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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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SECRETARY OF STATE, ELECTIONS DIVISION

 

DIVISION 5

VOTER REGISTRATION

Registration of Naturalized U.S. Citizen

165-005-0050

Registration Procedures for Newly Naturalized Citizens

(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.

(3) A person who will become a United States citizen after the 21st calendar day preceding an election, and who wishes to register to vote in that election, shall appear personally in the office of any County Elections Official, before the 20th day before the election, to request a voter registration form. The person shall explain that the person become a naturalized United States citizen after the voter registration deadline but prior to the next election.

(4) The office of the County Elections Official shall permit the person to complete and submit a voter registration form. The County Elections Official shall include a notation that the individual will be a citizen, after the voter registration deadline but prior to the next election.

(5) The office of the County Elections Official shall explain to the person that unless the person appears before the county clerk and provides evidence of citizenship by 8pm on the day of the election, the person's pending registration will be canceled. If the evidence of citizenship is presented before 8pm on election day, the person shall be issued a ballot for that election.

(6) If the person fails to provide timely evidence of citizenship, the office of the County Elections Official shall cancel the person's pending registration.

Stat. Auth.: ORS 246.150
Stats. Implemented: ORS 247.015
Hist.: ELECT 23-1990, f. & cert. ef. 7-13-90; ELECT 25-1994, f. & cert. ef. 10-27-94; ELECT 1-2001, f. & cert. ef. 2-1-01; ELECT 8-2003, f. & cert. ef. 9-3-03; ELECT 6-2009, f. & cert. ef. 5-4-09

Agency Registration

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;

(b) Commission for the Blind;

(c) Children, Adults and Families Division;

(d) Addictions and Mental Health Division;

(e) Office of Family Health Services WIC;

(f) Seniors and People with Disabilities Division;

(g) Office of Vocational Rehab Services;

(h) Oregon Department of Transportation;

(i) Oregon University System;

(2) "Agency Site" means any voter registration location named by a voter registration agency designated in section (2) 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. A volunteer agency, the following agency is exempt from the requirements of ORS 247.208(2) and (4): Oregon University System.

(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.

Stat. Auth.: ORS 246.150 & 247.208
Stats. Implemented: ORS 247.208
Hist.: ELECT 10-1991(Temp), f. & cert. ef. 9-27-91; ELECT 18-1992, f. & cert. ef. 7-1-92; ELECT 25-1994, f. & cert. ef. 10-27-94; ELECT 20-2000, f. & cert. ef. 12-8-00; ELECT 8-2003, f. & cert. ef. 9-3-03; ELECT 11-2011, f. & cert. ef. 7-12-11

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).

Stat. Auth.: ORS 246.150, ORS 247.208
Stats. Implemented: ORS 247.208
Hist.: ELECT 10-1991(Temp), f. & cert. ef. 9-27-91; ELECT 18-1992, f. & cert. ef. 7-1-92; ELECT 25-1994, f. & cert. ef. 10-27-94; ELECT 21-2000, f. & cert. ef. 12-8-00; ELECT 8-2003, f. & cert. ef. 9-3-03

165-005-0065

Compiling and Reporting Registrations

(1) The Secretary of State shall print and provide to Voter Registration Agencies a 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).

(4) New, updated or duplicate registrations shall be recorded in the following categories:

(a) By mail all cards received from individuals that arrive by United States Postal Service;

(b) By other means all cards received from individuals arriving in person or another method, other than by United States Postal Service;

(c) From the Department of Transportation (DMV) — all cards received from DMV offices regardless of how the cards arrive;

(d) From a #3 — agency all cards received from a #3 agency regardless of how the cards arrive. #3 agencies include Addictions and Mental Health Division, Children, Adults & Families Division; and the Office of Family Health Services — WIC;

(e) From a #4 — agency all cards received from a #4 agency regardless of how the cards arrive. #4 agencies include the Commission for the Blind; Seniors & People with Disabilities; and the Office of Vocational Rehab Services;

(f) From Armed Forces Recruitment offices — all cards received from Armed Forces offices regardless of how the cards arrive;

(g) From all other designated voter registration agencies — all cards received from the Oregon University System, Secretary of State or other County Elections Office regardless of how the cards arrive; and

(h) Received on a Federal Voting Assistance Program (FVAP) registration application regardless of how the cards arrive.

