registered.

      (5) The registration of each person offering to vote a ballot challenged under ORS 254.415 shall be verified not later than the 14th calendar day after the date of the election in order for the vote of the person to be counted. [1991 c.14 §3; 1993 c.713 §33; 1995 c.607 §82; 2009 c.511 §9; 2013 c.695 §1]

      254.431 Special procedure for ballots challenged due to failure to sign return envelope or nonmatching signature; public record limitation. (1) If a ballot is challenged because it is returned in an unsigned return identification envelope or because the signature of an elector on a return identification envelope does not match the signature in the voter registration record for the elector, the county clerk shall mail to the elector a notice that describes the nature of the challenge. The Secretary of State shall design a standard form to be used in all notifications sent by county clerks under this subsection.

      (2)(a) In order for the vote of the elector to be counted, the elector must provide evidence sufficient to disprove the challenge not later than the 21st calendar day after the date of the election. In the case of an unsigned return identification envelope, providing sufficient evidence may include completing a certified statement on a form provided by the county clerk. The Secretary of State shall design a standard form to be used for certified statements made under this paragraph.

      (b) If the elector does not provide evidence sufficient to disprove a challenge alleging that the signature of the elector on a return identification envelope does not match the signature in the voter registration record for the elector by the 21st calendar day after the date of the election, the registration of the elector shall be considered inactive.

      (3)(a) The filing officer may not release as a public record any information that could be used to identify an elector whose ballot has been challenged under this section until the 15th calendar day after the date of an election.

      (b) Following the 14th calendar day after the date of an election, the filing officer may disclose as a public record under ORS 192.311 to 192.478 the following information about each elector whose ballot was challenged under this section:

      (A) The name of the elector;

      (B) The residence addresses of the elector; and

      (C) The reason the elector’s ballot is being challenged.

      (4) The provisions of ORS 247.281 apply to an elector whose registration becomes inactive under this section.

      (5) As used in this section, “filing officer” means:

      (a) The Secretary of State, for federal or statewide elections and for elections to the office of state Senator or Representative; or

      (b) The county clerk, for county, city or district elections. [2013 c.695 §3; 2014 c.67 §3; 2014 c.112 §3; 2015 c.169 §5; 2017 c.749 §49; 2021 c.233 §4; 2021 c.551 §16]

      254.445 Assistance in marking ballot; use of sample ballot as aid in voting. (1) If an elector is within the county and, because of a physical disability or an inability to read or write, is unable to mark the ballot, the elector may request and shall receive the assistance of two persons of different parties provided by the clerk or of some other person chosen by the elector in marking the ballot. The persons assisting the elector shall ascertain the wishes of the elector and assist the elector in voting the ballot accordingly, and thereafter may give no information regarding the vote.

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

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

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

      (3) In preparing the ballot, an elector may use or copy a sample ballot, which may be marked in advance to assist the elector in marking the official ballot. [Formerly 250.690; 1985 c.471 §11; 1999 c.410 §56; 2007 c.154 §38]

      254.458 Alternatives to return identification envelope procedures. (1) Notwithstanding any provision of ORS 254.470:

      (a) A county clerk may apply to the Secretary of State for approval of any procedure to be used in lieu of the return identification envelope procedures described in ORS 254.470; and

      (b) Upon receiving an application under paragraph (a) of this subsection, the secretary may approve a procedure to be used in lieu of the return identification envelope procedures described in ORS 254.470 if the secretary determines that the procedure will provide substantially the same degree of secrecy as ORS 254.470.

      (2) A procedure approved by the secretary under this section must comply with the prohibitions set forth in ORS 254.470 (13). [1995 c.607 §84; 2007 c.154 §39; 2019 c.508 §5; 2021 c.551 §14]

      254.465 Elections to be conducted by mail; rules. (1) County clerks shall conduct all elections in this state by mail.

      (2) The Secretary of State shall adopt rules to:

      (a) Provide for uniformity in the conduct of state elections by mail; and

      (b) Govern the procedures for conducting elections by mail. [1981 c.805 §1; 1983 c.199 §1; 1985 c.575 §1; 1987 c.267 §80; 1987 c.357 §2; 1991 c.719 §12; 1993 c.493 §§41,42; 1995 c.712 §64; 1999 c.3 §1; 1999 c.999 §53; 2007 c.154 §1]

      254.470 Procedures for conducting election by mail; rules. (1) The Secretary of State by rule shall establish requirements and criteria for the designation of places of deposit for the ballots cast in an election. The rules shall also specify the dates and times the places of deposit must be open and the security requirements for the places of deposit. At a minimum, the places designated under this section shall be open on the date of the election for a period of eight or more hours, but must be open until at least 8 p.m. At each place of deposit designated under this section, the county clerk shall prominently display a sign stating that the location is an official ballot drop site.

      (2)(a) Except as provided in paragraphs (b) to (d) of this subsection, the county clerk shall mail by nonforwardable mail an official ballot with a return identification envelope and a secrecy envelope not sooner than the 20th day before the date of an election and not later than the 14th day before the date of the election, to each active elector of the electoral district as of the 21st day before the date of the election.

      (b) If the county clerk determines that an active elector of the electoral district as of the 21st day before the date of the election does not receive daily mail service from the United States Postal Service, the county clerk shall mail by nonforwardable mail an official ballot with a return identification envelope and a secrecy envelope to the elector not sooner than the 20th day before the date of an election and not later than the 18th day before the date of the election.

      (c) In the case of ballots to be mailed to addresses outside this state to electors who are not military or overseas electors, the county clerk may mail the ballots not sooner than the 29th day before the date of the election.

      (d) The county clerk is not required to mail a secrecy envelope under this subsection if the Secretary of State has approved a different procedure under ORS 254.458 that provides substantially the same degree of secrecy.

      (3) For an election held on the date of a primary election:

      (a) The county clerk shall mail the official ballot of a major political party to each elector who is registered as being affiliated with the major political party as of the 21st day before the date of the election.

      (b) The county clerk shall mail the official ballot of a major political party to an elector not affiliated with any political party if the elector has applied for the ballot as provided in this subsection and that party has provided under ORS 254.365 for a primary election that admits electors not affiliated with any political party.

      (c) An elector not affiliated with any political party who wishes to vote in the primary election of a major political party shall apply to the county clerk in writing. The application must be completed, signed and submitted by the elector electronically, in person or by mail, in a manner determined by the secretary by rule and must indicate which major political party ballot the elector wishes to receive. Except for electors described in subsection (4) of this section, and subject to ORS 247.203, the application must be received by the county clerk not later than 5 p.m. of the 21st day before the date of the election.

      (d) If the primary election ballot includes city, county or nonpartisan offices or measures, the county clerk shall mail to each elector who is not eligible to vote for party candidates a ballot limited to those offices and measures for which the elector is eligible to vote.

      (4)(a) For each elector who updates a voter registration after the deadline in ORS 247.025, the county clerk shall make the official ballot, the return identification envelope and the secrecy envelope available either by mail or at the county clerk’s office or at another place designated by the county clerk. An elector to whom this subsection applies must request a ballot from the county clerk.

      (b) The county clerk is not required to make available a secrecy envelope under this subsection if the Secretary of State has approved a different procedure under ORS 254.458 that provides substantially the same degree of secrecy.

      (5) The ballot shall contain the following warning:

      Any person who, by use of force or other means, unduly influences an elector to vote in any particular manner or to refrain from voting is subject to a fine.

      (6)(a) Upon receipt of any ballot described in this section, the elector shall mark the ballot, sign the return identification envelope supplied with the ballot and comply with the instructions provided with the ballot.

      (b) The elector may return the marked ballot to the county clerk by United States mail or by depositing the ballot at the office of the county clerk, at any place of deposit designated by the county clerk or at any location described in ORS 254.472 or 254.474.

      (c) The ballot must be returned in the return identification envelope.

      (d) Subject to paragraph (e) of this subsection, if a person returns a ballot for an elector, the person shall deposit the ballot in a manner described in paragraph (b) of this subsection not later than two days after receiving the ballot.

      (e) If the elector deposits the ballot at the office of the county clerk, at any place of deposit designated by the county clerk or at any location described in ORS 254.472 or 254.474, the ballot must be received at the office of the county clerk, at the designated place of deposit or at any location described in ORS 254.472 or 254.474 not later than the end of the period determined under subsection (1) of this section on the date of the election. If the elector returns the ballot by mail:

      (A) The ballot must be received at the office of the county clerk not later than the end of the period determined under subsection (1) of this section on the date of the election; or

      (B) The ballot must:

      (i) Have a postal indicator showing that the ballot was mailed not later than the date of the election; and

      (ii) Be received at the office of the county clerk not later than seven calendar days after the date of the election.

      (f) If a county clerk receives a marked 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.

      (7) The following shall appear on the return identification envelope:

      (a) Space for the elector to sign the envelope.

      (b) A notice designed by rule by the Secretary of State, in consultation with the county clerks, explaining that by signing the ballot the elector is attesting under penalty of perjury that the ballot was mailed no later than the date of the election.

      (c) A summary of the applicable penalties for knowingly making a false statement, oath or affidavit under the election laws.

      (8) If the elector returns the ballot by mail, and a postal indicator is not present or legible, the ballot shall be considered to be mailed on the date of the election and may be counted if the ballot is received no later than seven calendar days after the election.

      (9) An elector may obtain a replacement ballot if the ballot is destroyed, spoiled, lost or not received by the elector. Replacement ballots shall be issued and processed as described in this section and ORS 254.480. The county clerk shall keep a record of each replacement ballot provided under this subsection. Notwithstanding any deadline for mailing ballots in subsection (2) of this section, a replacement ballot may be mailed, made available in the office of the county clerk or made available at one central location in the electoral district in which the election is conducted. The county clerk shall designate the central location. A replacement ballot need not be mailed after the fifth day before the date of the election.

      (10) A ballot shall be counted only if:

      (a) It is returned in the return identification envelope;

      (b) The envelope is signed by the elector to whom the ballot is issued, unless a certified statement is submitted under ORS 254.431; and

      (c) The signature is verified as provided in subsection (11) of this section.

      (11) The county clerk shall verify the signature of each elector on the return identification envelope with the signature on the elector’s registration record, according to the procedure provided by rules adopted by the Secretary of State. If the county clerk determines that an elector to whom a replacement ballot has been issued has voted more than once, the county clerk shall count only one ballot cast by that elector.

      (12) At 8 p.m. on election day, electors who are at the county clerk’s office, a place of deposit designated under subsection (1) of this section or any location described in ORS 254.472 or 254.474 and who are in line waiting to vote or deposit a voted ballot shall be considered to have begun the act of voting.

      (13)(a)(A) Except as provided in subparagraph (B) of this paragraph, the name of the Secretary of State may not appear in the secretary’s official capacity on the return identification envelope or on any instructions or materials included with the ballot if the secretary is a candidate in the election for which the ballot is printed.

      (B) This paragraph does not prohibit the name of the Secretary of State from appearing in the secretary’s official capacity in the voters’ pamphlet.

      (b) The name of the county clerk or other filing officer may not appear in the official capacity of the county clerk or filing officer on the return identification envelope or on any instructions or materials included with the ballot if the county clerk or filing officer is a candidate in the election for which the ballot is printed.

      (c) As used in this subsection, “filing officer” has the meaning given that term in ORS 254.165.

      (14) As used in this section, “postal indicator” means a postmark or other indicator on a mailed ballot, identified by the Secretary of State by rule, that demonstrates the date or time at which a ballot was mailed. [1981 c.805 §2; 1983 c.199 §2; 1985 c.575 §2; 1987 c.357 §3; 1987 c.733 §7a; 1993 c.493 §44; 1995 c.607 §43; 1995 c.712 §65; 1995 c.742 §17; 1999 c.410 §57; 1999 c.999 §54a; 1999 c.1002 §11; 2001 c.104 §79; 2001 c.805 §7; 2001 c.965 §14; 2005 c.797 §47; 2007 c.71 §78; 2007 c.154 §40a; 2008 c.53 §5; 2009 c.511 §24; 2013 c.520 §18; 2013 c.617 §3; 2013 c.679 §3; 2015 c.169 §3; 2017 c.749 §50; 2018 c.70 §4; 2019 c.508 §3; 2019 c.638 §3; 2021 c.473 §14; 2021 c.551 §1]

      254.471 Extension of deadline for returning ballots in case of emergency. (1) Notwithstanding ORS 171.185, 203.085, 221.230, 221.621, 254.056, 254.470, 254.655, 255.335, 255.345, 258.075, 545.135 and 568.520, the Governor by written proclamation may extend the deadline for returning ballots in any state, county, city or district election if the Governor receives a written request for the extension from the Secretary of State. The secretary may request the Governor to extend the deadline for returning ballots under this section if, after consultation with affected county clerks, the secretary determines that it would be impossible or impracticable for electors to return ballots or for elections officials to tally ballots due to an emergency as defined in ORS 401.025.

