reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0034 - Notarized Testimony in lieu of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a party wishes to contest the
			 allegations in the charging document, but does not wish to request an in person
			 or telephone hearing, the party may submit notarized testimony in lieu of a
			 hearing.
(2) The notarized
			 testimony must be filed with the Agency not later than the deadline to request
			 a hearing stated in the charging document.
(3) The notarized testimony must:
(a) Include an admission or denial of each
			 factual matter alleged in the charging document and a statement of each
			 relevant defense to the allegations, including any relevant mitigating
			 circumstance. A general denial is not sufficient. Notarized testimony not
			 including the information required by this rule may be disregarded and a notice
			 of default may be issued in accordance with OAR 165-001-0025  as if no notarized
			 testimony had been filed.
(b)
			 Include a signed and completed Hearing Request Form.
(c) Be notarized by a commissioned Notary
			 Public.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0035 - Conducting Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The contested case hearing shall be
			 conducted by and under the control of the administrative law judge of the
			 Office of Administrative Hearings that is assigned to the case.
(2) If the administrative law judge or any
			 decision maker has an actual or potential conflict of interest as defined in
			 ORS 244.020(1) or
			 (7), that officer shall comply with the
			 requirements of ORS Chapter 244 (e.g. ORS
			 244.120 and
			 244.130).
(3) The hearing shall be conducted, subject
			 to the discretion of the administrative law judge, so as to include the
			 following:
(a) The statement and evidence of
			 the agency in support of its action;
(b) The statement and evidence of the person
			 against whom the penalty may be assessed;
(c) Any rebuttal evidence;
(d) Any closing arguments.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0036 - Employee Representation at Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Agency's goal in contested case
			 hearings is to have a full and accurate record upon which the Agency can make
			 the best decision. To help ensure a full record, the Agency allows employees to
			 represent the Agency in certain contested case hearings. The employee
			 representative's role is to represent the Agency in a way that supports
			 objective fact finding and encourages an open, fair, and efficient
			 process.
(2) An Agency employee may
			 represent the Agency in contested case hearings involving violations of ORS
			 260.035,
			 260.039,
			 260.041,
			 260.042,
			 260.044,
			 260.054,
			 260.055,
			 260.057,
			 260.076,
			 260.078,
			 260.083,
			 260.112,
			 260.118,
			 260.275,
			 260.281 and
			 260.285.
(3) The representative's responsibilities
			 include, but are not limited to:
(a)
			 Presenting evidence;
(b) Asking
			 questions of all witnesses;
(c)
			 Presenting information about the facts, and advocating for staff's position
			 surrounding the facts;
(d)
			 Presenting information on how the facts apply to the statutes or rules directly
			 related to the issues in the contested case;
(e) Presenting information comparing Agency
			 actions in similar situations;
(f)
			 Presenting information about the literal meaning of the statutes or rules that
			 apply to the issues in the contested case; and
(g) Presenting information about the
			 admissibility of evidence or the correctness of procedures being
			 followed.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0040 - Evidentiary Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Evidence of
			 a type commonly relied upon by reasonably prudent persons in the conduct of
			 their serious affairs shall be admissible.
(2) Irrelevant, immaterial or unduly
			 repetitious evidence shall be excluded.
(3) All offered evidence, not objected to,
			 will be received by the administrative law judge subject to the administrative
			 law judge's power to exclude irrelevant, immaterial or unduly repetitious
			 matter.
(4) Evidence objected to
			 may be received by the administrative law judge. If the administrative law
			 judge does not rule on its admissibility at the hearing, the administrative law
			 judge shall do so either on the record before a proposed order is issued or in
			 the proposed order.
(5) The
			 administrative law judge shall accept an offer of proof made for excluded
			 evidence. The offer of proof shall contain sufficient detail to allow the
			 agency or court to determine whether the evidence was properly excluded. The
			 administrative law judge shall have discretion to decide whether the offer of
			 proof is to be oral or written and at what stage in the proceeding it will be
			 made. The administrative law judge may place reasonable limits on the offer of
			 proof, including the time to be devoted to an oral offer or the number of pages
			 in a written offer.
(6) Pursuant to
			 OAR 165-001-0016, evidence may not be taken at the contested case hearing on
			 any factual or legal issue not raised in the charging document or the
			 answer.
Stat. Auth.: ORS
				  246.150,
				  260.232 &
				  260.995
Stats. Implemented: ORS
				  183.450,
				  183.470,
				  260.232 &
				  260.995
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0045 - Ex Parte Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 ex parte communication is:
(a) An oral or
			 written communication;
(b) By a
			 party, a party's representative or legal advisor, any other person who has a
			 direct or indirect interest in the outcome of the proceeding, any other person
			 with personal knowledge of the facts relevant to the proceeding, or any offer,
			 employee or agent of the agency;
(c) That relates to a legal or factual issue
			 in the contested case proceeding;
(d) Made directly or indirectly to the
			 administrative law judge;
(e) While
			 the contested case proceeding is pending;
(f) That is made without notice and
			 opportunity for the agency and all parties to participate in the
			 communication.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0050 - Proposed Orders in Contested Cases, Filing of Exceptions, Argument, and Adoption of Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 administrative law judge shall prepare a proposed order and serve the proposed
			 order on the agency and each party. The proposed order shall be served not
			 later than 30 calendar days after the hearing is adjourned or closed under OAR
			 165-001-0034(5)(d). The proposed order shall also include information about
			 when and where written exceptions to the proposed order must be filed to be
			 considered by the agency.
(2) The
			 exceptions must be received by the Elections Division not later than 30
			 calendar days after the service date of the proposed order. The date of service
			 is the day the proposed order is mailed, not the date the party receives the
			 proposed order.
(3) If the
			 administrative law judge's proposed order recommended a decision favorable to a
			 party and the agency intends to reject that recommendation and issue an order
