Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 5 - VOTER REGISTRATION › Section 165-005-0130 - Residence Address Disclosure Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this rule is to define when a county elections official may exempt the
			 residence address of an elector from disclosure as a public record.
(2) The terms used in this rule shall have
			 the same meaning as defined in ORS Chapters 246 through 260, commonly referred
			 to as "Oregon Election Laws".
(3)
			 An elector may request that a county elections official not disclose the
			 residence address of the elector. If the elector demonstrates to the
			 satisfaction of the county elections official that the personal safety of the
			 elector, or the personal safety of a family member residing with the elector,
			 is in danger if the residence address remains available for public inspection,
			 the county elections official shall not disclose that information except in
			 compliance with a court order, a request by a law enforcement agency, or with
			 the consent of the elector.
(4) An
			 exemption from disclosure granted under this rule shall include the residence
			 address on the elector's voter registration record, registration lists produced
			 in accordance with ORS
			 247.940 and
			 247.945, poll books, and any
			 other material produced or maintained by the county elections official which is
			 available for public inspection that may reveal the requestor's residence
			 address. The elector's mailing address may be used in place of the exempt
			 residence address.
(5) A request
			 under section (3) of this rule shall be submitted to the county elections
			 official. The exemption request shall be submitted on form SEL 550 Application
			 to Exempt Residence Address from Disclosure. The request shall be in writing,
			 signed by the elector, and shall include:
(a)
			 The name of the elector requesting exemption;
(b) A non-exempt mailing address for the
			 elector; and
(c) Evidence
			 sufficient to establish to the satisfaction of the county elections official
			 that disclosure of the elector's residence address would constitute a danger to
			 the personal safety of the elector, or of a family member residing with the
			 elector. Such evidence may include copies of the following documents:
(A) An affidavit, medical records, police
			 reports or court records showing that the elector, or a family member residing
			 with the elector, has been a victim of domestic violence;
(B) A citation or an order issued under ORS
			 133.055 for the protection of
			 the elector, or a family member residing with the elector;
(C) An affidavit or police report showing
			 that a law enforcement officer has been contacted concerning domestic violence,
			 other physical abuse, or threatening or harassing letters or telephone calls
			 directed at the elector, or a family member residing with the
			 elector;
(D) A temporary
			 restraining order or other no-contact order to protect the elector, or a family
			 member residing with the elector, from future physical abuse;
(E) Court records showing that criminal or
			 civil legal proceedings have been filed regarding physical protection for the
			 elector, or a family member residing with the elector;
(F) A citation or a court's stalking
			 protective order pursuant to ORS
			 163.735 or
			 163.738, obtained for the
			 protection of the elector, or a family member residing with the
			 elector;
(G) An affidavit or police
			 report showing that the elector, or a family member residing with the elector,
			 has been a victim of a person convicted of the crime of stalking or of
			 violating a court's stalking protective order;
(H) A conditional release agreement issued
			 under ORS 135.250-135.260 providing protection for
			 the elector, or a family member residing with the elector;
(I) A protective order issued pursuant to ORS
			 135.873 or
			 135.970 protecting the identity
			 or place of residence of the elector, or a family member residing with the
			 elector;
(J) An affidavit from a
			 district attorney, or deputy district attorney, stating that the elector, or a
			 family member residing with the elector, is scheduled to testify or has
			 testified as a witness at a criminal trial, grand jury hearing or preliminary
			 hearing, and that such testimony places the personal safety of the witness in
			 danger;
(K) A court order stating
			 that the elector, or a family member residing with the elector, is or has been
			 a party, juror, judge, attorney or involved in some other capacity in a trial,
			 grand jury proceeding or other court proceeding, and that such involvement
			 places the personal safety of that elector in danger; or
(L) Such other documentary evidence that
			 establishes to the satisfaction of the county elections official that
			 disclosure of the elector's residence address would constitute a danger to the
			 personal safety of the elector, or a family member residing with the
			 elector.