      (2) The Governor may not extend the deadline for returning ballots in any state, county, city or district election under subsection (1) of this section for more than seven calendar days after the date of the election.

      (3) The written proclamation required under subsection (1) of this section shall state:

      (a) The determination of the Governor;

      (b) The reason the deadline for returning ballots was extended; and

      (c) The date and time by which ballots must be returned in the election.

      (4) Notwithstanding any other provision of this chapter, if the Governor extends the deadline for returning ballots under subsection (1) of this section, a county clerk in any county in this state may not order a tally report from any vote tally machine in the election until the date and time set by the Governor by which ballots must be returned in the election. [2007 c.183 §2; 2009 c.718 §18]

      254.472 Compartments for marking ballots. The county clerk shall provide, at any location where ballots are issued, at least three suitable compartments, shelves or tables at which electors may mark their ballots. The arrangement of the compartments, shelves or tables shall ensure that the elector may conveniently mark the ballot with absolute secrecy. The compartments, shelves or tables shall be available during the entire time that ballots may be issued. [1999 c.410 §42]

      254.473 State payment for return of ballots by mail. (1) Except as provided in subsection (2) of this section, for each election held in this state, electors shall be provided with a return identification envelope that may be returned by business reply mail. The state shall bear the cost of complying with this subsection.

      (2) The Secretary of State may require that the return identification envelopes provided to electors be returned by mail by using a method other than business reply mail if the secretary determines that an alternative method is more cost effective or efficient. The state shall bear the cost of returning ballots by mail under any method adopted by the secretary under this subsection.

      (3) As used in this section, “business reply mail” means a mailing service allowing a preaddressed return identification envelope to be mailed by an elector without charge, with the state paying the mailing fee for a return identification envelope that is returned by United States mail but not for a return identification envelope that is not returned by United States mail. [2019 c.638 §2]

      254.474 Voting booths for primary and general elections. (1) At each primary election and general election, the county clerk shall maintain voting booths in the county as follows:

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

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

      (2) The county clerk may determine the location of the voting booths required under this section. [1999 c.1002 §4; 1999 c.999 §54b; 2007 c.154 §41]

      254.476 Personnel for counting ballots. The county clerk may employ personnel as necessary to open envelopes, prepare ballots for counting and count ballots. The personnel may not all be members of the same political party. A candidate on the ballot at an election, other than an incumbent candidate for county clerk, or a person who is the spouse, child, son-in-law, daughter-in-law, parent, mother-in-law, father-in-law, sibling, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, stepparent or stepchild of any candidate on the ballot may not be employed and may not serve as a volunteer in the capacity described in this section. [1999 c.410 §41; 2009 c.511 §10]

      254.478 Preparation for counting ballots; scanning ballots into vote tally system. (1) Subject to ORS 260.705, upon receipt of ballots, the county clerk may:

      (a) Begin opening return identification envelopes of ballots and any used secrecy envelopes of ballots; and

      (b) In accordance with a security plan approved by the Secretary of State under ORS 254.074, begin scanning ballots into a vote tally system.

      (2) The county clerk may take any other actions that are necessary to count ballots. [1999 c.1002 §2; 2001 c.965 §15; 2009 c.592 §1; 2021 c.473 §15; 2021 c.551 §22]

      254.480 Replacement ballots. (1) An elector may obtain a replacement ballot described in ORS 254.470. To vote a replacement ballot, the elector must complete and sign a replacement ballot request form. The request for a replacement ballot may be made electronically, by telephone, in writing, in person or by other means designated by the Secretary of State by rule.

      (2) The replacement ballot request form shall be mailed or made available to the elector along with the replacement ballot.

      (3) Upon receiving a request for a replacement ballot, the county clerk shall:

      (a) Verify the registration of the elector and ensure that another ballot has not been returned by the elector;

      (b) Note in the list of electors that the elector has requested a replacement ballot;

      (c) Mark the return identification envelope clearly so that it may be readily identified as a replacement ballot; and

      (d) Issue the replacement ballot by mail or other means.

      (4) The completed and signed replacement ballot request form and the voted replacement ballot must be received at the office of the county clerk, a place of deposit designated by the county clerk or any location described in ORS 254.472 or 254.474 not later than the end of the period determined under ORS 254.470 (1) on the date of the election.

      (5) Upon receiving a voted replacement ballot, the county clerk shall verify that a completed and signed replacement ballot request form has been received by the county clerk or is included with the voted replacement ballot. If a request form has been completed and signed by the elector and received by the county clerk, the county clerk shall process the ballot. If the request form is not completed or signed by the elector or received by the county clerk, the county clerk may not process the ballot. [2001 c.965 §27; 2007 c.154 §42; 2008 c.53 §6; 2009 c.511 §25]

      254.482 Persons authorized to watch receiving and counting of votes. After the date that ballots are mailed as provided in ORS 254.470, the county clerk, if requested, shall permit authorized persons to be at the office of the county clerk to watch the receiving and counting of votes. The authorization shall be in writing, shall be signed by an officer or its county affiliate of a political party, a candidate or the county clerk and shall be filed with the county clerk. The county clerk shall permit only so many persons as watchers under this section as will not interfere with an orderly procedure at the office of the county clerk. [2001 c.805 §3; 2005 c.797 §56]

REGISTRATION

      247.009 Qualification to vote in political subdivision. 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]

      247.012 Method of registering or updating a registration; when registration occurs; minimum registration information required; effect of missing registration information; registration locations. (1) A qualified person may register to vote or update a registration to vote by:

      (a) Delivering by mail, having a person deliver or otherwise delivering 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, or having a person deliver, the card to an official designated by a county clerk under subsection (7) of this section;

      (c) Submitting the person’s legal name, age, residence and citizenship information and electronic signature to the Department of Transportation; or

      (d) Completing a registration card using the electronic voter registration system described in ORS 247.019.

      (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 and is addressed to an office of any county clerk, the Office of the Secretary of State, an office of the Department of Transportation or any designated voter registration agency as described in ORS 247.208; 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)(a) Except as provided in ORS 247.125, 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.

      (b) If the information required under paragraph (a) of this subsection is missing from the registration card or the date of birth is incomplete, the county clerk shall attempt to obtain the missing or incomplete information from all sources available to the county clerk, including but not limited to current and previous addresses and phone numbers of the registrant. The county clerk may also supply the registrant’s date of birth from any previous registration of the registrant. If the missing or incomplete information cannot be obtained from sources available to the county clerk, the county clerk shall use reasonable efforts to contact the registrant by phone, mail and electronic mail to obtain the missing or incomplete information.

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

      (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; 2008 c.53 §1; 2009 c.511 §1; 2009 c.914 §3; 2011 c.607 §1; 2015 c.8 §3; 2017 c.680 §1]

      247.013 Where person considered registered; change of residence address between 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 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; and

      (b) The county clerk has mailed the notice described in ORS 247.563.

      (7) 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; 2019 c.675 §1]

      247.014 Transfer of voter registration information by Department of Transportation. 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]

      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 required 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 person resides shall send the person a registration 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 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; 2007 c.555 §3]

      247.016 Registration of person who is 16 or 17 years of age; limitation on public record disclosure. (1) Subject to this section, an otherwise qualified person who is at least 16 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.

      (3) If a person who registers to vote under subsection (1) of this section will be under 18 years of age on the date of the next election held on a date listed in ORS 171.185 or the next special election, the person’s voter registration information, including but not limited to the person’s name and any identifying information, may not be disclosed as a public record under ORS 192.311 to 192.478. [2007 c.555 §2; 2015 c.8 §8; 2017 c.468 §1]

      247.017 Transfer of voter registration materials to Secretary of State from Department of Transportation; opt-out of voter registration; rules. (1) The Secretary of State shall by rule establish a schedule by which the Department of Transportation shall provide to the secretary electronic records containing the legal name, age, residence and citizenship information for, and the electronic signature of, each person who meets qualifications identified by the secretary by rule.

      (2) Upon receiving the electronic record for, and electronic signature of, a person described in subsection (1) of this section, the Secretary of State shall provide the information to the county clerk of the county in which the person may be registered as an elector. The secretary or county clerk shall notify each person of the process to:

      (a) Decline being registered as an elector.

      (b) Adopt a political party affiliation.

      (3) If a person notified under subsection (2) of this section does not decline to be registered as an elector within 21 calendar days after the Secretary of State or county clerk issues the notification, the person’s electronic record and electronic signature submitted under subsection (1) of this section will constitute a completed registration card for the person for purposes of this chapter. The person shall be registered to vote if the county clerk determines that the person is qualified to vote under Article II, section 2, of the Oregon Constitution, and the person is not already registered to vote.

      (4) A county clerk may not send a ballot to, or add to an elector registration list, a person who meets eligibility requirements until at least 21 calendar days after the Secretary of State or county clerk provided notification to the person as described in subsection (2) of this section.

      (5) In addition to providing electronic records to the Secretary of State under subsection (1) of this section, the Department of Transportation may by rule develop, and require the availability or use of, any form or application the department determines is necessary to ensure compliance with the voter registration provisions of the National Voter Registration Act of 1993 (P.L. 103-31).

      (6) The Secretary of State shall adopt rules required to implement subsections (1) to (4) of this section. [Formerly 802.090; 1995 c.742 §2; 2007 c.555 §4; 2015 c.8 §1; 2019 c.701 §23c]

      247.019 Electronic voter registration; rules. (1) The Secretary of State by rule shall adopt an electronic voter registration system to be used by qualified persons who have a valid:

      (a) Oregon driver license, as defined in ORS 801.245;

      (b) Oregon driver permit, as defined in ORS 801.250; or

      (c) State identification card, issued under ORS 807.400.

      (2) The electronic voter registration system shall allow a qualified person to complete and deliver a registration card electronically. A registration card delivered under this section is considered delivered to the Secretary of State for purposes of this chapter.

      (3) A person who completes a registration card electronically under this section consents to the use of the person’s driver license, driver permit or state identification card signature for voter registration purposes.

      (4) The Department of Transportation shall provide to the Secretary of State a digital copy of the driver license, driver permit or state identification card signature of each person who completes a registration card under this section. [2009 c.914 §2]

      247.025 Registration deadline; required address. 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;

      (2) A person’s registration card must be postmarked not later than the 21st day immediately preceding the election and be addressed to an office of any county clerk, the Office of the Secretary of State, an office of the Department of Transportation or any designated voter registration agency as described in ORS 247.208; or

      (3) A person’s registration card must be delivered electronically as described in ORS 247.019 not later than 11:59 p.m. of 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; 2008 c.53 §2; 2010 c.9 §2]

      247.035 Rules to consider in determining residence of person for voting purposes. (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]

      247.038 Registration of person who is homeless or resides in identifiable location. (1) A qualified person who is homeless 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 location may be any place within the county describing the physical location of the person; and

      (b) The mailing address of a person who is homeless or resides in a shelter, park, motor home, marina or other identifiable location may be the office of the county clerk. [1993 c.493 §104; 2007 c.553 §1]

      247.125 Alteration of registration card prohibited; exceptions. (1) A person may not alter any information supplied on a registration card except:

      (a) An elections officer in the performance of official duties.

      (b) The person who supplies the information on the registration card for the purpose of registering to vote.

      (2) A county clerk may not register a person who alters any information printed on a registration card regarding:

      (a) The indication that the person is a citizen of the United States; or

      (b) The signature statement in which the person attests to the person’s qualifications as an elector and the information supplied on the voter registration card. [1985 c.808 §6; 2009 c.511 §2]

      247.171 State and federal voter registration cards; Secretary of State approval of voter registration application forms of voter registration agencies; content of voter registration cards. (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 any agency designated as 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; 2015 c.8 §4]

      247.174 Determining if person qualified to register or update registration; hearing. (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]

      247.176 Request for delivery of registration card; rules. (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]

      247.178 Distribution of registration cards. 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]

      247.181 Voter notification card. (1) The county clerk shall prepare and issue by nonforwardable mail to each elector a voter notification 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 voter notification card by nonforwardable mail.

      (3) If an elector loses a voter notification 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; 2013 c.243 §1]

      247.191 Correction of registration and voter notification 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 may issue by nonforwardable mail a written notice of the change and a new voter notification 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; 2013 c.243 §2]

      247.195 Inquiry into validity of registration; 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 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]

      247.203 Change, termination or adoption of party affiliation before primary election. 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]

      247.208 Voter registration agencies; designation; prohibited activities; required services; assessment of compliance with federal guidelines. (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.

      (7) At least once each biennium, the Secretary of State shall:

      (a) Assess new and developing federal guidelines regarding compliance with the National Voter Registration Act of 1993 (P.L. 103-31);

      (b) Identify steps necessary to ensure ongoing compliance with the National Voter Registration Act of 1993 (P.L. 103-31);

      (c) Identify barriers to and research opportunities for ensuring the accuracy, security and efficiency of current voter registration processes at voter registration agencies designated under this section; and

      (d) Identify ways to improve use of current technology. [1993 c.713 §5; 2011 c.374 §3]

UPDATING REGISTRATION

      247.275 Limits on considering registration of elector inactive; rules. (1) Notwithstanding any other provision of ORS chapters 246 to 260, the registration of an elector may not be considered inactive due to an elector not voting or updating the elector’s registration for any period of time.

      (2) The registration of an elector shall be considered active if the only reason for the registration of an elector being considered inactive is that the elector neither voted nor updated the elector’s registration for any period of time.

      (3) The Secretary of State may adopt rules necessary to implement this section. [2021 c.233 §2]

      247.281 Notice to elector of inactive registration; contents. (1) The county clerk shall mail a notice to each elector:

      (a) Whose registration is inactive as of the 75th day before the date of a primary election or general election;

      (b) Whose registration is considered inactive due to a nonmatching signature under ORS 254.431 or a name change under ORS 254.411; and

      (c) For whom the county clerk has a valid and current mailing address.

      (2) The notice sent under subsection (1) of this section must:

      (a) Inform the elector that the elector’s registration is currently inactive;

      (b) State the reason for the inactivation;

      (c) Contain information on how the elector can reactivate the elector’s registration; and

      (d) Be sent to the elector no earlier than 70 days and no later than 60 days before the election.

      (3) In addition to the notice required to be sent under subsection (1) of this section, the county clerk may mail a notice to each elector described in subsection (1)(b) of this section whose registration is inactive as of the 75th day before the date of an election other than a primary election or general election. Any notice the county clerk chooses to send under this subsection must comply with the requirements set forth in subsection (2) of this section.

      (4) The Secretary of State shall design a standard form to be used in all notifications sent by the county clerk under this section. [2021 c.233 §3]

      247.290 Registration update requirement; procedure; exceptions. (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; 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 provided in this chapter.

      (3) 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. [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 elector changing residence; procedure. (1) A county clerk shall update the registration of an elector in the county upon receiving 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;

      (b) The United States Postal Service indicating a residence address that is different from the residence address for the elector as contained in the records of the county clerk; or

      (c) The Secretary of State as provided in ORS 247.017 or 247.295.

      (2) When a county clerk updates the registration of an elector under subsection (1) of this section, the clerk shall send a new voter notification 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 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; 2008 c.53 §3; 2013 c.243 §3; 2015 c.8 §5]

      247.295 Verification of addresses of electors; change of address service. (1) The Secretary of State shall subscribe to a change of address service that is approved or endorsed by the United States Postal Service and use the service to verify the accuracy of the addresses of electors contained in the centralized voter registration system.

      (2) If the secretary determines that the address of an elector is different from the address for the elector as contained in the records of the county clerk, the secretary shall provide the information obtained under this section to the county clerk of each affected county. Based on information received under this section, each county clerk shall update the registration of electors in the county if the clerk determines that an update is required. [2008 c.53 §8; 2010 c.9 §3]

      247.296 Verification of addresses of electors; update of registration; notice; cancellation prohibited during certain periods. (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]

      247.298 Extension of time for automatic 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]

      247.302 Effective date of registration automatically updated by county clerk. (1) The effective date of a voter registration updated under ORS 247.292 is the date on which the county clerk receives evidence of the change of residence or mailing address.

      (2) The effective date of a voter registration updated under ORS 247.296 is the date on which the county clerk changes the address information on the voter registration file. [1993 c.713 §17f; 1999 c.410 §14; 2009 c.511 §3; 2015 c.8 §6]

      247.303 Deadline for updating registration. 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]

      247.307 Issuance of ballot when registration updated after registration deadline. (1) Except as provided in subsection (2) of this section, 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; or

      (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) If the county clerk receives a registration card updating an elector’s residence or mailing address after the deadline in ORS 247.025, the county clerk shall reissue a ballot to the elector if the elector’s registration was active prior to updating.

      (3)(a) If the county clerk is required to reissue a ballot under subsection (2) of this section, the county clerk shall:

      (A) Verify the registration of the elector and ensure that another ballot has not been returned by the elector;

      (B) Mark the return identification envelope clearly so that it may be readily identified as a reissued ballot; and

      (C) Reissue the ballot by mail or other means.

      (b) A ballot reissued under this section must be received at the office of the county clerk, a place of deposit designated by the county clerk or any location described in ORS 254.472 or 254.474 not later than the end of the period determined under ORS 254.470 (1) on the date of the election. Upon receiving a voted ballot reissued under this section, the county clerk shall process the ballot.

      (4) 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; 2008 c.53 §4; 2009 c.511 §23]

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 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]

      247.420 Special ballot for voting under ORS 247.410. (1) A county clerk shall give a ballot marked “Federal 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; 2017 c.749 §3]

REMOVAL OF NAMES FROM REGISTER OF ELECTORS

      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 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]

      247.563 Notice to elector whose registration appears invalid; contents; effect of notice; exceptions. (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 or another county clerk indicating a change of residence or mailing address or from the United States Postal Service indicating a change of residence 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; 2007 c.881 §7]

      247.570 Notice of deaths to Secretary of State and county clerk; effect of notice. (1) Not later than five business days after receiving a report of death under ORS 432.133, 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 report 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 Oregon Health Authority, 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 report of death was not submitted to 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; 2009 c.595 §193; 2013 c.366 §72]

      247.580 County clerk to retain notices or elector listings for two years. (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

      247.940 Statewide list of electors; delivery without charge to political parties; requirements for requesting list. (1) A major political party qualified under ORS 248.006 or a minor political party qualified under ORS 248.008 may request from the Secretary of State a statewide list of electors, as described in ORS 247.945 (4). The list may not contain any information about participants in the Address Confidentiality Program established under ORS 192.820 to 192.868 or any information that may not be publicly disclosed under ORS 247.948. A major political party or a minor political party may make no more than two separate requests under this subsection per primary election, general election or special election.

      (2) A request for a list under subsection (1) of this section must be made:

      (a) Not earlier than six months before the primary election, general election or special election; and

      (b) Not later than the 15th day before the primary election, general election or special election.

      (3) If the Secretary of State receives a request under subsection (1) of this section, the secretary shall deliver the list not later than 10 days after receiving the request.

      (4) The Secretary of State 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; 2019 c.675 §5]

      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 information about participants in the Address Confidentiality Program established under ORS 192.820 to 192.868 or any information that may not be publicly disclosed under ORS 247.948. 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.

      (4) Upon request, the Secretary of State shall deliver to any person a statewide list of electors. Except as provided in ORS 247.940 (4), the secretary shall charge a fee of $500 for delivering a list under this subsection. The list may not contain any information about participants in the Address Confidentiality Program established under ORS 192.820 to 192.868 or any information that may not be publicly disclosed under ORS 247.948. [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; 2019 c.675 §6]

      247.948 Information required for or prohibited from inclusion in lists of electors. (1)(a) Except as set forth in ORS 247.965 or 247.967, or as otherwise prohibited by law, the following information about an elector contained within an elector’s registration file is subject to inspection as a public record under ORS 192.311 to 192.478 and shall be included in lists delivered under ORS 247.940 and 247.945:

      (A) The major political party or minor political party, if any, with which an elector is affiliated;

      (B) The residence address of an elector;

      (C) The address where an elector receives a ballot;

      (D) The year in which an elector was born;

      (E) The name or number of the precinct in which the elector resides;

      (F) The precinct split of an elector;

      (G) The administrative number for an elector that is used by the Secretary of State to determine which elections an elector may vote in;

      (H) The telephone number of an elector;

      (I) Whether or not an elector voted in previous elections; and

      (J) During an election period, the ballot status of an elector. In order to comply with this subparagraph, during the election period, the secretary shall maintain a list of the ballot status of electors. The secretary shall update the list, and make available an updated version of the list, on each business day of the election period.

      (b) As used in this subsection:

      (A) “Ballot status” means whether or not an elector has cast a ballot in the election;

      (B) “Election period” means the period of time beginning on the date that ballots for an election are first mailed to electors and ending on the date of the election; and

      (C) “Precinct split” means the enhanced precinct name or number used to determine the specific ballot configuration that will be received by an elector who resides in a precinct that:

      (i) Has more than one election district subdivision; and

      (ii) Requires more than one ballot configuration for electors in the precinct.

      (2) Except as set forth in ORS 247.973 or as otherwise required by law, the following information about an elector contained within an elector’s registration file is not subject to inspection as a public record under ORS 192.311 to 192.478 and may not be disclosed by the Secretary of State or a county clerk:

      (a) The birth month of an elector;

      (b) The day of the month on which an elector was born;

      (c) The Social Security number of an elector;

      (d) The driver license number of an elector; and

      (e) The signature of an elector.

      (3) Nothing in this section is intended to limit or restrict the disclosure of information that is otherwise subject to inspection as a public record under ORS 192.311 to 192.478. [2018 c.70 §21]

      247.955 Use of lists of electors for commercial purposes prohibited; exceptions. (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

      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 192.311 to 192.478.

      (2) The county clerk shall keep the residence address of an elector exempt from disclosure as a public record under ORS 192.311 to 192.478 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 or the Secretary of State 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; 2019 c.675 §7]

      247.967 Conditions where disclosure of elector’s residence address required; procedure; exception. Notwithstanding any provision of ORS 192.311 to 192.478:

      (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 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.

      (3) The county clerk may not disclose the actual address, as defined in ORS 192.820, of an Address Confidentiality Program participant 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 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]

      247.973 Status of signature on voter registration card as public record; copies of signature prohibited; voter registration 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 192.311 to 192.478. The signature may be inspected in the Office of the Secretary of State or 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 192.311 to 192.478.

      (5) Identifying information relating to a disability of an elector that is entered into official voter registration records by an elections official is exempt from disclosure under ORS 192.311 to 192.478. [1999 c.824 §4; 2003 c.803 §15; 2007 c.156 §1; 2018 c.70 §22]

STATE VOTERS’ PAMPHLET GENERALLY

      251.005 Definitions. As used in this chapter:

      (1) “Candidate” means an individual whose name is or is expected to be printed on the official ballot.

      (2) “City office” means the office of mayor, city auditor, city councilor or municipal judge of a city having a population of 50,000 or more according to the most recent determination made under ORS 190.510 to 190.610.

      (3) “County clerk” means the county clerk or the county official in charge of elections.

      (4) “Elector” means an individual qualified to vote under section 2, Article II, Oregon Constitution.

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

      (a) A proposed law.

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

      (c) A revision of or amendment to the Oregon Constitution.

      (d) Local, special or municipal legislation.

      (e) A proposition or question. [1979 c.190 §172; 1981 c.173 §28; 1983 c.123 §1; 1983 c.392 §4; 1987 c.432 §1; 2003 c.14 §118]

      251.008 Joint production of state and county voters’ pamphlet. Notwithstanding any other provision of law, the Secretary of State and a county may enter into an intergovernmental agreement as provided in ORS 190.003 to 190.130 under which the Secretary of State and the county clerk of the county may jointly produce a voters’ pamphlet for any election as provided under this chapter or any other law relating to production and distribution of a voters’ pamphlet. [1993 c.3 §2 and 1993 c.604 §9]

      251.012 Size, format and distribution of voters’ pamphlet. The Secretary of State by rule shall prescribe the size, format and method of distribution of any state voters’ pamphlet, subject to the limits described in this chapter. [1999 c.318 §7]

      251.014 Electronic filing system; rules. (1) The Secretary of State by rule shall adopt an electronic filing system to allow estimates, portraits, statements or arguments to be filed electronically using the Internet.

      (2) The Secretary of State may adopt rules to administer this section. [2011 c.646 §9]

      Note: 251.014 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 251 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

      251.016 Disposition of fee. The Secretary of State shall pay fees received under this chapter into the General Fund. [1979 c.190 §173]

      251.022 Voters’ pamphlet for election to fill vacancy in office of United States Senator or Representative in Congress. (1) If a special election or special primary election is held under ORS 188.120 for the purpose of filling a vacancy in election or office of United States Senator or Representative in Congress, or for nominating a candidate of each major political party to fill the vacancy, the Secretary of State shall prepare a voters’ pamphlet for each election.

