ORS Chapter 247

OREGON STATUTES AND CODES

Chapter 247 — Qualificationand Registration of Electors

2009 EDITION

QUALIFICATIONAND REGISTRATION OF ELECTORS

ELECTIONS

GENERALPROVISIONS

247.002 Definitions

247.005 Policy

247.007 Whenballot considered legally cast; when vote counted; prohibition on voting morethan once in same election

REGISTRATION

247.009 Qualificationto vote in political subdivision

247.012 Methodof registering or updating a registration; when registration occurs; minimumregistration information required; effect of missing registration information;registration locations

247.013 Whereperson considered registered; change of residence address between counties;registration updates; when registration considered active or inactive

247.014 Transferof voter registration information by Department of Transportation

247.015 Otherregistration procedures

247.016 Registrationof person who is 17 years of age

247.017 Voterregistration at certain Department of Transportation offices; rules

247.019 Electronicvoter registration; rules

247.025 Registrationdeadline; required address

247.035 Rulesto consider in determining residence of person for voting purposes

247.038 Registrationof person who is homeless or resides in identifiable location

247.125 Alterationof registration card prohibited; exceptions

247.171 Stateand federal voter registration cards; Secretary of State approval of voterregistration application forms of voter registration agencies; content of voterregistration cards

247.174 Determiningif person qualified to register or update registration; hearing

247.176 Requestfor delivery of registration card; rules

247.178 Distributionof registration cards

247.181 Memorandumcard

247.191 Correctionof registration and memorandum cards when precinct boundaries changed

247.195 Inquiryinto validity of registration; hearing; cancellation

247.203 Change,termination or adoption of party affiliation before primary election

247.208 Voterregistration agencies; designation; prohibited activities; required services

UPDATINGREGISTRATION

247.290 Registrationupdate requirement; procedure; exceptions

247.292 Updateof registration of elector changing residence; procedure

247.295 Verificationof addresses of electors; change of address service

247.296 Verificationof addresses of electors; update of registration; notice; cancellationprohibited during certain periods

247.298 Extensionof time for automatic updates under ORS 247.292

247.302 Effectivedate of registration automatically updated by county clerk

247.303 Deadlinefor updating registration

247.307 Issuanceof ballot when registration updated after registration deadline

ELIGIBILITYIN PRESIDENTIAL ELECTIONS

247.410 Eligibilityto vote for President or Vice President, or electors, only

247.420 Specialballot for voting under ORS 247.410

247.435 Eligibilityof elector who moves to another state to vote in presidential elections

REMOVALOF NAMES FROM REGISTER OF ELECTORS

247.555 Cancellationof registration

247.563 Noticeto elector whose registration appears invalid; contents; effect of notice;exceptions

247.570 Noticeof deaths to Secretary of State and county clerk; effect of notice

247.580 Countyclerk to retain notices or elector listings for two years

LISTSOF ELECTORS

247.940 Listof active electors; delivery without charge to political parties

247.945 Listof county or statewide electors; delivery to any person; charges

247.955 Useof lists of electors for commercial purposes prohibited; exceptions

DISCLOSUREOF RESIDENCE ADDRESS OR SIGNATURE OF ELECTORS

247.965 Whenresidence address of elector exempt from disclosure as public record; requestfor exemption

247.967 Conditionswhere disclosure of elector’s residence address required; procedure; exception

247.969 Definitionof “personal safety” for purposes of ORS 247.965; rules

247.973 Statusof signature on voter registration card as public record; copies of signatureprohibited; voter registration documents or information exempt from disclosure

GENERALPROVISIONS

247.002Definitions.As used in this chapter:

(1)“County clerk” means the county clerk or the county official in charge ofelections.

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

(3)“Registration card” means a state voter registration card approved by theSecretary of State under ORS 247.171, a federal voter registration applicationform prescribed by the Federal Election Commission pursuant to the NationalVoter Registration Act of 1993 (P.L. 103-31) or the voter registration portionof an application described in ORS 247.017. [1979 c.190 §39; 1993 c.713 §1]

247.005Policy.It is the policy of this state that all election laws and procedures shall beestablished and construed to assist the elector in the exercise of the right offranchise. [1969 c.337 §3; 1979 c.190 §40]

247.007When ballot considered legally cast; when vote counted; prohibition on votingmore than once in same election. (1) A ballot shall be consideredlegally cast if the person casting the ballot is an elector at the time theballot is cast.

(2)A vote for a particular candidate or on a measure shall be counted if theelector is qualified to vote for the particular candidate or on the measure.

