(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
Hist.: SD 17-1984, f. & ef. 9-14-84; ELECT 17-2003, f. & cert. ef. 12-5-03
Schedule and Fees for Providing Copies of Public Records
(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.
(3) Completion of copy orders is contingent upon the number of pending requests and staff availability. Orders will be processed in the order in which they are received.
(4) Facsimile (fax) copy orders shall be processed as follows:
(a) The cost of records transmitted by facsimile (fax) will be $5.00 for the first page and $1.00 for each additional page;
(b) Facsimile (fax) orders are limited to a 20 page maximum, not including the cover page;
(c) Facsimile (fax) orders are limited to in-state customers unless prepayment is received.
(5) Certified copies of public records shall be provided at a cost of $5.00 for each certification plus $0.25 for each page copied. Certified copies means photocopies which are certified to be true and accurate copies of the original documents.
(6) Copies of public records may also be provided on a 3.5-inch computer disk or compact disk (CD) if the document(s) are stored in the computer system. Disks will be provided at a cost of $5.00 per disk and may contain as much information as it will hold.
(7) Labor charges for research projects shall be as follows:
(a) No charge for the first 15 minutes of staff time;
(b) Beginning with the 16th minute, the charge per total request shall be $25.00 per hour or $6.25 per quarter-hour. No proration will be done for less than a quarter-hour;
(c) "Research", for purposes of this rule, is defined as the compilation of information:
(A) Which is not readily and immediately available from a single source or a group of related sources;
(B) Which requires a search to locate the requested information; or
(C) Where the request is not specific and a staff determination must be made as to the nature of the information which would fulfill the request.
(8) Billing will be done on the following basis:
(a) Payment must be made not later than 30 days after the billing date. If payment is not received and a second notice is required, an additional $5.00 may be charged;
(b) Billing will not be provided to any customer who has a past due balance from a previous order. Additional orders will be processed only upon receipt of the balance owed and prepayment of the cost of the new order.
(9) For orders, including research projects, which have an estimated total cost exceeding $50.00, a deposit of one-half of the estimated total cost of the order will be required prior to processing.
(10) The following will be provided free of charge:
(a) Copies of any manual produced and adopted by the Secretary of State, Elections Division, limited to one copy of each requested manual per customer;
(b) Lists of federal and statewide elected officials, the legislative assembly, judges, and district attorneys;
(c) Voter registration statistics;
(d) Press releases;
(e) 8.5" X 11" maps;
(f) Any document distributed by electronic mail (email); and
(g) The first 25 pages of any photocopy order placed by a state agency.
Stat. Auth.: ORS 192.440 & 246.150
Stats. Implemented: ORS 192.440
Hist.: ELECT 21-1989, f. & cert. ef. 10-31-89; ELECT 10-1994, f. & cert. ef. 5-31-94; ELECT 10-1998, f. & cert. ef. 11-3-98; ELECT 17-2003, f. & cert. ef. 12-5-03; ELECT 9-2006, f. & cert. ef. 5-15-06; ELECT 20-2009, f. & cert. ef. 12-31-09
Schedule and Fees for Providing Statewide and Less Than Statewide Voter List
(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.
(2) For any special formatting requests, an hourly fee of $35.00 per hour will be assessed. The minimum fee assessed under this paragraph will be $35.00 and the maximum $100.00. Special formatting requests do not include providing the electronic copy of a statewide or less than statewide voter list in an alternate electronic format such as an Excel or Access file, rather than a tab delimited text file.
(3) In accordance with ORS 247.945(4) the charge for a statewide voter list is $500.00. No special formatting requests will be permitted for a statewide voter list.
(4) A request for a hardcopy of a less than statewide voter list, labels, or other non-electronic formats must be made with the county elections official of each county in which voters to be listed reside.
(5) In accordance with ORS 192.440(3)(a) a county may establish fees reasonably calculated to reimburse the county for the actual cost of making the list available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the person’s request.
(6) Any fee calculated under paragraph 1 of this rule may be rounded up to the nearest nickel.
(7) All requests for a statewide or less than statewide voter list will be accompanied by a completed SEL 510, Customer Request Form for Statewide or Less Than Statewide Voter List.
(8) The voter list must not be used for commercial purposes. Under ORS 247.955 a person will not be considered to use the voter list for commercial purposes if the person obtains the list of electors for the purpose of resale to candidates or political committees for political purposes only.
Stat. Auth.: ORS 192.440, 246.150
Stats. Implemented: ORS 192.440
Hist.: ELECT 12-2006, f. & cert. ef. 8-23-06; f. & cert. ef. 12-31-07; ELECT 20-2009, f. & cert. ef. 12-31-09
Secretary of State as Filing Officer
(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), firstname.lastname@example.org.
(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
Hist.: ELECT 11-1994, f. & cert. ef. 6-3-94; ELECT 17-2003, f. & cert. ef. 12-5-03