      (2) A voters’ pamphlet prepared under subsection (1) of this section shall contain information about the candidates for nomination or election to the office of United States Senator or Representative in Congress at the special election or special primary election. [1999 c.318 §6]

      251.026 Statements and information included in voters’ pamphlets; rules. (1) The Secretary of State shall prepare and have printed in the voters’ pamphlet for the state primary election, the general election and any special election described in ORS 251.022 a statement containing, if applicable:

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

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

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

      (d) Any other information the Secretary of State considers relevant to the conduct of the election.

      (2) The Secretary of State, in cooperation with the county clerks, shall include:

      (a) A statement on the cover of the voters’ pamphlet that the pamphlet may be used to assist electors in voting; and

      (b)(A) Statements in the information section of the voters’ pamphlet on the pages immediately following the page containing the Secretary of State letter, to the extent reasonably practicable, that, for residents of each county to which the voters’ pamphlet is distributed:

      (i) Are written in English and the five additional common languages for the county listed by the Secretary of State under ORS 251.167;

      (ii) Explain that an electronic copy of portions of the voters’ pamphlet is publicly available in that language; and

      (iii) Provide the website address to the translated voters’ pamphlet.

      (B) The statements required under subparagraph (A) of this paragraph must be written so as to be clearly readable.

      (C) The Secretary of State may adopt rules necessary to implement this paragraph.

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

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

      (b) Voter registration forms.

      (c) Elector instructions, including the right of an elector to request a second ballot if the first ballot is spoiled and the right of an elector to seek assistance in marking the ballot.

      (4)(a) The name of the county clerk or other filing officer may not appear in the voters’ pamphlet in the county clerk’s or filing officer’s official capacity if the county clerk or filing officer is a candidate in the election for which the voters’ pamphlet is printed.

      (b) As used in this subsection, “filing officer” has the meaning given that term in ORS 254.165. [Formerly 255.025; 1987 c.267 §24; 1991 c.719 §§23,24; 1993 c.713 §28; 1993 c.797 §21a; 1995 c.712 §35; 1999 c.318 §9; 1999 c.410 §25; 2019 c.508 §1; 2021 c.464 §4]

      Note: The amendments to 251.026 by section 4, chapter 464, Oregon Laws 2021, apply to all voters’ pamphlets distributed on or after June 30, 2022. See section 10, chapter 464, Oregon Laws 2021. The text that applies to all voters’ pamphlets distributed before June 30, 2022, is set forth for the user’s convenience.

      251.026. (1) The Secretary of State shall prepare and have printed in the voters’ pamphlet for the state primary election, the general election and any special election described in ORS 251.022 a statement containing, if applicable:

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

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

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

      (d) Any other information the Secretary of State considers relevant to the conduct of the election.

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

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

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

      (b) Voter registration forms.

      (c) Elector instructions, including the right of an elector to request a second ballot if the first ballot is spoiled and the right of an elector to seek assistance in marking the ballot.

      (4)(a) The name of the county clerk or other filing officer may not appear in the voters’ pamphlet in the county clerk’s or filing officer’s official capacity if the county clerk or filing officer is a candidate in the election for which the voters’ pamphlet is printed.

      (b) As used in this subsection, “filing officer” has the meaning given that term in ORS 254.165.

      251.046 Content of statements and arguments. (1) Statements and arguments submitted for inclusion in a voters’ pamphlet by a candidate, political party or assembly of electors, or a person supporting or opposing a measure shall consist only of words or numbers.

      (2) The Secretary of State shall specify on any instructions for filing a statement, argument or other material in the voters’ pamphlet that the statement, argument or material may be excluded under ORS 251.055. [1979 c.190 §175; 1993 c.351 §3]

      251.049 Names or titles of persons or names of organizations excluded from arguments and statements; exceptions; prohibitions. (1) Except as provided in subsection (2) of this section, the Secretary of State may not print the name or title of a person or the name of an organization in an argument supporting or opposing any measure or a statement of any candidate, political party or assembly of electors filed for inclusion in the voters’ pamphlet, if the name or title of the person or the name of the organization is cited as supporting or endorsing the argument or statement.

      (2) The Secretary of State may print the name or title of a person or the name of an organization in an argument or statement submitted for inclusion in the voters’ pamphlet as supporting or endorsing the argument or statement if:

      (a) Not later than the deadline for filing an argument or statement with the Secretary of State, the secretary receives a statement signed by the person, or by an authorized person on behalf of an organization, stating that the person consents to the use of the name or title of the person or the name of the organization; or

      (b) The name or title of a person or the name of an organization is used with a quotation made by the person or by an authorized person on behalf of an organization, the quotation was disseminated to the public prior to its inclusion in the argument or statement and the quotation is identified by its source and date.

      (3) A person may not:

      (a) Submit a false signature under subsection (2) of this section; or

      (b) Alter the manner in which a person signing a statement of consent described in subsection (2) of this section designates the person’s name or title or the name of the organization the person represents to appear in the argument or statement. This paragraph does not prohibit revisions allowed or required under ORS 251.055 or 251.087. [1987 c.724 §2; 1991 c.719 §47; 1993 c.493 §108; 2001 c.564 §1; 2003 c.233 §2; 2009 c.11 §22]

      251.055 Type of material to be excluded from pamphlet; liability for libel; procedure if material excluded; rules. (1) The Secretary of State shall reject any statement, argument, translation or other matter offered for filing and publishing in a voters’ pamphlet that:

      (a) Contains any obscene, profane or defamatory language;

      (b) Incites or advocates hatred, abuse or violence toward any person or group; or

      (c) Contains any language which may not legally be circulated through the mails.

      (2) Nothing in this chapter shall make the author of any statement, argument or translation exempt from any civil or criminal action because of any defamatory statements offered for publishing or contained in the voters’ pamphlet. The persons writing, signing or offering a statement, argument or translation for filing shall be deemed its authors and publishers.

      (3) The Secretary of State by rule shall establish a procedure to notify a person who offered a statement, argument, translation or other matter that was rejected pursuant to this section. Subject to voters’ pamphlet deadlines, the procedure shall require the Secretary of State to:

      (a) Make reasonable attempts to notify the person of the rejection; and

      (b) Allow the person, if notified pursuant to paragraph (a) of this subsection, to revise the statement, argument or translation so that it does not violate the provisions of this section. [Formerly 255.040; 1993 c.351 §1; 2021 c.464 §5]

      Note: The amendments to 251.055 by section 5, chapter 464, Oregon Laws 2021, apply to all voters’ pamphlets distributed on or after June 30, 2022. See section 10, chapter 464, Oregon Laws 2021. The text that applies to all voters’ pamphlets distributed before June 30, 2022, is set forth for the user’s convenience.

      251.055. (1) The Secretary of State shall reject any statement, argument or other matter offered for filing and printing in a voters’ pamphlet which:

      (a) Contains any obscene, profane or defamatory language;

      (b) Incites or advocates hatred, abuse or violence toward any person or group; or

      (c) Contains any language which may not legally be circulated through the mails.

      (2) Nothing in this chapter shall make the author of any statement or argument exempt from any civil or criminal action because of any defamatory statements offered for printing or contained in the voters’ pamphlet. The persons writing, signing or offering a statement or argument for filing shall be deemed its authors and publishers.

      (3) The Secretary of State by rule shall establish a procedure to notify a person who offered a statement, argument or other matter that was rejected pursuant to this section. Subject to voters’ pamphlet deadlines, the procedure shall require the Secretary of State to:

      (a) Make reasonable attempts to notify the person of the rejection; and

      (b) Allow the person, if notified pursuant to paragraph (a) of this subsection, to revise the statement so that it does not violate the provisions of this section.

      251.065 Filing portrait and statement by or for candidate; rules. (1)(a) Except as provided in paragraph (b) of this subsection, not sooner than the 120th day and not later than the 68th day before the primary election, a candidate or agent on behalf of the candidate for nomination or election at the primary election to the office of President or Vice President of the United States, United States Senator, Representative in Congress or a state office as defined in ORS 249.002 may file with the Secretary of State a portrait of the candidate and a statement of the reasons the candidate should be nominated or elected. A candidate or agent on behalf of the candidate for nomination or election to a county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, may file a portrait and statement under this subsection if permitted under ORS 251.067.

      (b) A portrait and statement may be filed not later than the 63rd day before the primary election in the event of a vacancy described in ORS 249.037 (2).

      (2) Not sooner than the 120th day and not later than the 70th day before the general election, a candidate or agent on behalf of the candidate for election at the general election to the office of President or Vice President of the United States, United States Senator, Representative in Congress or a state office as defined in ORS 249.002 may file with the Secretary of State a portrait of the candidate and a statement of the reasons the candidate should be elected. A candidate or agent on behalf of the candidate for election to a county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, may file a portrait and statement under this subsection if permitted under ORS 251.067.

      (3) In the case of a special election to fill a vacancy as described in ORS 251.022, the Secretary of State by rule shall set the deadline for filing with the secretary a portrait of the candidate and a statement of the reasons the candidate should be nominated or elected.

      (4) All portraits and statements described in this section must be filed using the electronic filing system adopted by the Secretary of State under ORS 251.014.

      (5) Subject to the requirements of this section, the Secretary of State by rule shall establish the format of the statements permitted under this section.

      (6) A portrait or statement filed under this section must be accompanied by a telephone or electronic facsimile transmission machine number where the candidate may be contacted for purposes of ORS 251.087. [Formerly 255.031; 1981 c.375 §1; 1983 c.567 §13; 1985 c.808 §30; 1987 c.267 §25; 1989 c.503 §9; 1993 c.493 §§92,93; 1995 c.550 §6; 1995 c.712 §36; 1999 c.318 §10; 1999 c.999 §40; 2011 c.646 §2a; 2011 c.652 §2; 2013 c.518 §1; 2017 c.749 §25]

      251.067 Inclusion of portrait and statement of candidate for county, city or metropolitan service district office; inclusion of county measure or metropolitan service district measure; inclusion of community college measure relating to bonding. (1) A candidate or agent on behalf of the candidate for nomination or election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, may file a portrait or statement for inclusion in the state voters’ pamphlet under ORS 251.065 if a county voters’ pamphlet described in ORS 251.305 to 251.435 is not prepared for the election in each county in which the electoral district of the candidate is located.

      (2) A community college district measure relating to bonding, a county measure or a measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, explanatory statement and arguments relating to the measure, shall be included in the state voters’ pamphlet as provided in ORS 251.285, if a county voters’ pamphlet described in ORS 251.305 to 251.435 is not prepared:

      (a) For the election on the county measure; or

      (b) In each county in which the community college district or metropolitan service district is located, for the election on the community college district measure relating to bonding or metropolitan service district measure.

      (3) If a county voters’ pamphlet described in ORS 251.305 to 251.435 is prepared for an election at which a candidate for nomination or election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, is listed on the ballot, or at which a community college district measure relating to bonding, a county measure or a measure of a metropolitan service district organized under ORS chapter 268 is listed on the ballot, the county voters’ pamphlet shall include the county or city office, the office of the metropolitan service district or the community college district measure relating to bonding, county measure or measure of the metropolitan service district. Such offices and measures shall not be included in any state voters’ pamphlet prepared for the election and distributed in the county for which the county voters’ pamphlet is prepared.

      (4) If a city, metropolitan service district organized under ORS chapter 268 or community college district is located in more than one county, and a county in which the city, metropolitan service district or community college district is located does not prepare a county voters’ pamphlet described in ORS 251.305 to 251.435 for the election, candidates for nomination or election to any city office or an elected office of the metropolitan service district, and any community college district measure relating to bonding or measure of the metropolitan service district, shall be included in the state voters’ pamphlet to be distributed to the county that does not prepare a county voters’ pamphlet. The Secretary of State shall designate the candidates and measures that may be included in the state voters’ pamphlet under this subsection.

      (5) As used in this section, “community college district” has the meaning given that term in ORS 341.005. [1999 c.318 §8; 2017 c.392 §1]

      251.069 Map of metropolitan service district to be printed in certain pamphlets. The Secretary of State shall include in each voters’ pamphlet, in which material of a candidate for nomination or election to an office of a metropolitan service district organized under ORS chapter 268 is printed as provided in ORS 251.065, 251.067 and 251.285, a map of the service district which illustrates the boundaries of each sub-district. The map shall be printed immediately preceding the material of the candidates for an office of the district. [Formerly 251.036]

      251.075 Portrait requirements; rules. (1) A candidate may not submit for inclusion in the voters’ pamphlet a portrait that was taken more than four years before the date the portrait is filed with the Secretary of State.

      (2) A portrait submitted for inclusion in the voters’ pamphlet shall:

      (a) Be a conventional photograph with a plain background;

      (b) Show the face or the head, neck and shoulders of the candidate; and

      (c) Be prepared and processed for printing as prescribed by the Secretary of State.