(3)If an elector has voted in any election, the elector may not register or updatea registration and vote in any election held on the same date. [1989 c.175 §2;1993 c.713 §2]

247.008 [1979 c.559 §2;1983 c.567 §4; repealed by 1987 c.719 §17 and 1987 c.733 §13]

REGISTRATION

247.009Qualification to vote in political subdivision. Unlessspecifically provided otherwise, a person may vote in an election of apolitical subdivision of this state only if the person is an elector registeredin the political subdivision. [1983 c.83 §2]

247.010 [Repealed by1957 c.608 §231]

247.011 [1957 c.608 §28;1959 c.277 §1; 1975 c.678 §4; repealed by 1977 c.168 §6]

247.012Method of registering or updating a registration; when registration occurs;minimum registration information required; effect of missing registrationinformation; registration locations. (1) A qualified person may register tovote or update a registration to vote by:

(a)Delivering by mail or otherwise a completed registration card to any countyclerk, the Secretary of State, any office of the Department of Transportationor any designated voter registration agency as described in ORS 247.208;

(b)Personally delivering the card to an official designated by a county clerkunder subsection (7) of this section;

(c)Completing the voter registration portion of the application for issuance orrenewal of a driver license, issuance of a state identification card under ORS807.400 or a change of address at an office of the Department of Transportationunder ORS 247.017; or

(d)Completing a registration card using the electronic voter registration systemdescribed in ORS 247.019.

(2)If a registration card is mailed or delivered to:

(a)Any person other than a county clerk or the Secretary of State, the personshall forward the card to a county clerk or the Secretary of State not laterthan the fifth day after receiving the card; or

(b)The Secretary of State or a county clerk for a county other than the county inwhich the person applying for registration resides, the Secretary of State orcounty clerk shall forward the card to the county clerk for the county in whichthe person resides not later than the fifth day after receiving the card.

(3)Registration of a qualified person occurs:

(a)When a legible, accurate and complete registration card is received in theoffice of any county clerk, the Office of the Secretary of State, an office ofthe Department of Transportation, a designated voter registration agency underORS 247.208 or at a location designated by a county clerk under subsection (7)of this section;

(b)On the date a registration card is postmarked if the card is received after the21st day immediately preceding an election but is postmarked not later than the21st day immediately preceding the election and is addressed to an office ofany county clerk, the Office of the Secretary of State, an office of theDepartment of Transportation or any designated voter registration agency asdescribed in ORS 247.208; or

(c)In the case of a registration card missing a date of birth, containing anincomplete date of birth or containing an unintentional scrivener’s error thatis supplied or corrected as described in subsection (4) or (6) of this section,on the date that registration would have occurred if the registration card hadnot been missing the date of birth, contained an incomplete date of birth orcontained the scrivener’s error.

(4)Except as provided in ORS 247.125, if a registration card is legible, accurateand contains, at a minimum, the registrant’s name, residence address, date ofbirth and signature, the county clerk shall register the person. If thisinformation is missing from the registration card or the date of birth isincomplete, the county clerk shall attempt to contact the person to obtain themissing or incomplete information. The county clerk may supply the registrant’sdate of birth from any previous registration of the registrant.

(5)If a registration card meets the requirements of subsection (4) of this sectionbut is missing an indication of political party affiliation, the registrantshall be considered not affiliated with any political party. This subsectiondoes not apply if an elector is updating a registration within the same county.

(6)If a registration card contains an unintentional scrivener’s error, the countyclerk may attempt to contact the person to correct the error.

(7)A county clerk may appoint officials to accept registration of persons atdesignated locations. The appointments and locations shall be in writing andfiled in the office of the county clerk. The county clerk shall be responsiblefor the performance of duties by those appointed.

(8)A registration card received and accepted under this section shall beconsidered an active registration.

(9)A registration may be updated at any time. [1979 c.190 §41; 1985 c.808 §1a;1989 c.20 §1; 1989 c.173 §5; 1989 c.979 §2; 1993 c.713 §6; 1995 c.742 §1; 1999c.410 §6; 1999 c.824 §1; 2008 c.53 §1; 2009 c.511 §1; 2009 c.914 §3]

Note: The amendmentsto 247.012 by section 3, chapter 914, Oregon Laws 2009, become operative March1, 2010. See section 4, chapter 914, Oregon Laws 2009. The text that isoperative until March 1, 2010, including amendments by section 1, chapter 53,Oregon Laws 2008, and section 1, chapter 511, Oregon Laws 2009, is set forthfor the user’s convenience.

247.012. (1) A qualifiedperson may register to vote or update a registration to vote by:

(b)Personally delivering the card to an official designated by a county clerkunder subsection (7) of this section; or

(2)If a registration card is mailed or delivered to:

(3)Registration of a qualified person occurs:

(6)If a registration card contains an unintentional scrivener’s error, the countyclerk may attempt to contact the person to correct the error.

(8)A registration card received and accepted under this section shall beconsidered an active registration.

(9)A registration may be updated at any time.

247.013Where person considered registered; change of residence address betweencounties; registration updates; when registration considered active orinactive.(1) A qualified person shall be considered registered to vote in a county whenthe person’s first registration in the county occurs as described in ORS247.012.

(2)An elector who changes residence address from the county in which the electoris registered to a different county within the state, in order to vote in anelection, must be an elector registered in the county in which the newresidence address of the elector is located.

(3)If there is a change in any information required for registration under thischapter, and the elector has not changed residence address to another county,the registration of the elector may be updated as provided in this chapter.

(4)Notwithstanding subsections (2) and (3) of this section, if an elector changesresidence address from the county in which the elector is registered to adifferent county within the state, the elector need not register again if theregistration of the elector is updated.

(5)If the county clerk does not have evidence of a change in any informationrequired for registration under this chapter for an elector, the registrationof the elector shall be considered active.

(6)The registration of an elector shall be considered inactive if: