Bill Text: OR SB161 | 2013 | Regular Session | Introduced

---

Bill Title: Relating to ballots; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB161 Detail]

Download: Oregon-2013-SB161-Introduced.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2505

                         Senate Bill 161

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Rules and Executive Appointments)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Updates laws related to ballots for absent electors.
  Adjusts terminology related to military or overseas electors.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to ballots; creating new provisions; amending ORS
  253.065, 253.070, 253.080, 253.500, 253.510, 253.515, 253.530,
  253.540, 253.545, 253.550, 253.565, 253.575, 253.585, 253.640,
  253.690, 253.700, 253.710, 254.470, 254.660, 260.665, 545.041
  and 545.141; repealing ORS 253.015, 253.030, 253.045, 253.055
  and 253.135; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 253.065 is amended to read:
  253.065. (1) For electors with mailing addresses outside this
state, the county clerk shall deliver   { - an absentee - }  { +
a + } ballot:
  (a) Not later than the 45th day before the election to each
  { - long term absent - }  { +  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   { - long term absent - }  { +  military or
overseas + } elector.
    { - (2) For electors with mailing addresses in this state,
except if requested by the elector, absentee ballots delivered by
mail shall be delivered: - }
    { - (a) For primary elections and general elections, or any
statewide special election for which a voters' pamphlet is
prepared, not sooner than the date the Secretary of State first
mails the voters' pamphlet under ORS 251.175; or - }
    { - (b) In the case of an election for which a statewide
voters' pamphlet is not required to be prepared, not sooner than
the 20th day before the date of the election. - }
    { - (3) The ballot may be delivered to the absent elector in
the office of the clerk, by postage prepaid mail or by any other
appropriate means. - }

    { - (4) - }  { +  (2) + } The clerk shall deliver with the
ballot instructions for marking and returning the ballot, a
return identification envelope and a secrecy envelope. The back
of the envelope shall include a statement to be signed by the
absent elector, stating that the elector:
  (a) Is qualified to vote;
  (b) Unless prevented by physical disability, has personally
marked the ballot; and
  (c) Has not unnecessarily exhibited the marked ballot to any
other person.
    { - (5) Notwithstanding subsections (1) and (2) of this
section, if the county clerk receives an application for an
absentee ballot after the fifth day before an election, the
county clerk need not mail the ballot for that election but may
deliver the ballot by making it available in the office of the
clerk. - }
    { - (6) - }  { +  (3) + } 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.
    { - (7) - }  { +  (4) + } A replacement ballot { +  provided
under subsection (3) of this section + } may be mailed or shall
be made available in the office of the county clerk.
    { - (8) - }  { +  (5) + } 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   { - not - }  count   { - any - }  { +
only the first + } ballot   { - cast by the elector - }  { +
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.
  SECTION 2. ORS 253.070 is amended to read:
  253.070.   { - Upon receipt of a ballot the absent elector
shall mark it and comply with the instructions provided with the
ballot.  The absent elector may return the marked ballot to the
office of the clerk, by any appropriate means. The - }  { +
A + } ballot { +  from an absent elector + } must be received by
a county clerk not later than 8 p.m.  of the day of the election.
 { - If a county clerk receives a ballot for an elector who does
not reside in the clerk's county, the ballot shall be forwarded
to the county clerk of the county in which the elector resides
not later than the eighth day after the election. - }
  SECTION 3. ORS 253.080 is amended to read:
  253.080. (1) Upon receipt of an envelope containing a marked
  { - absentee - }  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
  { - which - }  { +  that + } appears on the back of the
 { - absentee - }  ballot envelope with that upon the
 { - applicant's - }  { +  elector's + } registration card. If
the signatures appear to be the same, the { +  clerk shall mark
the + } envelope   { - shall be marked in order - }  to indicate
that the ballot may be counted.
  (2) Except as otherwise provided in this chapter,   { - the
absentee - }  ballots { +  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.
  SECTION 4. ORS 253.500 is amended to read:

  253.500. ORS 253.500 to 253.640 shall be liberally construed so
that all   { - long term absent - }  { +  military or
overseas + } electors may be given an opportunity to fully
exercise their voting rights.