      (3) A portrait submitted for inclusion in the voters’ pamphlet may not:

      (a) Include the hands or anything held in the hands of the candidate;

      (b) Show the candidate wearing a judicial robe, a hat or a military, police or fraternal uniform; and

      (c) Show the uniform or insignia of any organization.

      (4) The Secretary of State by rule shall prescribe the size and manner of placement of the portrait printed in the voters’ pamphlet, except that the size of a portrait shall not be smaller than 1.5 inches by 1.75 inches. The rule shall apply in the same manner to all candidates for the same nomination or office. [1979 c.190 §178; 1979 c.533 §2; 1985 c.808 §30a; 1987 c.707 §11; 1999 c.318 §11; 2003 c.233 §1]

      251.085 Format of candidate’s statement. The candidate’s statement shall begin with a summary of the following: Occupation, educational and occupational background, and prior governmental experience. [Formerly 255.027]

      251.087 Secretary of State review of candidate portrait and statement; procedure if portrait or statement must be revised; rules. (1) If a candidate files a portrait and statement under ORS 251.065 for inclusion in the voters’ pamphlet, the Secretary of State shall review the portrait and statement to ensure that the portrait complies with the requirements of ORS 251.075 and that the statement complies with the requirements of ORS 251.049 and 251.085.

      (2) Review by the Secretary of State under this section shall be limited to determining whether the portrait and statement comply with the requirements of ORS 251.049, 251.075 and 251.085 and shall not include any determination relating to the accuracy or truthfulness of materials filed.

      (3) The Secretary of State shall review each portrait and statement not later than three business days following the deadline for filing a portrait and statement under ORS 251.065. If the Secretary of State determines that the portrait or statement of a candidate must be revised in order to comply with the requirements of ORS 251.049, 251.075 or 251.085, the Secretary of State shall attempt to contact the candidate not later than the fifth business day following the deadline for filing a portrait and statement under ORS 251.065. A candidate contacted by the Secretary of State under this section may file a revised portrait or statement not later than the seventh business day following the deadline for filing a portrait and statement under ORS 251.065.

      (4) If the Secretary of State is required to attempt to contact a candidate under subsection (3) of this section, the Secretary of State shall attempt to contact the candidate by telephone or by using an electronic transmission facsimile machine.

      (5) If the Secretary of State is unable to contact a candidate or if the candidate does not file a revised portrait or statement, the following rules apply:

      (a) If a portrait does not comply with ORS 251.075, the Secretary of State may modify the portrait. The candidate shall pay the expense of any modification prior to publication of the portrait in the voters’ pamphlet. If the portrait cannot be modified to comply with ORS 251.075, the portrait shall not be printed in the voters’ pamphlet.

      (b) If a statement does not comply with ORS 251.085 the statement shall not be printed in the voters’ pamphlet.

      (c) If a statement does not comply with ORS 251.049, the Secretary of State shall edit the statement to remove language that does not comply with ORS 251.049.

      (6) If the portrait or statement of a candidate filed under ORS 251.065 does not comply with a requirement of ORS 251.049, 251.075 or 251.085 and the Secretary of State does not attempt to contact the candidate by the deadline specified in subsection (3) of this section, for purposes of ORS 251.049, 251.075 and 251.085 only, the portrait or statement shall be printed as filed.

      (7) A candidate revising a portrait or statement under this section shall make only those revisions necessary to comply with ORS 251.049, 251.075 and 251.085.

      (8) The Secretary of State by rule may define the term “contact” as used in this section. [1995 c.550 §2]

      251.095 Candidate space in voters’ pamphlet; fee or petition; use of space; verification of signatures; rules. (1) For space in the voters’ pamphlet:

      (a) Each candidate for nomination or election to the office of President or Vice President of the United States shall, at the time materials are filed under ORS 251.065, pay a fee of $3,500 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 500 active electors of the state.

      (b) Each candidate for nomination or election to the office of United States Senator or any state office to be voted for in the state at large shall, at the time materials are filed under ORS 251.065, pay a fee of $3,000 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 500 active electors of the state.

      (c) Each candidate for nomination or election to the office of Representative in Congress shall, at the time materials are filed under ORS 251.065, pay a fee of $2,500 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 300 active electors of the candidate’s electoral district.

      (d) Each candidate for nomination or election to the office of state Senator or state Representative shall, at the time materials are filed under ORS 251.065, pay a fee of $750 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 200 active electors of the candidate’s electoral district.

      (e) Each candidate for nomination or election to any other office shall, at the time materials are filed under ORS 251.065, pay a fee of $600 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 200 active electors of the candidate’s electoral district.

      (2)(a) The signatures on a petition submitted under subsection (1) of this section shall be verified by the county clerk or the Secretary of State.

      (b) The Secretary of State by rule shall establish procedures for verifying whether a petition submitted under subsection (1) of this section contains the required number of signatures of active electors.

      (3) The space allotted to each candidate shall be used for materials filed under ORS 251.065, including the portrait and statement of reasons the candidate should be nominated or elected and the information required under ORS 251.085. The length of the statement may not exceed 325 words. All candidates shall be allowed the same amount of space. The Secretary of State by rule shall prescribe the size of the space allotted to each candidate, except that the space may not be smaller than 30 square inches. [Formerly 255.051; 1981 c.375 §2; 1983 c.567 §14; 1985 c.808 §30b; 1987 c.707 §12; 1999 c.318 §12; 2009 c.817 §1; 2011 c.482 §1; 2013 c.518 §2]

      251.115 Statement of statewide and less than statewide political party or assembly; fee or petition; size of statement; verification of signatures; electronic filing; rules. (1) Not sooner than the 120th day and not later than the 70th day before the general election, the party officers as designated in the organizational documents of any statewide political party or assembly of electors having nominated candidates may file with the Secretary of State a statement of arguments for the success of its principles and election of its candidates on a statewide basis and opposing the principles and candidates of other political parties or organizations on a statewide basis.

      (2) Not sooner than the 120th day and not later than the 70th day before the general election, the party officers as designated in the organizational documents of any less than statewide political party or assembly of electors having nominated candidates may file with the Secretary of State a statement of arguments for the success of its principles and election of its candidates on a county basis and opposing the principles and candidates of other political parties or organizations on a county basis.

      (3)(a) Any statewide political party or assembly of electors having nominated candidates shall pay a fee of $1,200 to the Secretary of State when the statement is filed or may submit a petition in a form prescribed by the secretary containing the signatures of 500 active electors.

      (b) Any less than statewide political party or assembly of electors having nominated candidates shall pay a fee of $600 to the Secretary of State when the statement is filed or may submit a petition in a form prescribed by the secretary containing the signatures of 300 active electors.

      (c) The signatures on a petition submitted under this subsection shall be verified by the county clerk or the Secretary of State.

      (d) The Secretary of State by rule shall establish procedures for verifying whether a petition submitted under this subsection contains the required number of signatures of active electors.

      (4) A statement of arguments filed under this section must be filed using the electronic filing system adopted by the Secretary of State under ORS 251.014.

      (5) The Secretary of State by rule shall prescribe the size of the statements permitted under this section, except that any statewide political party or assembly of electors having nominated candidates shall be allotted more space than any less than statewide political party or assembly of electors having nominated candidates.

      (6) For purposes of this section, an “active elector” is a person whose registration is considered active as described in ORS 247.013. [Formerly 255.211; 1987 c.707 §13; 1989 c.503 §10; 1993 c.797 §22; 1999 c.318 §13; 2009 c.817 §2; 2011 c.482 §2; 2011 c.646 §3; 2013 c.518 §3; 2017 c.749 §24]

      251.125 Disclaimer; identification of portrait or statement. (1) In a section of the voters’ pamphlet that provides general information, the Secretary of State shall include a disclaimer in boldfaced type in substantially the following form:

______________________________________________________________________________

Information provided in statements or arguments submitted by a candidate, a political party, an assembly of electors or a person supporting or opposing a measure have not been verified for accuracy by the State of Oregon.

______________________________________________________________________________

      (2) At the bottom of each allotted space of the voters’ pamphlet containing a portrait or statement filed by a candidate, political party or assembly of electors, the Secretary of State shall include a statement identifying the person who furnished the portrait or statement. [1979 c.190 §182; 2005 c.234 §1; 2013 c.518 §4]

      251.135 Withdrawal of material; refund of filing fee. (1) Material filed for inclusion in the voters’ pamphlet may be withdrawn on or before the deadline for filing material under ORS 251.065.

      (2) A person who paid a fee for filing material for inclusion in a voters’ pamphlet may receive a refund from the Secretary of State if the request for a refund is received by the secretary on or before the deadline for filing material under ORS 251.065. When a refund is made, the material for which the fee was paid may not be included in the voters’ pamphlet. [1979 c.190 §183; 2013 c.518 §5]

      251.145 Exemption from public records law. Notwithstanding ORS 192.311 to 192.478 relating to public records, materials filed by a political party, assembly of electors or candidate for inclusion in a voters’ pamphlet and arguments supporting or opposing a measure filed by any person for inclusion in a voters’ pamphlet are exempt from public inspection until the fourth business day after the final date for filing the materials. [1979 c.190 §184; 1991 c.719 §48; 1993 c.493 §18]

      251.155 Statements and arguments inadmissible in action to enjoin publication of pamphlet. Material submitted for inclusion in any voters’ pamphlet shall not be admitted as evidence in any suit or action against the Secretary of State to restrain or enjoin the publication of the voters’ pamphlet. [Formerly 255.018]

      251.165 Preparing material for inclusion in state voters’ pamphlet. (1) The Secretary of State shall prepare:

      (a) A list of the names of candidates for nomination or election at the primary election to the offices of President or Vice President of the United States, United States Senator, Representative in Congress, any state office other than justice of the peace and any county or city office or elected office of a metropolitan service district required to be included under ORS 251.067, or a list of names of candidates for election at the general election to the offices of President or Vice President of the United States, United States Senator, Representative in Congress, any state office other than justice of the peace and any county or city office or elected office of a metropolitan service district required to be included under ORS 251.067, along with a designation of the offices for which the candidates are competing;

      (b) All portraits and statements filed under ORS 251.065 and 251.115; and

      (c) The information specified in ORS 251.185 relating to measures to be voted upon at the election for which the pamphlet is prepared.

      (2) For a special election described in ORS 251.022, the Secretary of State shall prepare a list of the names of candidates for nomination or election to the offices of United States Senator or Representative in Congress along with all portraits and statements filed for the special election under ORS 251.065.

      (3) The items specified in subsections (1) and (2) of this section shall be properly compiled, edited, prepared and indexed for printing by the Secretary of State before delivery to the printer. [Formerly 255.061; 1987 c.267 §28; 1987 c.707 §14; 1991 c.719 §§25,26; 1995 c.712 §38; 1999 c.318 §14; 1999 c.999 §41]

      251.167 Secretary of State creation of list of five most commonly spoken languages; public access and distribution; rules. (1) The Secretary of State shall create and make publicly available a list of:

      (a) The five most commonly spoken languages in the state, other than English; and

      (b) The five most commonly spoken languages in each county, other than English.

      (2) The lists created under subsection (1) of this section must:

      (a) Be based on the best available data, which may include the most recent American Community Survey from the United States Census Bureau, estimates from the Portland State University Population Research Center and any other necessary data sources;

      (b) Include, when complying with subsection (1)(b) of this section, the estimated number of individuals in each county who speak each listed language; and

      (c) Be updated at least once every five years.

      (3) The Secretary of State shall:

      (a) Ensure each state voters’ pamphlet mailed to residents of a county is translated in the manner described in ORS 251.170 into:

      (A) Each language listed by the Secretary of State under subsection (1)(a) of this section;

      (B) Each language listed by the Secretary of State under subsection (1)(b) of this section that the Secretary of State estimates under subsection (2)(b) of this section to be spoken by 100 or more individuals in any one county; and

      (C) Each language that has previously been listed by the Secretary of State under subsection (1)(b) of this section, even if the language is not included in the most recent list created by the Secretary of State;

      (b) Ensure each county voters’ pamphlet mailed to residents of a county is translated in the manner described in ORS 251.170 into:

      (A) Each language listed by the Secretary of State under subsection (1)(a) of this section;

      (B) Each language listed for the county for that county voters’ pamphlet by the Secretary of State under subsection (1)(b) of this section that the Secretary of State estimates under subsection (2)(b) of this section to be spoken by 100 or more individuals in the county; and

      (C) Each language that has previously been listed by the Secretary of State for the county for that county voters’ pamphlet under subsection (1)(b) of this section, even if the language is not included in the most recent list created by the Secretary of State;

      (c) Make each translation of the voters’ pamphlet that is made under paragraph (a) or (b) of this subsection or subsection (4) of this section available on the website of the Secretary of State and of the county as applicable; and

      (d) Prominently provide the website address for each translation in the manner set forth in ORS 251.026 and 251.315.