			 adverse to that party, the agency shall issue an amended proposed order. When
			 the agency serves an amended proposed order on the party, the agency shall, at
			 the same time notify the party when and where written exceptions for the
			 amended order must be filed to be considered by the agency.
(4) Written exceptions filed under (2) or (3)
			 may be scanned and attached to an email and sent to
			 elec-hearings.sos@oregon.gov, transmitted by fax (503-373-7414), mailed or
			 hand-delivered to 255 Capitol St NE, Ste 501, Salem OR 97310.
(5) The agency decision maker, after
			 considering any of the written exceptions may adopt the proposed order, amended
			 proposed order or prepare a new order.
Statutory/Other Authority: ORS 183.090, 183.470, 246.150,
				  260.232 & 260.995
Statutes/Other Implemented: ORS 183.470, 260.232 &
				  260.995
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0055 - Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Final orders
			 on contested cases shall be in writing and shall include the following:
(a) The case caption.
(b) The name of the administrative law
			 judge(s), the appearance of the parties and identity of witnesses.
(c) A statement of the issues.
(d) References to specific statutes or rules
			 at issue.
(e) Rulings on
			 admissibility of offered evidence when the rulings are not set forth in the
			 record.
(f) Findings as to each
			 issue of fact and as to each ultimate fact required to support the order, along
			 with a statement of the underlying facts supporting each finding.
(g) Conclusion(s) of law based on the
			 findings of fact and applicable law.
(h) An explanation of the reasoning that
			 leads from the findings of fact to the legal conclusion(s)
(i) An order stating the action taken by the
			 agency as a result of the facts found and the legal conclusions arising
			 therefrom.
(j) A citation of the
			 statutes under which the order may be appealed.
(k) The date of service of the order on the
			 party shall be specified in writing and be part of or attached to the order on
			 file with the agency.
(l) The final
			 order shall be served on each party and, if the party is represented, on the
			 party's attorney.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0080 - Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 administrative law judge will hold a hearing by telephone unless the party
			 requesting the hearing specifically requests a personal appearance hearing. If
			 the party requests a personal appearance hearing, the hearing shall be held in
			 Salem at the Office of Administrative Hearings. Nothing in this rule precludes
			 the agency from allowing some parties or witnesses to attend by telephone while
			 others attend in person.
(2) The
			 administrative law judge shall make an audio or stenographic record of any
			 telephone hearing.
(3) Not less
			 than 5 business days prior to the commencement of a hearing, each party,
			 including the agency, must deliver copies of the exhibits it intends to offer
			 into evidence at the hearing. The exhibits must be delivered to the
			 administrative law judge, all parties and the agency. For purposes of this
			 rule, delivery may be accomplished by any of the following means, or by other
			 means of a similar nature: hand delivery, deposit into first class or certified
			 mail, facsimile, email or professional delivery service.
(4) Nothing in this rule precludes any party
			 or the agency from seeking to introduce documentary evidence in addition to
			 evidence described in subsection (4) during the hearing. The administrative law
			 judge shall receive such evidence, subject to the applicable rules of evidence,
			 if inclusion of the evidence in the record is necessary to conduct a full and
			 fair hearing. If any evidence introduced during the hearing has not previously
			 been provided to the agency and to the other parties, the hearing may be
			 continued upon the request of any party or the agency for sufficient time to
			 allow the party or the agency to obtain and review the evidence.
(5) The agency will give primary
			 consideration to accommodate the needs of persons that are disabled so that
			 they are not disadvantaged due to their disability.
(6) As used in this rule, "telephone" means
			 any two-way or multi-party electronic communication device, including video
			 conferencing.
Stat. Auth.: ORS 260
Stats. Implemented: ORS
				  260.232 &
				  260.995
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 1 - PROCEDURAL RULES › Section 165-001-0095 - Complaint Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 complaint filed pursuant to ORS
			 260.205 or ORS
			 260.345 must be signed by an elector of the State of Oregon.
(2) A complaint filed pursuant to ORS
			 260.345 which is filed with an elections filing officer other than the State Elections
			 Division shall be delivered by the filing officer to the State Elections
			 Division within one business day.
(3) The complaint may be delivered by
			 electronic mail to elections.sos@state.or.us, by facsimile to 503-373-7414 or
			 by mail or personal delivery to 255 Capitol Street NE, Suite 501, Salem, OR
			 97310.
Statutory/Other Authority:
260.345 & ORS
				  246.150
Statutes/Other Implemented:
260.345, ORS
				  246.232,
				  260.205  & 260.995
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 2 - GENERAL BUSINESS › Section 165-002-0005 - Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 provides for the refund of fees paid in excess of the amount legally due to the
			 Elections Division.
(2) The
			 Elections Division shall not refund fees paid in excess of the amount legally
			 due to the Division if the amount is $10 or less, unless a refund is requested
			 in writing by the applicant or the applicant's legal representative within
			 three years after the date of the overpayment.
Stat. Auth.: ORS 293
Stats. Implemented: ORS
				  293.445
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 2 - GENERAL BUSINESS › Section 165-002-0010 - Schedule and Fees for Providing Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may
			 request photocopies, facsimile (fax) copies, electronically distributed (email)
			 copies, certifications and computer disks of public records which are on file
			 in the Office of the Secretary of State, Elections Division in person, in
			 writing, by telephone, by facsimile (fax) or by electronic submission (email).
			 For purposes of this rule a page is considered to be a single sheet of paper
			 with information on either one side or both sides.
(2) Charges for photocopy orders will be the
			 lesser of:
(a) $0.25 per page; or
(b) For orders requiring 4 or more hours of
			 staff time to process, $0.03 per page, plus labor charges calculated as
			 provided in paragraph 7(b);
(c) If
			 the completed photocopy order is mailed, the minimum charge will be $1.00
			 prepaid. If the order is to be billed, the minimum charge will be
			 $5.00;
(d) There is no minimum
			 charge for credit card transactions.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 2 - GENERAL BUSINESS › Section 165-002-0020 - Schedule and Fees for Providing Statewide and Less Than Statewide Voter List

