justicedao/ipfs_state_laws huggingface dataset:
165-005-0055 Designating NVRA Voter Registration Agencies (1) "Voter Registration Agency" means one of the following: (a) Armed Forces recruitment offices operated by the U.S. Department of Defense and Oregon National Guard Recruitment Offices; (b) Oregon Commission for the Blind (OCB); (c) Oregon Department of Human Services, Aging and People with Disabilities (APD); (d) Oregon Department of Human Services, Area Agency on Aging (AAA); (e) Oregon Department of Human Services, Self Sufficiency and Child Welfare (SS/CW); (f) Oregon Health Authority, Contraceptive Care Program (CCare); (g) Oregon Health Authority, Health Systems Division, Behavioral Health; (h) Oregon Health Authority, Women, Infants and Children Nutrition Program (WIC); (i) Oregon Department of Human Services, Vocational Rehabilitation (VR); (j) Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV); (k) Public universities, as defined in ORS 352.002; (l) Oregon Department of Human Services, Office of Developmental Disability Services (ODDS); (m) Oregon Health Authority, Oregon State Hospital (OSH); (n) Oregon Department of Veterans' Affairs (ODVA); and (o) Indian Health Service, Western Oregon Service Unit (Chemawa Health Center). (2) "Agency Site" means any voter registration location named by a voter registration agency designated in section (1) of this rule. (3) "County Elections Official" means the official responsible for voter registration in any county. (4) Some voter registration agencies are not required under the National Voter Registration Act to be designated as voter registration agencies. Because their status as Voter Registration Agencies is voluntary, public universities are exempt from the requirements of ORS 247.208(2) and (4). (5) The Armed Forces recruitment offices, operated by the U.S. Department of Defense, are exempt from reporting statistical information to the Secretary of State and report directly to the Election Assistance Commission. Statutory/Other Authority: ORS 246.150 Statutes/Other Implemented: ORS 247.208 & Executive Order 14019, Sec. 4 History: ELECT 20-2024, amend filed 10/23/2024, effective 10/28/2024 ELECT 17-2018, amend filed 08/10/2018, effective 08/10/2018 ELECT 3-2016, f. & cert. ef. 7-6-16 ELECT 12-2015, f. 12-31-15, cert. ef. 1-1-16 ELECT 11-2011, f. & cert. ef. 7-12-11 ELECT 8-2003, f. & cert. ef. 9-3-03 ELECT 20-2000, f. & cert. ef. 12-8-00 ELECT 25-1994, f. & cert. ef. 10-27-94 ELECT 18-1992, f. & cert. ef. 7-1-92 ELECT 10-1991(Temp), f. & cert. ef. 9-27-91
165-005-0060 Collection of Registration Cards (1) Personnel at all agency sites shall forward completed voter registration cards to the County Elections Official of the county in which the agency site is located. If the Secretary of State provides envelopes for forwarding the cards, those envelopes shall be used. Agency personnel shall forward cards via the U.S. Postal Service, unless other arrangements have been made with the County Elections Official that may be more economical or efficient. (2) The Secretary of State shall notify agency sites of impending registration-related deadlines. (3) Personnel at agency sites shall forward completed voter registration cards within five days of receipt, as required by ORS 247.012(2)(a). Statutory/Other Authority: ORS 246.150 & 247.208 Statutes/Other Implemented: ORS 247.208 History: ELECT 8-2003, f. & cert. ef. 9-3-03 ELECT 21-2000, f. & cert. ef. 12-8-00 ELECT 25-1994, f. & cert. ef. 10-27-94 ELECT 18-1992, f. & cert. ef. 7-1-92 ELECT 10-1991(Temp), f. & cert. ef. 9-27-91
165-005-0070 Agency Registration Procedures (1) Personnel at agency sites shall date stamp each voter registration form before it is mailed to the county elections office. The voter registration form should be date stamped with the date it was received from the client, on the front of the form to the right of the bar code. (2) Voter registration agencies shall provide written notice to the Secretary of State of any change, to the following information within 30 days of the change: (a) The identity of the NVRA coordinator for the voter registration agency; (b) The location of each agency site that will offer voter registration; and (c) The nature of voter registration procedures within the voter registration agency. (3) Voter registration agency personnel shall not influence or attempt to influence a person to choose or not choose a particular political party or preference, or to register or to vote in any particular manner. Items which personnel shall not wear or display in the presence of clients while offering the opportunity to register to vote include materials that: (a) Identify past, present, or future holders or seekers of partisan elective office; (b) Contain logos or other graphics that may be identified with a political party or other party preference; (c) Would reasonably be understood to be associated with a political party or other political party preference; or (d) Would reasonably be understood to be advocating support or opposition to a ballot measure or candidate for elective office. Statutory/Other Authority: ORS 246.150 & 247.208 Statutes/Other Implemented: ORS 247.208 History: ELECT 1-2019, amend filed 01/18/2019, effective 01/18/2019 ELECT 3-2016, f. & cert. ef. 7-6-16 ELECT 12-2015, f. 12-31-15, cert. ef. 1-1-16 ELECT 8-2003, f. & cert. ef. 9-3-03 ELECT 15-2001, f. & cert. ef. 6-15-01 ELECT 25-1994, f. & cert. ef. 10-27-94 ELECT 18-1992, f. & cert. ef. 7-1-92 ELECT 4-1992(Temp), f. & cert. ef. 2-26-92
165-005-0080 Request for Delivery and Distribution of Voter Registration Cards (1) The purpose of this rule is to set out the procedures for handling requests for delivery of voter registration cards. (2) All requests for 100 or more voter registration cards shall be accompanied by a completed SEL Form 505 and will be filled as follows: (a) The County elections official shall fill requests for less than 500 voter registration cards; (b) The Secretary of State shall fill requests for 500 or more voter registration cards. (3) The Secretary of State shall maintain records to determine when an aggregate of 5,000 voter registration cards have been delivered to any person during the time periods described ORS 247.176(1). (4) Requests by any person for voter registration forms in excess of the 5,000 aggregate during any one time period will be made to the Secretary of State. The Secretary of State will honor requests for delivery of more than 5,000 registration cards in the following circumstances: (a) When the request is made in writing and the requester agrees to pay the printing costs of the cards requested; or (b) When the request is made in writing and the requester provides the following information and assurances: (A) The requester provides a plan for distribution of the cards, including the names of persons or organizations involved in the registration drive, distribution locations, publicity related to the registration drive, coordination with other registration drives, if applicable, and any other pertinent details of the effort; (B) The requester provides written assurances that any unused registration cards after the completion of the registration drive will be returned to the Secretary of State. (5) At the discretion of the Secretary of State, requests for additional voter registration forms may be satisfied by authorizing the requesting person to print the voter registration forms at the person's own expense, according to Secretary of State specifications. (6) The free public distribution of registration cards by a person approved by the Secretary of State under to print, copy or otherwise prepare and distribute voter registration forms, even though the distributor incurs costs in the distribution, does not constitute undue influence to affect registration, voting or candidacy. (7) Nothing in this rule shall be deemed to limit the distribution of voter registration forms to permanent registration locations as designated by the County elections official or to voter registration agencies as designated by the Secretary of State. (8) These procedures shall be construed liberally in order not to impede voter registration in this state. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 246.150 & 247.176 Statutes/Other Implemented: ORS 247.176 History: ELECT 8-2003, f. & cert. ef. 9-3-03 ELECT 9-2001, f. & cert. ef. 3-15-01 ELECT 25-1994, f. & cert. ef. 10-27-94 ELECT 5-1992, f. & cert. ef. 2-26-92, Renumbered from 165-002-0015 ELECT 1-1990, f. & cert. ef. 1-16-90
165-005-0150 Use of Signature Stamp by Disabled Elector (1) For purposes of this rule, "signature stamp or other indicator" means a device capable of printing a representation of a person’s signature on a document. (2) Any voter who is unable, because of a disability, to sign the person’s name by hand may use a signature stamp or other indicator on the person’s voter registration form and any other election document requiring the voter’s signature as provided by this rule. (3) Before a voter may use a signature stamp or other indicator on an election document, the voter shall attest that the voter needs to use a signature stamp or other indicator because of a disability. (4) Form SEL 540 (Signature Stamp Attestation) shall be the form used for the attestation required by this rule. The form shall be filed with the county election official of the county in which the voter is registered to vote. Statutory/Other Authority: ORS 246.120, 246.150 & HB 3135 & 1997 Statutes/Other Implemented: HB 3135 & 1997 History: ELECT 2-2001, f. 2-7-01, cert. ef. 2-8-01 ELECT 10-1997, f. & cert. ef. 10-27-97
165-005-0160 Electronic Voter Registration System (1) This rule adopts the electronic voter registration system a qualified individual can use to complete and submit a registration electronically. (2) Access to the electronic voter registration system is provided online at www.oregonvotes.gov and during covered transactions with the Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV). (3) For purposes of this rule, a “qualified individual” is defined as a US Citizen that is a resident of Oregon and at least 16 years old, and: (a) Who has a valid Oregon driver license, driver permit or state identification card, including an electronic signature image on file with DMV; or (b) Who has a valid Social Security number. (4) For purposes of this rule a “covered transaction” is defined as an application for or renewal of an Oregon driver license, driver permit, state identification card or a change of address. (5) The electronic voter registration system can be used by electors to: (a) Register for the first time in the state; and (b) Update address, contact information or party information on an existing registration. (6) If a registrant does not have a valid Oregon driver license, driver permit or state identification card, they must provide the final four digits of their Social Security number and an image of their signature to electronically submit a registration through www.oregonvotes.gov. (7) The electronic voter registration system shall create an electronic time and date record at the time the registration is completed which shall be deemed the time submitted for voter registration purposes if the registration is accepted by the county elections official. All times and dates referenced are in Pacific Time. (8) If the registrant has a valid Oregon driver license, driver permit or state identification card an image of the registrant’s electronic signature captured by DMV will be delivered to the county elections official with the registrant’s electronically submitted registration. (9) The county elections official will review the submission and either accept the registration, reject the application, or contact the registrant for additional information. (10) If the signature obtained is insufficient, the county elections official shall contact the registrant to obtain a sufficient signature. An elector is not eligible to vote a ballot until complete registration information, including a sufficient signature or signature stamp attestation is accepted by the county elections official. Statutory/Other Authority: ORS 246.150 & ORS 247.019 Statutes/Other Implemented: ORS 247.019 & HB 4133 (2022) History: ELECT 12-2025, amend filed 12/19/2025, effective 12/22/2025 ELECT 2-2021, amend filed 06/08/2021, effective 06/09/2021 ELECT 1-2010, f. & cert. ef. 2-26-10
165-007-0030 Designating the Vote By Mail Procedures Manual. The Secretary of State designates the Vote by Mail Manual revised 03/2024 and associated forms, as the procedures for conducting all vote by mail elections. All vote by mail elections shall be conducted following the requirements of ORS Chapters 246 through 260 and the Vote By Mail Manual. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 246.150, 254.465, 254.470, SB 27 (2021), HB 2681 (2021), HB 3291 (2021), SB 53 (2023) & SB166 (2023) Statutes/Other Implemented: ORS 247, ORS 254, SB 27 (2021), HB 2681 (2021), HB 3291 (2021), SB 53 (2023) & SB166 (2023) History: ELECT 7-2024, amend filed 04/04/2024, effective 04/05/2024 ELECT 15-2023, amend filed 09/07/2023, effective 09/08/2023 ELECT 8-2023, temporary amend filed 03/18/2023, effective 03/18/2023 through 09/13/2023 ELECT 33-2022, temporary amend filed 09/20/2022, effective 09/21/2022 through 03/17/2023 ELECT 2-2022, amend filed 01/13/2022, effective 01/14/2022 ELECT 5-2020, amend filed 03/03/2020, effective 03/03/2020 ELECT 24-2018, amend filed 10/16/2018, effective 10/16/2018 ELECT 3-2017, f. & cert. ef. 6-16-17 ELECT 8-2015, f. & cert. ef. 12-11-15 ELECT 10-2012, f. & cert. ef. 4-24-12 ELECT 10-2007, f. & cert. ef. 12-31-07 ELECT 26-2003, f. & cert. ef. 12-31-03 ELECT 9-2003, f. & cert. ef. 9-3-03 ELECT 5-1989, f. & cert. ef. 8-16-89
165-007-0035 Designating Ballot Request Forms (1) The Secretary of State designates form SEL 111, Absentee Ballot Request Form, as the form an elector who will be away during an election, may submit to a county elections official to request an absentee ballot, except that if the elector is serving in the Armed Forces, the Merchant Marine or is temporarily living outside the territorial limits of the United States, the elector must submit a Federal Post Card Application. (2) The Secretary of State designates form SEL 111A, Absentee Ballot Request Form, as the form an elector who is 17 years old who will be away during an election may submit to a county elections official to request an absentee ballot, except that if the elector is serving in the Armed Forces, the Merchant Marine or is temporarily living outside the territorial limits of the United States, the elector must submit a Federal Post Card Application. The elector will not receive a ballot until an election occurs on or after their eighteenth birthday. (3) The Secretary of State designates form SEL 113, Provisional Ballot Request Form, as the form an individual whose eligibility as a voter is in question may use to request a ballot. The provisional ballot will not be counted until the individual’s eligibility is determined. Statutory/Other Authority: ORS 246.150, 254.465, 254.470 & Help America Vote Act P.L. 107-252 Statutes/Other Implemented: ORS 247, 253.03 & 254 History: ELECT 3-2016, f. & cert. ef. 7-6-16 ELECT 10-2015, f. 12-31-15, cert. ef. 1-1-16 ELECT 22-2009, f. & cert. ef. 12-31-09 ELECT 5-2006, f. & cert. ef. 4-18-06
165-007-0280 Spanish Language Ballots A county elections official may choose to prepare and make available an official ballot translated into Spanish for any election. If a county chooses to prepare and make available a Spanish language official ballot the following procedures must be followed: (1) Not later than the 70th day before any election the county elections official must notify the Division in writing of the official’s decision to prepare and make ballots available in Spanish. The notice must include the method by which Spanish ballots will be made available to electors and the method by which those ballots voted and returned by the last day to receive ballots will be tallied. (2) To guarantee consistency of translated material the county elections official must use the Secretary of State’s certified vendor for translation; and (3) The cost of translation must be paid directly to the vendor by the county. Statutory/Other Authority: ORS 246.150, ORS 254.465 & ORS 254.470 Statutes/Other Implemented: ORS 247, ORS 254 & HB 3291 (2021) History: ELECT 6-2022, amend filed 01/20/2022, effective 01/21/2022 ELECT 8-2005, f. & cert. ef. 12-14-05
165-007-0300 Facsimile Vote Secret Ballot Waiver Form (1) The Secretary of State designates form SEL 531, Email or Facsimile Vote Secret Ballot Waiver Form, as the form to be used by a long term absent elector who is serving in or has been discharged for not more than 30 days from the Armed Forces or the Merchant Marine when casting a ballot using electronic mail or a facsimile machine. (2) The ballot will not be counted unless the completed SEL 531 is received in the office of the county clerk not later than 8 pm on the day of the election, accompanied by a return identification envelope, transmitted by electronic mail or facsimile, containing the signature of the elector and the signature is matched against the signature on the elector’s most current voter registration card. (3) County clerks shall incorporate into their Security Plan, required to be filed with the Secretary of State not later than January 31st of every year, methods for ensuring the secrecy of ballots cast using electronic mail or a facsimile machine to the greatest extent possible. Acceptable methods include but are not limited to: (a) Using a separate dedicated electronic mailbox or facsimile machine with limited staff access; (b) Assigning a dedicated employee to monitor the electronic mailbox or facsimile machine; or (c) Adjusting the facsimile machine settings to store items until a set time, rather than automatically printing. Statutory/Other Authority: ORS 246.150 Statutes/Other Implemented: OL 2009 Ch. 619 (HB 2511) History: ELECT 2-2012, f. & cert. ef. 1-3-12 ELECT 18-2009, f. & cert. ef. 12-4-09