      (4) Notwithstanding subsection (3)(a)(B) and (b)(B) of this section, if the Secretary of State estimates under subsection (2)(b) of this section that no language, other than English, is spoken by 100 or more individuals in a particular county, the Secretary of State shall ensure:

      (a) Each state voters’ pamphlet mailed to residents of the county is translated in the manner described in ORS 251.170 into the most commonly spoken language in that county, other than English, as listed by the Secretary of State under subsection (1)(b) of this section; and

      (b) Each county voters’ pamphlet mailed to residents of the county is translated in the manner described in ORS 251.170 into the most commonly spoken language in that county, other than English, as listed by the Secretary of State under subsection (1)(b) of this section.

      (5) The Secretary of State:

      (a) May adopt any rules necessary to implement this section; and

      (b) Is responsible for all costs necessary to comply with this section. [2021 c.464 §2]

      Note: Section 10, chapter 464, Oregon Laws 2021, provides:

      Sec. 10. Sections 2, 3 and 7 of this 2021 Act [251.167, 251.170 and 251.173] and the amendments to ORS 251.026, 251.055 and 251.315 by sections 4 to 6 of this 2021 Act apply to all voters’ pamphlets distributed on or after June 30, 2022. [2021 c.464 §10]

      251.170 Requirements for translation of voters’ pamphlets; rules. (1) The translation of a state voters’ pamphlet or county voters’ pamphlet required under ORS 251.167 shall be made in the manner described in this section.

      (2) For each state voters’ pamphlet and county voters’ pamphlet mailed to residents of a county, the Secretary of State shall have the following portions of the voters’ pamphlet professionally translated into each language for which a translation is required under ORS 251.167:

      (a) Any official statement or communication made by the Secretary of State, county clerk, filing office or other public elections official, including any information described in ORS 251.026 or 251.315 (1)(a) to (d) and (g) and any other information regarding services offered by elections offices, how to cast a ballot and key dates for the election;

      (b) The ballot title for each measure;

      (c) The explanatory statement for each measure;

      (d) The financial estimate for each measure and any statement prepared for a measure under ORS 250.125;

      (e) Any racial and ethnic impact statement prepared for a measure under ORS 137.685;

      (f) Any statement submitted for a measure by a citizen panel under ORS 250.141; and

      (g) Except an argument for a measure prepared by the Legislative Assembly under ORS 251.245, any other statement for a measure created by a public body as defined in ORS 174.109.

      (3) In addition to the materials that the Secretary of State is required to have professionally translated under subsection (2) of this section, the Secretary of State shall allow to be included in the translated version of each state voters’ pamphlet that is made available on the website of the Secretary of State or of a county under ORS 251.167:

      (a) Translations of a candidate statement submitted under ORS 251.065, provided that:

      (A) The candidate is a candidate for federal or statewide office;

      (B) The translation is filed by a candidate or the principal campaign committee of a candidate described in subparagraph (A) of this paragraph;

      (C) Neither the translation nor the candidate statement submitted under ORS 251.065 is rejected under ORS 251.055;

      (D) The candidate statement meets the requirements of a candidate statement set forth in this chapter; and

      (E) Any translation filed under this paragraph is in one of the five most commonly spoken languages in this state, other than English, as listed by the Secretary of State under ORS 251.167.

      (b) Translations of an argument in support of or in opposition to a state measure filed under ORS 251.255, provided that:

      (A) The translation is filed by the person who filed the argument in support of or in opposition to a state measure under ORS 251.255;

      (B) Neither the translation nor the argument in support of or in opposition to a state measure filed under ORS 251.255 is rejected under ORS 251.055;

      (C) The statement in support of or in opposition to a state measure meets the requirements of a statement in support of or in opposition to a state measure set forth in this chapter; and

      (D) Any translation filed under this paragraph is in one of the five most commonly spoken languages in this state, other than English, as listed by the Secretary of State under ORS 251.167.

      (c) Translations of any argument for a measure prepared by the Legislative Assembly under ORS 251.245 submitted by the Legislative Assembly, provided that any translation filed under this paragraph is in one of the five most commonly spoken languages in this state, other than English, as listed by the Secretary of State under ORS 251.167.

      (4)(a) A translation that is permitted or required under this section is not required to be identical in words to the original version but must be consistent with the meaning of the original version.

      (b) A translation is not subject to any limitations on the number of words allowed set forth in this chapter.

      (5) A county may at its own expense make or accept for publication on the county’s website, as part of a translated voters’ pamphlet required under ORS 251.167, any portion of a state or county voters’ pamphlet that is not described in this section.

      (6) The Secretary of State:

      (a) May adopt any rules necessary to implement this section; and

      (b) Except as provided in subsection (5) of this section, is responsible for all costs necessary to comply with this section.

      (7) As used in this section, “statewide office” means Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, or judge on the Oregon Supreme Court, the Oregon Court of Appeals or the Oregon Tax Court. [2021 c.464 §3]

      Note: See note under 251.167.

      251.173 Translation Advisory Council; membership; compensation; duties. (1)(a) The Translation Advisory Council is established. The council shall consist of five at-large members and at least one translator member for each of the five most commonly spoken languages in this state, other than English, and for each language in each county that the Secretary of State reasonably anticipates a voters’ pamphlet at the next election will be required to be translated into under ORS 251.167. The secretary may appoint more than one translator member for languages that are more commonly spoken throughout this state. Members shall be appointed by and serve at the pleasure of the secretary.

      (b) The term of a member of the council is two years. A member may be reappointed twice and may not serve more than a total of six years. Before the expiration of the term of a member, the Secretary of State shall appoint a successor or reappoint the member. If there is a vacancy for any cause, the secretary shall make an appointment to be immediately effective.

      (c) The Secretary of State shall ensure, to the extent practicable, that members appointed to the council are geographically diverse and reside in counties throughout this state. Prior to appointing each translator member, the secretary shall confer with, and seek recommendations from, the board of county commissioners for each county in which the secretary reasonably anticipates a voters’ pamphlet will be required to be translated into the language for which the translator member is appointed.

      (d) To qualify to be appointed as a translator member, a translator member must be proficient in reading and writing in English and in the translated language for which the translator member is appointed. A translator member may demonstrate proficiency by providing:

      (A) Proof of being certified as an interpreter by a public body of this state for the translated language;

      (B) Proof of holding a bachelor’s degree or higher in the translated language;

      (C) At least one example of a written translation of the translated language that the translator member conducted as part of the translator member’s job duties or contracted services; or

      (D) Proof of volunteer experience in translating the translated language with a nonprofit organization, educational institution, social service agency or public body.

      (2)(a) Members of the council shall elect at least one chairperson of the council but may elect two co-chairpersons of the council.

      (b) A majority of the members of the council constitutes a quorum for the transaction of business.

      (c) The council shall meet at least once every calendar year. To the extent practicable, the council shall meet by telephone or video conference but may meet in person.

      (d) The members of the council are entitled to compensation and expenses in the manner and amounts provided for in ORS 292.495.

      (e) The Secretary of State shall provide clerical and other necessary support services to the council.

      (3) The Secretary of State shall consult with the council and to the maximum extent practicable implement recommendations for ensuring that a translation of a voters’ pamphlet required under ORS 251.167 is:

      (a) Conducted with professionalism and by a clear process with review;

      (b) Culturally responsive and based in the context of a particular community being served by the translation;

      (c) As accurate in context and sentence structure as the original version; and

      (d) Held to the same standards as, but not subject to a higher scrutiny than, the original version. [2021 c.464 §7]

      Note: Section 8, chapter 464, Oregon Laws 2021, provides:

      Sec. 8. Notwithstanding the term of office specified by section 7 of this 2021 Act [251.173], of the members first appointed to the Translation Advisory Council:

      (1) Two of the at-large members shall serve an initial term of three years.

      (2) Every other translator member that is appointed shall serve an initial term of three years. [2021 c.464 §8]

      Note: See note under 251.167.

      251.175 Distribution of pamphlet; rules for nonstatewide special elections. (1) Except as provided in subsection (2) of this section, not later than the 20th day before a primary election, general election or special election for which a voters’ pamphlet has been prepared, the Secretary of State shall cause the voters’ pamphlet to be mailed to each post-office mailing address in Oregon, and shall use any additional means of distribution necessary to make the pamphlet available to electors.

      (2) For any special election described in ORS 251.022 that is not held statewide, or for any other state special election that is not held statewide, the Secretary of State by rule may prescribe methods for distributing the voters’ pamphlet prepared for the election. The rule shall require the secretary to mail the pamphlet to at least each elector whose registration is determined to be active on the 21st day before the date of the election and who is eligible to vote in the election. The rule may specify other methods of distribution. Voters’ pamphlets prepared for the election shall be mailed not later than the date ballots are mailed to electors as provided in ORS 254.470. [1979 c.190 §187; 1987 c.267 §29; 1995 c.712 §40; 1999 c.318 §15; 1999 c.1002 §8; 2007 c.154 §12]

STATE INITIATIVE AND REFERENDUM PAMPHLET

      251.185 Measures, estimates, statements and arguments included in voters’ pamphlet; county and metropolitan service district measures; community college measures relating to bonding. (1) The Secretary of State shall have printed in the voters’ pamphlet for a general election or any special election a copy of the title and text of each state measure to be submitted to the people at the election for which the pamphlet was prepared. The pamphlet must include the procedures for filing a complaint under ORS 260.345. Each measure shall be printed in the pamphlet with:

      (a) The number and ballot title of the measure;

      (b) The financial estimates and any statement prepared for the measure under ORS 250.125;

      (c) The explanatory statement prepared for the measure;

      (d) Arguments relating to the measure and filed with the Secretary of State;

      (e) Any racial and ethnic impact statement prepared for the measure under ORS 137.685; and

      (f) Any statement submitted for the measure by a citizen panel under ORS 250.141.

      (2) A community college district measure relating to bonding, a county measure or a measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, explanatory statement and arguments relating to the measure, filed by the county, metropolitan service district or community college district under ORS 251.285 shall be included in the voters’ pamphlet described in subsection (1) of this section if required under ORS 251.067.

      (3) As used in this section, “community college district” has the meaning given that term in ORS 341.005. [Formerly 255.410; 1991 c.719 §10; 1991 c.971 §7; 1993 c.493 §19; 1999 c.318 §16; 2005 c.633 §4; 2009 c.232 §1; 2011 c.365 §10; 2013 c.600 §§6,8; 2013 c.722 §20; 2014 c.72 §§4,5; 2017 c.392 §§3,4; 2017 c.614 §§8,9]

      251.195 Form for printing proposed constitutional amendment. The text of a proposed amendment to the Oregon Constitution shall be printed in the voters’ pamphlet to indicate by the use of brackets and italic type the words that would be deleted from, and by boldfaced type the words that would be added to, the existing provision. [Formerly 255.440; 1989 c.503 §11]

      251.205 Appointment of committee to draft explanatory statement of measure proposed by initiative or referendum. (1) As used in this section, “proponents” means:

      (a) With respect to any state measure initiated or referred by petition, the chief petitioners; or

      (b) With respect to a measure referred by the Legislative Assembly, the President of the Senate, who shall appoint a Senator, and the Speaker of the House of Representatives, who shall appoint a Representative.

      (2) For each state measure to be submitted to the people at a special election held on the date of a primary election or any general election, a committee of five citizens shall be selected to prepare the explanatory statement under ORS 251.215.

      (3) Not later than the 120th day before the election, the proponents of the measure shall appoint two members to the committee and notify the Secretary of State in writing of the selections. If the proponents do not appoint two members, the Secretary of State shall appoint two members of the committee from among supporters, if any, of the measure not later than the 118th day before the election.

      (4) Not later than the 118th day before the election, the Secretary of State shall appoint two members of the committee from among the opponents, if any, of the measure.

      (5) The four appointed members of the committee shall select the fifth member and notify the Secretary of State in writing of the selection. If the four members have not selected the fifth member by the 111th day before the election, the fifth member shall be appointed by the Secretary of State not later than the 109th day before the election.

      (6) A vacancy shall be filled not later than two business days after the vacancy occurs by the person who made the original appointment. Unless the Secretary of State fills a vacancy, the person filling the vacancy shall notify the Secretary of State in writing of the selection.

      (7) With respect to a measure referred by the Legislative Assembly, a Senator or Representative appointed under subsection (1) of this section may disclose whether the Senator or Representative supports or opposes the state measure. The Secretary of State shall print the disclosure in the voters’ pamphlet following the explanatory statement.