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 may obtain an electronic copy of a statewide or less than statewide voter list
			 from the Office of the Secretary of State, Elections Division, or any county
			 elections official. The following fees for providing a list electronically will
			 apply:
(a) $25.00 fee for staff and
			 processing time, and media used
(b)
			 $.025 per 100 voters
(c) The
			 maximum charge excluding the fee assessed under paragraph 2 of this rule will
			 be $500.00.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 2 - GENERAL BUSINESS › Section 165-002-0025 - Secretary of State as Filing Officer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS Chapters 246 through 260 name the
			 Secretary of State as the filing officer for certain candidate filings,
			 initiative, referendum and recall filings, campaign finance reports and other
			 elections documents.
(2) For
			 purposes of ORS Chapters 246 through 260, when the Secretary of State is
			 designated as the filing officer, "Secretary of State" is defined as the
			 Elections Division, Suite 501, 255 Capitol St NE, Salem, OR 97310; telephone
			 number (503) 986-1518; facsimile (fax) number (503) 373-7414; and for documents
			 required or allowed to be filed electronically (email),
			 elecfile.sos@state.or.us.
(3) For
			 any document for which the Secretary of State is the filing officer, such
			 document will not be considered filed until it is physically received in its
			 entirety at the location described in section (2) of this rule.
Stat. Auth.: ORS
				  246.150
Stats. Implemented: ORS
				  246.021
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 4 - CITY INCORPORATION › Section 165-004-0005 - Forms to Petition for Incorporation of a City