165-007-0310 County Elections Security Plan (1) A security plan shall be submitted to the Secretary of State Elections Division, not later than the 31st of January of each year. (2) Approved Security Plans will be valid from March 1 of each year through the last day of February of the following year. (3) Any revisions to the plan must be submitted to the Secretary of State Elections Division not later than one business day after the revision is made, and at least 30 days before the first election date at which the revisions are to be used. (4) The security plan and all supporting documentation are confidential and not subject to public disclosure. (5) All ballots must be secured from their inception into the county’s computers, through final storage. This secure process must be followed through ballot reception, verification, inspection, scanning and tally of votes. (6) The County Elections Official must include accountability procedures for ballots during the election process. (7) During each phase of the process the County Elections Official must maintain an audit trail for all ballots, whether voted or unused. (8) Copies of all security agreements with outside vendors must be submitted to the Secretary of State as part of the overall security plan. (9) Upon receipt of the county security plan the Secretary of State Elections Division shall review the plan based upon the criteria in subsection (11). (10) In order for a county to be permitted to scan ballots upon receipt pursuant to ORS 254.478, the county’s security plan must be approved in writing by the Secretary of State Elections Division. (11) The Security Plan must include the following components: (a) Ballot security at the printer; (b) Ballot storage security; (c) Ballot security during transport to inserter (if applicable), to the county, or to the post office; (d) Ballot security during insertion; (e) Ballot security at dropsites; (f) Security of voted ballots awaiting verification; (g) Security of voted ballots verified and awaiting inspection; (h) Security of voted ballots opened and inspected; (i) Facsimile ballot security; (j) Ballot tally system; (k) Early scanning procedure (if applicable); (l) Preventing the premature release of vote tally; (m) Post election security; and (n) Information about whether or not secrecy envelopes or sleeves will be used. Statutory/Other Authority: ORS 246.150 Statutes/Other Implemented: ORS 254.074, 2009 OL Ch. 592 (HB 2451) & SB 27 (2021) History: ELECT 7-2022, amend filed 01/20/2022, effective 01/21/2022 ELECT 24-2009, f. & cert. ef. 12-31-09
165-007-0450 Risk Limiting Audit Provisions (1) The purpose of this rule is to establish a procedure for the conduct of risk limiting audits of selected ballots following an election conducted in this state pursuant to ORS 254.532.The Secretary of State, as the chief elections officer for the State of Oregon, has the responsibility to adopt rules that the Secretary considers necessary to facilitate and assist in achieving a maximum degree of correctness, impartiality and efficiency in administration of the election laws. This rule is intended to carry out that responsibility by providing an additional mechanism for selective recounts to confirm the accuracy of the automated vote tally systems used to count ballots. (2) The “risk limit” required by ORS 254.532(6)(a) is 0.10%. (3) In order to 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, a county elections official may only choose to utilize risk limiting audit software that has been examined by a federally accredited voting systems testing laboratory (VSTL), and certified by the Secretary of State. The Secretary will review the laboratory report and procedures for the specific risk limiting audit software and then issue a decision on whether to certify the risk limiting audit software not later than 30 days after an application is received in the Elections Division from a county. (4) Upon completion of the audit, and not later than the date the county certifies the results of the election to the Secretary of State, the county elections official shall publicly report on the results of the audit. (5) The procedures described in this rule may be implemented only if a county is not required to conduct either an automatic recount under ORS 258.280 and ORS 258.290 or a partial or full demand recount under ORS 258.161. In the event that a recount under these statutes is commenced, any risk limiting audit is automatically terminated. Statutory/Other Authority: ORS 246.150, ORS 254.465 & ORS 254.532 Statutes/Other Implemented: ORS 254.532, ORS 254.529 & ORS 254.535 History: ELECT 9-2020, adopt filed 11/12/2020, effective 11/12/2020