      (8) The Legislative Policy and Research Committee shall provide any administrative staff assistance required by the explanatory statement committee to facilitate the work of the explanatory statement committee under this section or ORS 251.215.

      (9) For purposes of this section, “measure” includes an initiative petition relating to a state measure that has been filed with the Secretary of State for the purpose of verifying signatures under ORS 250.105. The requirements of this section shall not apply to the petition if the secretary determines that the petition contains less than the required number of signatures of electors. [Formerly 254.210; 1987 c.707 §15; 1995 c.607 §§31,31a; 1999 c.844 §2; 2001 c.965 §9; 2011 c.646 §4; 2016 c.88 §12]

      251.215 Preparation and filing of explanatory statement of measure. (1) Not later than the 99th day before a special election held on the date of a primary election or any general election at which any state measure is to be submitted to the people, the committee appointed under ORS 251.205 shall prepare and electronically file with the Secretary of State, an impartial, simple and understandable statement explaining the measure. The statement shall not exceed 500 words.

      (2) Not later than the 95th day before the election, the Secretary of State shall hold a hearing in Salem upon reasonable statewide notice to receive suggested changes or other information relating to any explanatory statement. At the hearing any person may submit suggested changes or other information orally or in writing. Written suggestions or other information also may be submitted at any time before the hearing.

      (3) The committee for each measure shall consider suggestions and any other information submitted under subsection (2) of this section, and may file a revised statement with the Secretary of State not later than the 90th day before the election.

      (4) The original statement and any revised statement must be approved by at least three members of the committee. If a member does not concur, the statement shall show only that the member dissents.

      (5) For purposes of this section, “measure” includes an initiative petition relating to a state measure that has been filed with the Secretary of State for the purpose of verifying signatures under ORS 250.105. The requirements of this section shall not apply to the petition if the secretary determines that the petition contains less than the required number of signatures of electors. [Formerly 254.222; 1991 c.719 §49; 1993 c.493 §20; 1993 c.811 §14; 1995 c.712 §42; 2001 c.965 §10; 2011 c.646 §5]

      251.225 Preparation and filing of explanatory statement by Legislative Counsel Committee; when explanatory statement of committee used. (1) The Legislative Counsel Committee shall prepare an impartial, simple and understandable statement of not more than 500 words explaining each state measure. The statement shall be filed electronically with the Secretary of State not later than the last day for filing a statement prepared under ORS 251.215.

      (2) If an explanatory statement is not filed by a committee under ORS 251.215, the statement of the Legislative Counsel Committee shall be the explanatory statement of the measure, and shall be subject to the provisions of ORS 251.215. [Formerly 254.225; 1993 c.493 §21; 1993 c.811 §15; 2011 c.646 §6]

      251.230 Effect if explanatory statement not filed. If an explanatory statement is not filed by a committee under ORS 251.215 or by the Legislative Counsel Committee under ORS 251.225, the measure shall be printed in the voters’ pamphlet without the explanatory statement. [1991 c.971 §6]

      251.235 Supreme Court review of explanatory statement; service requirements. (1) Any person dissatisfied with an explanatory statement for which suggestions were offered at the Secretary of State’s hearing under ORS 251.215 may petition the Supreme Court seeking a different statement and stating the reasons the statement filed with the court is insufficient or unclear. If the petition is filed and served as required in subsection (2) of this section not later than the fifth day after the deadline for filing a revised statement with the Secretary of State, the court shall review the statement and certify an explanatory statement to the Secretary of State. Failure to file and serve the petition within the time prescribed in this subsection precludes Supreme Court review and certification of an explanatory statement. If the court considers the petition, the court may allow oral argument. The review by the Supreme Court shall be conducted expeditiously to ensure the orderly and timely conduct of the election at which the measure is to be submitted to the electors. The statement certified by the court shall be the explanatory statement printed in the voters’ pamphlet.

      (2) At the time a person petitions the Supreme Court under subsection (1) of this section, the person also shall serve a copy of the petition on:

      (a) The Attorney General;

      (b) The members of the explanatory statement committee, if the committee filed a statement under ORS 251.215;

      (c) The chief petitioners of the state measure, if the measure was initiated or referred by petition; and

      (d) The Legislative Counsel, if the measure was referred by the Legislative Assembly or if the explanatory statement prepared by the Legislative Counsel Committee is the explanatory statement for the measure under ORS 251.225. [Formerly 254.230; 2001 c.18 §1]

      251.245 Committee to prepare and file argument in support of measure referred by Legislative Assembly. (1) For any measure referred to the electors by the Legislative Assembly, an argument prepared by the Legislative Assembly in support of the measure may be printed in the voters’ pamphlet. The size and length of an argument under this section shall be determined as specified in ORS 251.255.

      (2) A joint committee consisting of one Senator, to be appointed by the President of the Senate, and two Representatives, to be appointed by the Speaker of the House of Representatives, shall be appointed to prepare the argument. The committee shall electronically file the argument with the Secretary of State not later than the 70th day before a general election or the 68th day before a special election held on the date of any primary election. There shall be no fee for including an argument submitted under this section in the voters’ pamphlet. [Formerly 255.465; 1987 c.267 §33; 1995 c.712 §43; 1999 c.318 §17; 2011 c.646 §7]

      251.255 Filing arguments for or against measure; fee or petition; size of argument space; verification of signatures; electronic filing; rules. (1) Not sooner than the 120th day and not later than the 70th day before a general election or the 68th day before a special election held on the date of any primary election at which a state measure is to be voted upon, any person may file with the Secretary of State an argument supporting or opposing the measure.

      (2)(a) A person filing an argument under this section shall pay a fee of $1,200 to the Secretary of State when the argument is filed or may submit a petition in a form prescribed by the Secretary of State containing the signatures of 500 active electors. Each person signing the petition shall subscribe to a statement that the person has read and agrees with the argument.

      (b) The signatures on each petition shall be verified by the county clerk or the Secretary of State.

      (c) The Secretary of State by rule shall establish procedures for verifying whether a petition submitted under this subsection contains the required number of signatures of active electors.

      (3) An argument filed under this section must be filed using the electronic filing system adopted by the Secretary of State under ORS 251.014.

      (4) The Secretary of State by rule shall establish the size and length of arguments permitted under ORS 251.245 and this section, except that the length of an argument may not exceed 325 words. The size and length limitations shall be the same for arguments submitted under ORS 251.245 or this section. [Formerly 255.415; 1989 c.646 §1; 1995 c.712 §45; 1999 c.318 §18; 2005 c.797 §55; 2009 c.817 §3; 2011 c.646 §8; 2013 c.518 §6; 2017 c.749 §26]

      251.260 Secretary of State review of arguments for error in identification of measure number or designation of support or opposition to measure; changes allowed. (1) Not later than three business days following the deadline for filing an argument supporting or opposing a state measure under ORS 251.255, the Secretary of State shall review each argument to determine whether the person filing the argument made an error in:

      (a) Identifying the measure number to which the argument relates; or

      (b) Designating that the argument supports or opposes the measure.

      (2) If the Secretary of State determines that the person filing the argument may have made an error described in subsection (1) of this section, the secretary shall attempt to contact the person not later than the fifth business day following the deadline for filing the argument. A person contacted by the secretary under this section may file a change to the identification of the measure number or the designation of the argument not later than the seventh business day following the deadline for filing the argument.

      (3) If the Secretary of State is required to attempt to contact a person under subsection (2) of this section, the secretary shall attempt to contact the person by telephone, electronic mail, electronic facsimile transmission or other method designated by the secretary by rule.

      (4) If a person files a change to an argument under subsection (2) of this section, the argument shall be printed in the voters’ pamphlet as changed under subsection (2) of this section. If the Secretary of State is unable to contact a person under subsection (2) of this section or if the secretary contacts the person and the person does not file a change to the argument, the argument shall be printed in the voters’ pamphlet as originally filed. [2003 c.752 §2]

      251.265 Inclusion of author of argument, author’s organization and notice of support or opposition to measure in voters’ pamphlet. The Secretary of State shall include in the voters’ pamphlet on the page of the printed argument on a measure the name of the person who submitted the argument, the name of the organization the person represents, if any, and whether the argument supports or opposes the measure. [Formerly 255.435; 2013 c.518 §7]

      251.285 Inclusion of community college district measure relating to bonding, county measure or metropolitan service district measure in voters’ pamphlet. (1) If a community college district measure relating to bonding, a county measure or a measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, explanatory statement and arguments relating to the measure, are to be included by the Secretary of State in the state voters’ pamphlet as provided in ORS 251.067, the requirements of this section shall be satisfied.

      (2) A community college district measure relating to bonding, a county measure or a metropolitan service district measure, and the ballot title, explanatory statement and arguments relating to the measure, shall not be printed in the voters’ pamphlet unless:

      (a) The ballot title is a concise and impartial statement of the purpose of the measure;

      (b) The explanatory statement is an impartial, simple and understandable statement explaining the measure and its effect;

      (c) The county, metropolitan service district or community college district adopts and complies with an ordinance that provides a review procedure for a ballot title or explanatory statement that is contested because it does not comply with the requirements of paragraph (a) or (b) of this subsection;

      (d) The county, metropolitan service district or community college district adopts and complies with an ordinance that provides for acceptance of typewritten arguments relating to the measure not to exceed 325 words to be printed in the voters’ pamphlet; and

      (e) The county, metropolitan service district or community college district does not require of a person filing an argument a payment of more than $300, or a petition containing more than a number of signatures equal to 1,000 electors eligible to vote on the measure or 10 percent of the total of such electors, whichever is less.

      (3) Any judicial review of a determination made under the review procedures adopted under subsection (2)(c) of this section shall be first and finally:

      (a) For a county measure, in the circuit court of the judicial district in which the county is located; or

      (b) For a community college district measure relating to bonding or a metropolitan service district measure, in the circuit court of the judicial district in which the administrative office of the metropolitan service district or community college district is located.

      (4) If the county, metropolitan service district or community college district has adopted and complied with ordinances prescribed in subsection (2) of this section, the decision to include the measure, ballot title, explanatory statement and arguments in the voters’ pamphlet shall be made by:

      (a) The county governing body with regard to a county measure, the council of the metropolitan service district with regard to a metropolitan service district measure or the district elections authority with regard to a community college district measure relating to bonding.

      (b) The chief petitioners of the initiative or referendum with regard to a measure initiated or referred by the people. The chief petitioners shall indicate their decision in a statement signed by all of the chief petitioners and file the signed statement:

      (A) For a county measure, with the county clerk;

      (B) For a metropolitan service district measure, with the executive officer of the metropolitan service district; or

      (C) For a community college district measure relating to bonding, with the district elections authority.

      (c) A political committee, as defined in ORS 260.005, that opposes the measure. The committee shall indicate its decision in a statement signed by every committee director, as defined in ORS 260.005, and file the signed statement:

      (A) For a county measure, with the county clerk;

      (B) For a metropolitan service district measure, with the executive officer of the metropolitan service district; or

      (C) For a community college district measure relating to bonding, with the district elections authority.

      (5) The county, metropolitan service district or community college district shall file the measure, ballot title, explanatory statement and arguments with the Secretary of State not later than the 70th day before the general election or the 68th day before a special election held on the date of any primary election. The county, metropolitan service district or community college district shall pay to the Secretary of State the cost of including the material described in this subsection in the pamphlet as determined by the secretary. The Secretary of State shall not print the material in the pamphlet unless:

      (a) The time for filing a petition for judicial review of a determination made under subsection (2)(c) of this section has passed; and

      (b) The measure, title, statement and arguments properly filed with the county, metropolitan service district or community college district, are delivered to the secretary.

      (6) As used in this section, “community college district” has the meaning given that term in ORS 341.005. [Formerly 255.455; 1981 c.173 §29; 1989 c.250 §1; 1991 c.15 §3; 1991 c.719 §11; 1995 c.712 §47; 1999 c.318 §53; 2001 c.965 §11; 2009 c.817 §4; 2017 c.392 §2]

      251.295 Radio and television broadcasts to supplement pamphlet. The Secretary of State, pursuant to ORS 193.310 to 193.360, may supplement the special or general election voters’ pamphlet by causing to have broadcast by radio or television, material specified in this section at times the secretary determines suitable during the four weeks immediately preceding the election at which state measures are to be submitted to the people. The material provided by broadcast shall include only the following:

      (1) The ballot title or popular name of each state measure.

      (2) The number and form in which the ballot title of the state measures will be printed on the official ballot.

      (3) A summary of the explanatory statements filed relating to each state measure. [Formerly 255.510]

COUNTY VOTERS’ PAMPHLET

      251.305 County voters’ pamphlet.

The county clerk of any county may prepare, print and distribute a county voters’ pamphlet for any election. [1989 c.1031 §2; 1991 c.48 §1]

      251.315 Information required to be included in voters’ pamphlet; deadline for distribution; rules. (1) If a county produces a county voters’ pamphlet, the county voters’ pamphlet shall include, when applicable, at least the following information:

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

      (b) Requirements for registration and updates of registration.

      (c) Elector instructions, including the right of an elector to request a second ballot if the first ballot is spoiled and the right of an elector to seek assistance in marking the ballot.

      (d) The hours and locations of places designated under ORS 254.470 for deposit of official ballots.

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

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

      (g)(A) Statements in the information section of the voters’ pamphlet on the pages immediately following the page containing the Secretary of State letter, to the extent reasonably practicable, that:

      (i) Are written in English and the five additional common languages for the county listed by the Secretary of State under ORS 251.167;

      (ii) Explain that an electronic copy of portions of the voters’ pamphlet is publicly available in that language; and

      (iii) Provide the website address to the translated voters’ pamphlet.

      (B) The statements required under subparagraph (A) of this paragraph must be written so as to be clearly readable.

      (C) The Secretary of State may adopt rules necessary to implement this paragraph.

      (h) Such other information as the county clerk considers to be appropriate or necessary to inform the voters.

      (2) The county clerk shall mail or otherwise distribute the county voters’ pamphlet not later than the last day for mailing ballots to electors as provided in ORS 254.470.

      (3)(a) The name of the county clerk or other filing officer may not appear in the county voters’ pamphlet in the county clerk’s or filing officer’s official capacity if the county clerk or filing officer is a candidate in the election for which the voters’ pamphlet is printed.

      (b) As used in this subsection, “filing officer” has the meaning given that term in ORS 254.165. [1989 c.1031 §3; 1993 c.713 §29; 1993 c.811 §16; 1999 c.410 §26; 2007 c.154 §13; 2019 c.508 §2; 2021 c.464 §6]

      Note: The amendments to 251.315 by section 6, chapter 464, Oregon Laws 2021, apply to all voters’ pamphlets distributed on or after June 30, 2022. See section 10, chapter 464, Oregon Laws 2021. The text that applies to all voters’ pamphlets distributed before June 30, 2022, is set forth for the user’s convenience.

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

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

      (b) Requirements for registration and updates of registration.

      (c) Elector instructions, including the right of an elector to request a second ballot if the first ballot is spoiled and the right of an elector to seek assistance in marking the ballot.

      (d) The hours and locations of places designated under ORS 254.470 for deposit of official ballots.

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

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

      (g) Such other information as the county clerk considers to be appropriate or necessary to inform the voters.

      (2) The county clerk shall mail or otherwise distribute the county voters’ pamphlet not later than the last day for mailing ballots to electors as provided in ORS 254.470.

      (3)(a) The name of the county clerk or other filing officer may not appear in the county voters’ pamphlet in the county clerk’s or filing officer’s official capacity if the county clerk or filing officer is a candidate in the election for which the voters’ pamphlet is printed.

      (b) As used in this subsection, “filing officer” has the meaning given that term in ORS 254.165.

      251.325 Schedule and procedures for producing and distributing pamphlet; fees; rules. (1) The Secretary of State by rule shall adopt a schedule and procedures for preparing, printing and distributing county voters’ pamphlets. The schedule and procedures shall include but not be limited to deadlines for filing material for the voters’ pamphlet, and except as otherwise provided by law, the format of material to be submitted and the size and other requirements applicable to candidate portraits.

      (2) Except as provided in subsection (3) of this section, at the time materials are filed under ORS 251.335, each candidate for nomination or election to the following offices shall pay to the county clerk the following fee for space in the county voters’ pamphlet:

      (a) An office to which a salary or other compensation beyond expenses is attached, $100.

      (b) An office to which a salary or other compensation beyond expenses is not attached, $25.

      (3) At the time materials are filed under ORS 251.335, each candidate for nomination or election to a city or county office at the primary or general election shall pay to the county clerk the following fee for space in the county voters’ pamphlet:

      (a) If the number of active electors in the electoral district is less than 1,000, $25.

      (b) If the number of active electors in the electoral district is 1,000 or more and less than 10,000, $50.

      (c) If the number of active electors in the electoral district is 10,000 or more and less than 50,000, $100.

      (d) If the number of active electors in the electoral district is 50,000 or more, $300.

      (4) The Secretary of State by rule shall adopt a schedule of fees to be charged by the county clerks for including arguments in the voters’ pamphlet. The fees need not reflect the actual cost of producing the voters’ pamphlet.

      (5) The county clerk shall refund a filing fee described in this section to any person who applies for the refund not later than the last day for filing material for inclusion in the voters’ pamphlet. When a refund is made, the material for which the fee was paid may not be included in the pamphlet.

      (6) As used in this section, “electoral district” means a county, the part of a city located within the county or, if a candidate is elected by zone or subdistrict of the county or city, the zone or subdistrict in which the candidate is nominated or elected. [1989 c.1031 §4; 2003 c.468 §1]

      251.335 Filing portrait and statement by or for candidate; disclaimer. (1) As used in this section, “district” has the meaning given that term in ORS 255.012.

      (2) Not later than the date specified by the Secretary of State, any candidate for nomination or election to county, city or special district office within the county, or an agent of the candidate, may file with the county clerk of a county that prepares a county voters’ pamphlet a portrait of the candidate and a typewritten statement of the reasons the candidate should be elected. The portrait and statement must comply with the applicable rules of the Secretary of State.

      (3) The county clerk may not accept the filing of a statement or portrait of any candidate unless the filing is accompanied by the appropriate fee described in ORS 251.325.

      (4) At the bottom of each allotted space of the county voters’ pamphlet containing a portrait and statement filed by a candidate, the county clerk shall include:

      (a) A statement identifying the person who furnished the portrait and statement; and

      (b) A disclaimer in boldfaced type in substantially the following form:

______________________________________________________________________________

The above information has not been verified for accuracy by the county.

______________________________________________________________________________ [1989 c.1031 §5; 2003 c.468 §2; 2005 c.234 §2]

      251.345 Explanatory statement. Not later than the date specified by the Secretary of State, in a county that prepares a county voters’ pamphlet, the governing body for any electoral district that has referred a measure to the voters shall submit an impartial, simple and understandable statement explaining the measure and its effect. [1989 c.1031 §6; 1991 c.48 §2]

      251.355 Filing arguments for or against measure. (1) Not later than the date specified by the Secretary of State by rule, in a county that prepares a county voters’ pamphlet, any person may file with the county clerk a typewritten argument supporting or opposing any measure to be submitted to the voters on the ballot. The county clerk may not accept any arguments that are not accompanied by the fee established by the Secretary of State or a petition in a form prescribed by the Secretary of State. A petition shall contain the signatures of at least four percent of the electors in the county eligible to vote on the measure to which the argument refers, or the signatures of 1,000 electors in the county eligible to vote on the measure to which the argument refers, whichever is less. The number of registered electors in an electoral district, for the purposes of this section, shall be calculated on January 1 of each year. Each person signing the petition shall subscribe to a statement that the person has read and agrees with the argument. The signatures on each petition shall be certified by the county clerk in the manner provided in ORS 249.008. The petition shall be filed with the county clerk.

      (2) The county clerk shall include in the county voters’ pamphlet, on the page of the printed argument, the name of the person who submitted the argument, the name of the organization the person represents, if any, whether the argument supports or opposes the measure and a disclaimer that the argument does not constitute an endorsement by the county and that the county does not warrant the accuracy or truth of any statement made in the argument. [1989 c.1031 §7; 2009 c.11 §23]

      251.365 Cost of pamphlet preparation; allocation of revenue. (1) Any county clerk preparing, printing and distributing a county voters’ pamphlet may apportion the cost of preparing, printing and distributing the county voters’ pamphlet as a cost of the election according to the formula established by the Secretary of State for the allocation of election costs. The apportioned election costs shall be reduced for each electoral district by the amount of any revenue received by the county clerk from the submission of candidate portraits, statements and arguments for that electoral district.

      (2) Any revenue collected by the county clerk from the submission of candidate portraits, statements or arguments for any electoral district which may exceed the apportioned cost of the election for that electoral district shall be applied to reduce the shared costs of the election for all remaining electoral districts. [1989 c.1031 §8]

      251.375 Exception to ORS 251.365 for certain districts. ORS 251.365 does not apply to any special district for which the county clerk is required to hold elections if the special district demonstrates to the satisfaction of the county clerk that the special district is unable to pay the apportioned expenses of the voters’ pamphlet as determined under ORS 251.365. If the special district is unable to pay, the expenses apportioned to that district may be apportioned among the other electoral districts participating in the election. [1989 c.1031 §9]

      251.385 “Electoral district” defined for ORS 251.345 to 251.375. As used in ORS 251.345 to 251.375, “electoral district” means the county or a city, or district as defined in ORS 255.012 located within the county. [1989 c.1031 §10]

      251.395 Content of statements and arguments; notice of material that may be excluded. (1) Statements and arguments submitted for inclusion in a county voters’ pamphlet by a candidate, political party or assembly of electors, or a person supporting or opposing a measure shall consist only of words or numbers.

      (2) The county clerk shall specify on any instructions for filing a statement, argument or other material in the voters’ pamphlet that the statement, argument or material may be excluded under ORS 251.415. [1989 c.1031 §11; 1993 c.351 §4]

      251.405 Names or titles of persons or names of organizations excluded from arguments and statements; exceptions; prohibitions. (1) Except as provided in subsection (2) of this section, the county clerk may not print the name or title of a person or the name of an organization in an argument supporting or opposing any measure or a statement of any candidate, filed for inclusion in a county voters’ pamphlet, if the name or title of the person or the name of the organization is cited as supporting or endorsing the argument or statement.

      (2) The county clerk may print the name or title of a person or the name of an organization in an argument or statement submitted for inclusion in a county voters’ pamphlet as supporting or endorsing the argument or statement if:

      (a) Not later than the deadline for filing an argument or statement with the county clerk, the county clerk receives a statement signed by the person, or by an authorized person on behalf of an organization, stating that the person consents to the use of the name or title of the person or the name of the organization; or

      (b) The name or title of a person or the name of an organization is used with a quotation made by the person or by an authorized person on behalf of an organization, the quotation was disseminated to the public prior to its inclusion in the argument or statement and the quotation is identified by its source and date.

      (3) A person may not:

      (a) Submit a false signature under subsection (2) of this section; or

      (b) Alter the manner in which a person signing a statement of consent described in subsection (2) of this section designates the person’s name or title or the name of the organization the person represents to appear in the argument or statement. This paragraph does not prohibit revisions allowed or required under ORS 251.415. [1989 c.1031 §12; 1993 c.493 §22; 2003 c.233 §3]

      251.415 Type of material to be excluded from pamphlet; liability for libel; procedure if material excluded. (1) The county clerk shall reject any statement, argument or other matter offered for filing and printing in a county voters’ pamphlet which:

      (a) Contains any obscene, profane or defamatory language;

      (b) Incites or advocates hatred, abuse or violence toward any person or group; or

      (c) Contains any language which may not legally be circulated through the mails.

      (2) Nothing in this chapter shall make the author of any statement or argument exempt from any civil or criminal action because of any defamatory statements offered for printing or contained in the voters’ pamphlet. The persons writing, signing or offering a statement or argument for filing shall be deemed its authors and publishers.

      (3) The county clerk shall by rule establish a procedure to notify a person who offered a statement, argument or other matter that was rejected pursuant to this section. Subject to voters’ pamphlet deadlines, the procedure shall require the county clerk to:

      (a) Make reasonable attempts to notify the person of the rejection; and

      (b) Allow the person, if notified pursuant to paragraph (a) of this subsection, to revise the statement so that it does not violate the provisions of this section. [1989 c.1031 §13; 1993 c.351 §2]

      251.425 Format of candidate’s statement. The candidate’s statement in a county voters’ pamphlet shall begin with a summary of the following: Occupation, educational and occupational background, and prior governmental experience. [1989 c.1031 §14]

      251.430 Exemption from public records law. Notwithstanding ORS 192.311 to 192.478 relating to public records, materials filed by a candidate for inclusion in a county voters’ pamphlet and arguments supporting or opposing a measure filed by any person for inclusion in a county voters’ pamphlet are exempt from public inspection until the fourth business day after the final date for filing the materials. [1989 c.1031 §15; 1993 c.493 §23]

      251.435 Statements and arguments inadmissible in action to enjoin publication of pamphlet. Material submitted for inclusion in any state or county voters’ pamphlet shall not be admitted as evidence in any suit or action against the county clerk to restrain or enjoin the publication of the voters’ pamphlet. [1989 c.1031 §16]