Current through Register Vol. 63, No. 7, July 1, 2024
The Secretary of State hereby adopts by reference and
				designates the following forms for filing a petition for incorporation of
				unincorporated territory as a city:
(1) SEL 701, Prospective Petition for
			 Incorporation, which designates not more than three chief
			 petitioners;
(2) SEL 702, Petition
			 for Incorporation of a City Signature Sheet;
(3) SEL 702a, Petition for Incorporation of a
			 City Signature Sheet, to be used when the territory proposed to be incorporated
			 is within the jurisdiction of a local government boundary commission.
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  221.031 &
				  246.150
Stats. Implemented: ORS
				  221.031,
				  221.040
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 4 - CITY INCORPORATION › Section 165-004-0020 - Forms to Petition for Creation of a City Through Consolidation

Current through Register Vol. 63, No. 7, July 1, 2024
The Secretary of State hereby adopts by reference and
				designates the following forms for filing a petition to create a city by
				consolidation of adjoining or nonadjoining cities or unincorporated
				territory:
(1) SEL 705, Prospective
			 Petition to Create a City by Consolidation, which designates not more than
			 three chief petitioners;
(2) SEL
			 706, Petition for Creation of a City Through Consolidation signature
			 sheet.
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  222.230,
				  246.120 &
				  246.150
Stats. Implemented: ORS
				  222.210,
				  222.220,
				  222.225 &
				  222.230
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 5 - VOTER REGISTRATION › Section 165-005-0050 - Registration Procedures for Newly Naturalized Citizens

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of these rules are to
			 establish procedures for registering to vote an otherwise qualified person who
			 will become a naturalized United States citizen after the registration cutoff
			 but prior to the next election.
(2)
			 For purposes of this rule, these terms mean:
(a) "Qualified Person" -- A resident of the
			 State of Oregon who is a United States citizen by 8pm on the day of the
			 election; 17 years of age or older; has resided in this state for 20 days
			 immediately preceding the election at which the person will vote; is registered
			 more than 20 calendar days prior to the election.
(b) "Naturalized United States Citizen" -- A
			 citizen of another country who has met the Bureau of Citizenship and
			 Immigration Services requirements to obtain U.S. citizenship and, through a
			 legal procedure, becomes a citizen of the United States.
(c) "Evidence of Citizenship" -- A
			 Certificate of Naturalization, which is an identity document proving U.S.
			 citizenship, issued by the Bureau of Citizenship and Immigration Services,
			 after the person takes the Oath of Allegiance to the United States.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 5 - VOTER REGISTRATION › Section 165-005-0055 - Designating NVRA Voter Registration Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(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); and
(n) Oregon
			 Department of Veterans' Affairs (ODVA).
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 5 - VOTER REGISTRATION › Section 165-005-0060 - Collection of Registration Cards

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Stat. Auth.: ORS
				  246.150, ORS
				  247.208
Stats. Implemented: ORS
				  247.208
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 5 - VOTER REGISTRATION › Section 165-005-0065 - Compiling and Reporting Registrations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Secretary of State shall provide to
			 Voter Registration Agencies a print or electronic form to use to report the
			 number of voter registration cards sent to the County Elections
			 Official.
(2) At least monthly, on
			 the form or in the manner provided by the Secretary of State, each agency site
			 shall report to the Secretary of State the number of voter registration cards
			 sent to the county elections office since the last report.
(3) County Elections Officials shall record
			 the following voter registration information in the Oregon Centralized Voter
			 Registration System (OCVR) allowing the Secretary of State to compile the
			 information and report to the Election Assistance Commission:
(a) The number of voters registered "active"
			 and the number of voters registered "inactive" at the close of the previous
			 general election;
(b) The number of
			 registrations cancelled between the two most recent federal general
			 elections;
(c) The number of
			 confirmation notices mailed out between the two most recent federal general
			 elections and the number of responses to these notices received during that
			 same period;
(d) The number of
			 valid registrations for people not previously registered to vote in Oregon or
			 who is currently cancelled (New);
(e) The number of registration applications
			 that update an existing registration including the residential address from one
			 county to another (Update); and
(f)
			 The number of registration applications submitted by persons already registered
			 to vote at the same address, under the same name, with the same personal
			 information and the same political party (Duplicate).
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 5 - VOTER REGISTRATION › Section 165-005-0070 - Agency Registration Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 5 - VOTER REGISTRATION › Section 165-005-0080 - Request for Delivery and Distribution of Voter Registration Cards