Stat. Auth.: ORS 246.150, 247.012 & 247.208
Stats. Implemented: ORS 247.208
Hist.: ELECT 10-1991(Temp), f. & cert. ef. 9-27-91; ELECT 18-1992, f. & cert. ef. 7-1-92; ELECT 25-1994, f. & cert. ef. 10-27-94; ELECT 22-2000, f. & cert. ef. 12-8-00; ELECT 11-2011, f. & cert. ef. 7-12-11

165-005-0070

Agency Registration Procedures

(1) Personnel at agency sites shall stamp or write on the reverse side of the voter registration card, below the postage area, the date the card is received by voter registration agency personnel.

(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 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.

Stat. Auth.: ORS 246.150, ORS 247.208
Stats. Implemented: ORS 247.208
Hist.: ELECT 4-1992(Temp), f. & cert. ef. 2-26-92; ELECT 18-1992, f. & cert. ef. 7-1-92; ELECT 25-1994, f. & cert. ef. 10-27-94; ELECT 15-2001, f. & cert. ef. 6-15-01; ELECT 8-2003, f. & cert. ef. 9-3-03

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.]

Stat. Auth.: ORS 246.150, ORS 247.176
Stats. Implemented: ORS 247.176
Hist.: ELECT 1-1990, f. & cert. ef. 1-16-90; ELECT 5-1992, f. & cert. ef. 2-26-92; Renumbered from 165-002-0015; ELECT 25-1994, f. & cert. ef. 10-27-94; ELECT 9-2001, f. & cert. ef. 3-15-01; ELECT 8-2003, f. & cert. ef. 9-3-03

165-005-0130

Residence Address Disclosure Exemption

(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.

(6) The county elections official receiving a request under this rule will promptly review the request and notify the elector, in writing, whether the evidence submitted is sufficient to demonstrate to the satisfaction of the county elections official that the personal safety of the elector, or a family member residing with the elector, would be in danger if the residence address remains available for public inspection. The county elections official may request that the elector submit additional information concerning the request.

(7) If a county elections official grants the request to exempt the residence address of an elector from disclosure as a public record, the county elections official must include a statement in its notice to the elector that: the exemption will remain effective until the elector requests termination of the exemption or the elector is required to update the elector's voter registration.

(8) If the elector is required to update the elector's voter registration, the elector may apply for another exemption from disclosure. At the time of updating if no SEL 550 Application To Exempt Residence Address From Disclosure As A Public Record accompanies the voter registration card or is incomplete, the county elections official must send notice, by certified mail return receipt requested, to the elector that states:

(a) Currently the elector's address is non-disclosed; and

(b) If an updated SEL 550 Application To Exempt Residence Address From Disclosure As A Public Record is not received within 10 business days of receipt of the notice, the elector's residence address will not be exempt from disclosure as a public record.

(9) An elector who has requested that a county elections official not disclose his or her residence address may revoke the request by notifying, in writing, the county elections official to which the request was made that disclosure no longer constitutes a danger to personal safety. The notification must be signed by the person who submitted the original request for nondisclosure of the residence address.

(10) Form SEL 550 may be used by a public safety officer, as defined by ORS 181.610, to request that the person's home address, home telephone number and electronic mail address be exempted from disclosure pursuant to 192.501. A public safety officer making such a request is not required to provide information described in paragraph (5)(c).

(11) Form SEL 550 shall be used by a participant or parent or guardian of a participant in the Address Confidentiality Program to request that the elector’s residence address be exempted from disclosure pursuant to ORS 192.842. The form shall be completed by the participant and include:

(a) The name of the elector requesting exemption;

(b) The substitute address provided by the Address Confidentiality Program; and

(c) A copy of the Address Confidentiality Program Authorization Card.

(12) A request under section (11) of this rule is not required to be signed and a copy of the Address Confidentiality Program Authorization Card is the only evidentiary documentation required.

(13) If a participant or parent or guardian of a participant in the Address Confidentiality Program is required to update the elector’s voter registration due to a change in residence address, only an updated voter registration card is required to be completed.

(14) If a participant or parent or guardian of a participant in the Address Confidentiality Program is required to update the elector’s voter registration due to a name change section (8) of this rule applies. If an updated SEL 550 is received in response to the notice in section (8) of this rule it must be accompanied by a copy of the Address Confidentiality Program Authorization Card.

(15) Pursuant to ORS 192.842 the county elections official may not disclose the elector’s residence address, and the county elections official shall use the substitute address of the program participant for purposes of mailing a ballot to an elector under 254.470.

Stat. Auth.: ORS 246.150 & 247.969
Stats. Implemented: ORS 247.965 & 192.501
Hist.: ELECT 3-1994, f. & cert. ef. 2-4-94; ELECT 13-2001, f. & cert. ef. 6-15-01; ELECT 8-2003, f. & cert. ef. 9-3-03; ELECT 4-2006, f. & cert. ef. 4-18-06; ELECT 18-2006, f. 12-29-06, cert. ef. 1-1-07; ELECT 9-2007 f. & cert. ef. 12-31-07; ELECT 21-2009, f. & cert. ef. 12-31-09

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.

Stat. Auth.: ORS 246.120, ORS 246.150 & HB 3135, 1997
Stats. Implemented: HB 3135, 1997
Hist.: ELECT 10-1997, f. & cert. ef. 10-27-97; ELECT 2-2001, f. 2-7-01, cert. ef. 2-8-01

165-005-0160

Electronic Voter Registration System

(1) The Secretary of State provides an online electronic voter registration system for use by an individual who has a valid:

(a) Oregon driver license, as defined in ORS 801.245;

(b) Oregon driver permit, as defined in ORS 801.250; or

(c) State identification card, issued under ORS 807.400; and an

(d) Electronic signature image on file with the Oregon Department of Motor Vehicles

(2) The electronic voter registration system shall allow an individual to complete and submit a registration card electronically. 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.

(3) The registrant’s electronic signature image will be provided to the appropriate election official by the Oregon Department of Motor Vehicles and matched with the electronically delivered registration card.

(4) The electronic voter registration system should not be used for name changes. A paper registration card as provided in ORS 247.012 may be required to obtain the new signature image.

(5) The electronic voter registration system shall create an electronic time and date record at the time of submission which shall be deemed the time submitted for voter registration purposes if the registration is accepted by the county elections official.

(a) All times and dates referenced shall be considered in the Pacific Time Zone.

(b) Registration updates submitted electronically after 8PM Pacific Time on Election Day shall be treated as if they were received on the following day.

(6) County elections officials shall receive the electronically delivered registration card matched with the electronic signature image provided by the Oregon Department of Motor Vehicles with the electronic time and date record.

(a) The county elections official will review the submission and either accept the registration, reject the application, or contact the registrant for additional information.

(b) Once the county elections official has made a determination they will notify the registrant of their voter registration status.

(7) If the signature obtained from the Oregon Department of Motor Vehicles is illegible or otherwise unusable for elections use, the county elections official shall contact the registrant to obtain a usable signature. An elector is not eligible to vote a ballot until complete registration information, including a usable signature or an attestation is accepted by the county elections official.

Stat. Auth.: ORS 246.150 & 247.019
Stats. Implemented: ORS 247.019
Hist.: ELECT 1-2010, f. & cert. ef. 2-26-10

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