  SECTION 5. ORS 253.510 is amended to read:
  253.510. As used in ORS 253.500 to 253.640,   { -  ' long term
absent elector' - }  { +  '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.
  SECTION 6. ORS 253.515 is amended to read:
  253.515. Except as otherwise provided in ORS 253.500 to
253.640, procedures relating to   { - long term absent - }  { +
military or overseas + } electors' ballots   { - and special
absentee ballots - }  shall be as nearly as possible the same as
 { - for other absentee ballots - }  { +  procedures for other
absent elector's ballots + }.
  SECTION 7. ORS 253.530 is amended to read:
  253.530. (1) A spouse or dependent of a   { - long term
absent - }  { +  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   { - long term absent - }  { +  military
or overseas + } elector.
  (2) A spouse or dependent of a   { - long term absent - }  { +
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   { - long term absent - }  { +
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   { - long term absent - }  { +  military or
overseas + } elector in this state.
  SECTION 8. ORS 253.540 is amended to read:
  253.540. (1) Any   { - long term absent - }  { +  military or
overseas + } elector may secure   { - an absentee - }  { +  a + }
ballot by submitting an application as specified in subsection
(2) of this section to the clerk of the county of the   { - long
term absent - }  { +  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   { - an absentee - }  { +  a + } ballot
by a   { - long term absent - }  { +  military or overseas + }
elector shall be made in the form of a written request. The
application shall be valid for every subsequent election until
the elector otherwise notifies the clerk or is no longer an
elector of the county. The application shall be signed by the
applicant and contain:
  (a) The name and current mailing address of the applicant;
  (b) A statement that the applicant is a citizen of the United
States;
  (c) A statement that the applicant will be 18 years of age or
older on the date of the election;
  (d) A statement that for more than 20 days preceding the
election the applicant's home residence has been in this state,
and giving the address of the last home residence;
  (e) A statement of the facts that qualify the applicant as a

  { - long term absent - }  { +  military or overseas + } elector
or as the spouse or a dependent of a   { - long term absent - }
 { +  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   { - absentee - }  ballot; and
  (g) If the applicant desires to vote in a primary election, a
designation of the applicant's political party affiliation or a
statement that the applicant is not affiliated with any political
party. An applicant not affiliated with any political party may
request a ballot for a major political party. The applicant shall
be sent the ballot for the political party that the applicant
requested if that political party has provided under ORS 254.365
for a primary election that admits electors not affiliated with
any political party.
  SECTION 9. ORS 253.545 is amended to read:
  253.545. (1) Upon receipt of an application made under ORS
253.540 { + , + } the county clerk, without regard to whether the
applicant is an elector of the county, shall mail the materials
prescribed in ORS 253.065 to the applicant.
  (2) Notwithstanding any provision of ORS chapter 247, the
completed and signed application submitted under ORS 253.540
shall constitute a valid registration for the applicant.
  (3) Notwithstanding subsection (1) of this section, if the
county clerk receives an application from a   { - long term
absent - }  { +  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.
  SECTION 10. ORS 253.550 is amended to read:
  253.550. Whenever provision is made for absentee voting by a
statute of the United States, including the Uniformed and
Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff (Public
Law 99-410), an application for   { - an absentee - }  { +  a + }
ballot made under that law may be given the same effect as an
application for   { - an absentee - }   { + a + } ballot made
under ORS 253.500 to 253.640.
  SECTION 11. ORS 253.565 is amended to read:
  253.565. (1) Any   { - long term absent - }  { +  military or
overseas + } elector may secure a special   { - absentee - }
ballot for a primary election or general election by making an
application under this section if the elector believes that:
  (a) The elector will be residing, stationed or working outside
the territorial limits of the United States and the District of
Columbia; and
  (b) The elector will be unable to vote and return a regular
  { - absentee - }  ballot by normal mail delivery within the
period provided for regular   { - absentee ballots - }  { +
absent electors + }.
  (2) A   { - long term absent - }  { +  military or overseas + }
elector shall make the application for a special
 { - absentee - }  ballot in the form of a written request. The
elector shall submit the application before the date of the
applicable election to the clerk of the county of the   { - long
term absent - }  { +  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   { - absentee - }  ballot;
  (c) A statement that the applicant is a citizen of the United
States;
  (d) A statement that the applicant will be 18 years of age or
older on the date of the election;
  (e) A statement that for more than 20 days preceding the
election the applicant's home residence has been in this state,
and giving the address of the last home residence;
  (f) A statement of the facts that qualify the applicant as a
  { - long term absent - }  { +  military or overseas + } elector
or as the spouse or a dependent of a   { - long term absent - }
 { +  military or overseas + } elector;
  (g) A statement of the facts that qualify the applicant to vote
by means of a special   { - absentee - }  ballot;
  (h) A statement that the applicant is not requesting a ballot
from any other state and is not voting in any other manner in the
election except by the requested special   { - absentee - }
ballot; and
  (i) If the applicant requests a ballot for a primary election,
a designation of the applicant's political party affiliation or a
statement that the applicant is not affiliated with any political
party. An applicant not affiliated with any political party may
request a ballot for a major political party.  The applicant
shall be sent the ballot for the political party that the
applicant requested if that political party has provided under
ORS 254.365 for a primary election that admits electors not
affiliated with any political party.
  (3) An application for a special   { - absentee - }  ballot
shall be valid only for the election specified in the
application.
  (4) The county clerk shall list on the special
 { - absentee - } ballot the offices and measures scheduled to
appear on the regular ballot, if known when the ballot is
prepared, and provide space in which the elector may write in the
elector's preference.
  (5) The elector may write in the name of any eligible candidate
for each office to be filled or for which nominations will be
made at the election, and may vote on any measure submitted at
the election.
  SECTION 12. ORS 253.575 is amended to read:
  253.575. (1) Upon receipt of an application made under ORS
253.565, if the applicant's residence is in the county, the
county clerk, without regard to whether the applicant is an
elector of the county, shall mail to the applicant a special
 { - absentee - } ballot, instructions for filling in and
returning the ballot and an envelope to use for the return. The
name, official title and office address of the clerk shall appear
on the front of the envelope. On the back shall appear a
statement to be signed by the absent elector, stating that the
elector:
  (a) Is qualified to vote;
  (b) Unless prevented by physical disability, has personally
marked the ballot; and
  (c) Has not unnecessarily exhibited the marked ballot to any
other person.
  (2) The completed and signed application submitted under ORS
253.565 shall constitute a valid registration for the
 { - applicant - }  { +  elector + }.
  (3) If the county clerk receives an application for a special
  { - absentee - }  ballot on or after the 45th day before the
election specified in the application, the county clerk shall
treat the application as an application made under ORS 253.540.
  (4) A   { - long term absent - }  { +  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   { - long term
absent - }  { +  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.
  SECTION 13. ORS 253.585 is amended to read:
  253.585. (1) The Secretary of State may receive ballots from
  { - long term absent - }  { +  military or overseas + }
electors.
  (2) If the Secretary of State receives a ballot cast by a
  { - long term absent - }  { +  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 not later than 8 p.m. of the day of the election shall be
considered to have been received by the   { - 8 p.m. deadline
specified - }  { +  county clerk as described + } in ORS 253.070.
  SECTION 14. ORS 253.640 is amended to read:
  253.640. All public officers having duties under ORS 253.500 to
253.640 shall coordinate their efforts with any federal authority
to facilitate voting by   { - long term absent - }  { +  military
or overseas + } electors, so that these electors may cast their
ballots with the least possible interference with the performance
of their duties.
  SECTION 15. ORS 253.690 is amended to read:
  253.690. (1) A   { - long term absent - }  { +  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 (8), 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 card, 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.
  SECTION 16. ORS 253.700 is amended to read:
  253.700. (1) The county clerk, an elections official or any
elector shall challenge the   { - absentee - }  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   { - an absentee - }  { +  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.
  SECTION 17. ORS 253.710 is amended to read:
  253.710.   { - No person shall - }  { +  A person may not + }
alter any information supplied on an application for   { - an
absentee - }  { +  a + } ballot  { +  for an absent elector + }
except:
  (1) An elections officer in the performance of official duties.
  (2)   { - The applicant - }  { +  The person who supplies the
information on the application for a ballot for the purpose of
voting as an absent elector + }.
  SECTION 18. ORS 254.470 is amended to read:
  254.470. (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) and (c) of this
subsection, the county clerk shall mail by nonforwardable mail an
official ballot with a return identification envelope and a
secrecy envelope not sooner than the 18th 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   { - long-term absent - }
 { + military or overseas + } electors, the county clerk may mail
the ballots not sooner than the 29th day before the date of the
election.
  (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 shall
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) 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.
  (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) 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. 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. The ballot must be
returned in the return identification envelope. If the elector
returns the ballot by mail, the elector must provide the postage.
A ballot must be received at the office of the county clerk, 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.
  (7) 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.
  (8) A ballot shall be counted only if:
  (a) It is returned in the return identification envelope;
  (b) The envelope is signed by the elector to whom the ballot is
issued; and
  (c) The signature is verified as provided in subsection (9) of
this section.
  (9) The county clerk shall verify the signature of each elector
on the return identification envelope with the signature on the
elector's registration card, according to the procedure provided
by rules adopted by the Secretary of State. If the county clerk
determines that an elector to whom a replacement ballot has been
issued has voted more than once, the county clerk shall count
only one ballot cast by that elector.
  (10) 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.
  SECTION 19. ORS 254.660 is amended to read:
  254.660. (1) Notwithstanding ORS   { - 253.045 and - }
253.065, for a special election called under ORS 254.655,
 { - long-term absentee - } 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
 { - other absentee - }  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)   { - Notwithstanding ORS 253.135, - }  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.
  SECTION 20. ORS 260.665 is amended to read:
  260.665. (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   { - an absentee
ballot - }  { +  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 nonpromissory 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; or
  (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.
  SECTION 21. ORS 545.041 is amended to read:
  545.041. (1) The election shall be conducted, as nearly as
practicable, in accordance with the general election laws of the
state, except that the provisions of the election laws as to the
form of ballot and as to the nomination of candidates shall not
apply. No particular form of ballot shall be required. An absent
elector may obtain   { - an absentee - }   { + a + } ballot and
vote, as nearly as practicable, in the manner provided for
 { - absentee - }   { + absent + } electors in ORS chapter 253.
  (2)(a) Nominations for candidates for the board of directors
may be made by petition, signed by at least 10 electors in the
proposed district or division who are qualified to vote for the
directors nominated by them. Nominations may also be made at an
assembly of not less than 25 electors.
  (b) Not more than one of the electors of a multiple ownership
as described in ORS 545.007 (1)(a) may sign a nominating petition
or vote at an assembly. Nominations by petition or by assembly
shall be filed with the county assessor before they are filed
with the county clerk under this subsection. If a nomination is
made at an assembly, the nomination shall be filed under this
paragraph with a list of the names and addresses of the electors
who voted at the assembly. The county assessor shall verify that
not more than one of the electors of a multiple ownership as
described in ORS 545.007 (1)(a) has signed a nominating petition
or voted at an assembly. The county assessor shall provide
written confirmation of the assessor's verification to the person
filing the nomination.
  (c) Nominations by petition or by assembly shall be filed with
the county clerk at least 35 days next preceding the date of
election. The nomination shall be accompanied by a copy of the
written confirmation of verification provided by the county
assessor under this subsection.
  (d) The county clerk shall have the names of all persons
nominated placed on the ballots as candidates for the offices for
which they have been nominated. The ballots shall have a blank
line under the printed names, on which may be written the name of
any candidate voted for.
  (3) A nominating petition shall contain:
  (a) The name by which a candidate is commonly known. The
candidate may use a nickname in parentheses in connection with
the candidate's full name;
  (b) The address information of the candidate;
  (c) The office for which the candidate seeks nomination;
  (d) The term of office for which the candidate seeks
nomination;
  (e) A statement that the candidate is qualified for the office;
  (f) A statement that the candidate is willing to accept the
nomination and, if elected, the office;
  (g) The signature of the candidate;
  (h) The printed name and address of each elector who signed the
petition; and
  (i) A statement by the circulator of the petition that the
circulator is personally acquainted with the electors who signed
the petition and affirms that the signatures are genuine.
  (4) If an elector is not shown as an owner of land on the last
equalized assessment roll or is not shown as having authority to
vote on behalf of an owner of land, the elector shall furnish the
county clerk with written evidence, satisfactory to the county
clerk, that the elector:
  (a) Is a legal representative of the owner;
  (b) Is entitled to be shown as the owner of land on the next
assessment roll;
  (c) Is a purchaser of land under a written agreement of sale;
or
  (d) Is authorized to sign for and on behalf of any public
agency owning land.
  (5) The county court shall meet on the first Monday that is at
least 10 days after the election, canvass the votes cast, and
enter an order declaring the result of the election. If upon the
canvass it appears that at least three-fifths of the votes cast
are 'Irrigation District - Yes,' the court shall, by an order
entered on its minutes, declare the territory organized as an
irrigation district under the name designated by the county court
under ORS 545.033 (1), and shall declare the persons receiving,
respectively, the highest number of votes for the several
available director positions to be elected to those positions.
The court shall cause a copy of the order, duly certified, to be
immediately filed for record in the office of the county clerk of
each county in which any portion of the district is situated.
  (6) After the date of organization of an irrigation district,
the county court of any county including any portion of the
district shall not allow another district to be formed that
includes any lands in the existing district, without first
securing consent for the formation from the existing district.
  (7) From and after the date of the filing of the order under
subsection (1) of this section, the organization of the district
is complete, and the directors may enter upon the duties of their
offices upon qualifying as provided by law. They shall hold
office until their successors are elected and qualified.
  SECTION 22. ORS 545.141 is amended to read:
  545.141. (1) Voting may commence as soon as the polls are open
and may continue during all the time the polls remain open.
Voting shall be conducted as nearly as practicable in accordance
with the general election laws. An absent elector may obtain
 { - an absentee - }   { + a + } ballot and vote, as nearly as
practicable, in the manner provided for   { - absentee - }
 { + absent + } electors in ORS chapter 253.
  (2) A person who offers to vote and claims to be an elector,
but fails to provide either evidence of ownership, acreage or
other voting authorization, shall be allowed to vote after
submitting a sworn statement in accordance with the provisions of
ORS 254.407 and 254.409. However, any person voting pursuant to
this section shall, in addition to the information required by
ORS 254.407, include information in the elector's statement
concerning the location of the claimed land and the precise
acreage for which the elector is claiming ownership or voting
authorization. Upon receipt of the elector's sworn statement, the
secretary of the district shall attempt to verify the elector's
voting qualifications under the Irrigation District Law.
  (3) Any election board member or elector present at the time of
voting shall challenge a person offering to vote in any election
whom the board member or elector knows or believes to be
unqualified as an elector. Any challenge shall be made in
accordance with ORS 254.415. The elector's statement of challenge
required by ORS 254.415 shall include the location of the claimed
land and the precise acreage for which the elector is claiming
ownership or voting authorization. Upon receipt of the elector's
sworn statement, the secretary of the district shall attempt to
verify the elector's voting qualifications according to the
provisions of the Irrigation District Law.
  (4) As soon as the polls are closed the judges shall open the
ballot box and shall commence counting the votes. The ballot box
may not be removed from the room in which the election is held
until all ballots have been counted. The counting of the ballots
shall be public. The presiding officer of the board of election
or one of the judges shall take ballots from the ballot box one
at a time, open them and read aloud the name of each person named
on the ballot and the office for which the person is voted. If
the intent of the voter is clear, the vote shall be counted and
not rejected for lack of form. The judges shall keep an accurate
account of the votes by tallies in duplicate and the counting
shall continue without adjournment until all votes have been
counted.
  SECTION 23.  { + ORS 253.015, 253.030, 253.045, 253.055 and
253.135 are repealed. + }
  SECTION 24.  { + The amendments to ORS 253.065, 253.070,
253.080, 253.500, 253.510, 253.515, 253.530, 253.540, 253.545,
253.550, 253.565, 253.575, 253.585, 253.640, 253.690, 253.700,
253.710, 254.470, 254.660, 260.665, 545.041 and 545.141 by
sections 1 to 22 of this 2013 Act and the repeal of ORS 253.015,
253.030, 253.045, 253.055 and 253.135 by section 23 of this 2013
Act apply to ballots for elections held on or after the effective
date of this 2013 Act. + }
  SECTION 25.  { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
                         ----------