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 5 - VOTER REGISTRATION › Section 165-005-0135 - Election Worker Residence Address Disclosure Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of this rule is to define when elections officials shall exempt the residence
			 address of an election worker or a member of the election worker's household
			 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)
			 The Elections Division shall maintain an electronic process by which an
			 election worker may request that a county elections official not disclose their
			 residence address because they are an election worker as described in section
			 (5) of this rule.
(a) County elections
			 officials shall verify whether an elector who makes requests through the portal
			 is an election worker and may re-verify periodically. County elections
			 officials may at any time remove an elector's residence address exemption who
			 no longer meets the criteria outlined in section (5) of this rule.
(b) County elections officials shall
			 periodically update voter registration records to indicate which electors are
			 verified election workers whose residence addresses are exempt from disclosure
			 and to provide the verified election workers' substitute mailing
			 addresses.
(c) Elections officials
			 may not disclose the residence address of an election worker designated as
			 exempt from disclosure under this subsection (3) except in compliance with a
			 court order, a request by a law enforcement agency, or with the consent of the
			 election worker. County elections officials shall use the substitute address of
			 such election workers for purposes of mailing a ballot to an elector under ORS
			 254.470.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 5 - VOTER REGISTRATION › Section 165-005-0135 - Election Worker Residence Address Disclosure Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to define
			 when elections officials shall exempt the residence address of an election
			 worker 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)
			 The Elections Division shall maintain an electronic process by which an
			 election worker may request that a county elections official not disclose their
			 residence address because they are an election worker as described in section
			 (5) of this rule.
(a) The Elections Division
			 shall verify whether an elector who makes requests through the portal is an
			 election worker, and may re-verify periodically. The Elections Division may at
			 any time remove an elector's residence address exemption who no longer meets
			 the criteria outlined in section (5) of this rule.
(b) The Elections Division shall periodically
			 update voter registration records to indicate which electors are verified
			 election workers whose residence addresses are exempt from disclosure and to
			 provide the verified election workers' substitute mailing addresses.
(c) County elections officials may not
			 disclose the residence address of an election worker designated by the
			 Elections Division under this subsection (3) except in compliance with a court
			 order, a request by a law enforcement agency, or with the consent of the
			 election worker. County elections officials shall use the substitute address of
			 such election workers for purposes of mailing a ballot to an elector under ORS
			 254.470.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 5 - VOTER REGISTRATION › Section 165-005-0150 - Use of Signature Stamp by Disabled Elector

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  246.120, ORS
				  246.150 & HB 3135,
				  1997
Stats. Implemented: HB 3135,
				  1997
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 5 - VOTER REGISTRATION › Section 165-005-0160 - Electronic Voter Registration System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule adopts the electronic voter
			 registration system a qualified individual can use to complete and submit a
			 registration card electronically.
(2) Access to the electronic voter
			 registration system is provided online at
www.oregonvotes.gov
and during eligible
			 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) a US Citizen
			 that is a resident of Oregon and at least 16 years old;
(b) who has a valid Oregon driver license,
			 driver permit or state identification card; and
(c) an electronic signature image on file
			 with DMV.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 5 - VOTER REGISTRATION › Section 165-005-0170 - Designating the Oregon Motor Voter Registration Manual

Current through Register Vol. 63, No. 7, July 1, 2024
The Secretary of State designates the
Oregon Motor
				Voter Registration Manual
as the procedures to be used for voter
				registration and voter updates of qualified individuals from certain DMV
				interactions.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  246.150 & ORS
				  247.017
Statutes/Other Implemented: ORS
				  247.012, ORS
				  247.002, ORS
				  247.016, ORS
				  247.171, ORS
				  247.292, ORS
				  247.302, ORS
				  247.208, ORS
				  247.125, OAR
				  165-007-0030  & OAR
				  165-005-0055
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 7 - CONDUCT OF ELECTIONS › Section 165-007-0030 - Designating the Vote By Mail Procedures Manual.

Current through Register Vol. 63, No. 7, July 1, 2024
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.
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)
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 7 - CONDUCT OF ELECTIONS › Section 165-007-0035 - Designating Ballot Request Forms

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  246.150,
				  254.465,
				  254.470, Help America Vote Act
				  P.L.
				  107-252
Stats. Implemented: ORS 247, 253.03 &
				  254
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 7 - CONDUCT OF ELECTIONS › Section 165-007-0045 - Counting Ballots Received by Mail

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to establish
			 the procedures elections officials must comply with when counting ballots sent
			 by mail.
(2) For purposes of this
			 rule, these terms are defined as follows:
(a)
			 "USPS" is the United States Postal Service.
(b) "Postmark" or "postal indicator" is any
			 official mark, imprint, or stamp that verifies when a ballot was accepted by
			 the United States Postal Service. A postmark or postal indicator on a ballot
			 return envelope is the official date of mailing when determining whether to
			 count the ballot. A "postmark" or "postal indicator" includes a hand
			 cancellation by an agent of the USPS.
(c) "Valid ballot" is a ballot that is
			 eligible to be counted under the laws of this state, pending verification of
			 its timely receipt by elections officials.
(d) "Election Day Deadline" is 8 p.m. on the
			 day of a statewide general, primary, or special election, including all special
			 district elections. Electors who have begun the act of voting at 8 p.m. at an
			 official ballot drop site on election day have met the Election Day Deadline
			 and shall be allowed to complete their vote. ORS
			 254.470(10),
			 together with all related rules, defines whether an elector has begun the act
			 of voting.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 7 - CONDUCT OF ELECTIONS › Section 165-007-0130 - Method of Calculating Total Eligible Voters for Property Tax Measure Elections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of this rule is to assist county elections officials in calculating the
			 total number of eligible voters for purposes of applying Article XI, section
			 11(8) of the Oregon Constitution. As provided in Article XI, section 11k, the
			 turnout requirements do not apply to elections held in May or November of any
			 year. For purposes of applying Article XI, section 11(8) of the Oregon
			 Constitution and this rule, active registered voters are eligible voters, and
			 inactive registered voters are not eligible voters.
(2) To calculate the total number of eligible
			 voters within the district holding the election, county elections officials
			 must:
(a) Determine the number of active
			 registered voters as of the voter registration deadline in ORS
			 247.025.
			 This is the base group of "registered voters eligible to vote."
(b) Add to the base group of "registered
			 voters eligible to vote" any voter who is ineligible due to a change in
			 residence address, or any inactive voter, who updates their voter registration
			 as provided in ORS
			 247.307.
(c) Add to the base group of "registered
			 voters eligible to vote" any voter determined to have been placed on the
			 inactive list in error.
(d)
			 Subtract from the base group of "registered voters eligible to vote," all
			 voters who are determined during the particular election to be ineligible to
			 vote, based on information received during the conduct of the election. These
			 subtractions shall be made in the following manner:
(A) Subtract all voters who were mailed a
			 ballot, which is returned as undeliverable, if the information on the returned
			 envelope shows that the voter's residence address has changed, or that the
			 voter is deceased.
(B) Subtract all
			 voters for whom written information is received, other than a returned ballot,
			 showing to the satisfaction of the county elections official that the voter is
			 ineligible to vote.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 7 - CONDUCT OF ELECTIONS › Section 165-007-0280 - Spanish Language Ballots

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 7 - CONDUCT OF ELECTIONS › Section 165-007-0290 - Hand Count of Ballots

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule is adopted to implement hand counts of ballots counted by the vote tally
			 system in the county at every primary, general, or special election as required
			 by ORS 254.529.
(2) At every election (whether primary,
			 general, or special), a county elections official shall determine whether to
			 conduct:
(a) A hand count, as described in ORS
			 254.529, which shall only be
			 required in an election where a state contest may be held regarding candidates
			 or measures; or
(b) A risk limiting
			 audit in the manner described in ORS
			 254.532.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 7 - CONDUCT OF ELECTIONS › Section 165-007-0300 - Facsimile Vote Secret Ballot Waiver Form

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 7 - CONDUCT OF ELECTIONS › Section 165-007-0310 - County Elections Security Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(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.