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SECRETARY OF STATE, ELECTIONS DIVISION
SECRETARY OF STATE, ELECTIONS DIVISION
DIVISION 18
ELECTION BOARDS AND PERSONS WITH
PHYSICAL DISABILITIES
165-018-0005
Designating the Election Board Manual for Election Boards
(1) ORS 246.120 requires the Secretary of State to prepare and distribute to each county clerk detailed and comprehensive written directives and instructions on elections procedures.
(2) ORS 246.150 requires the Secretary of State to adopt rules to facilitate correctness, impartiality and efficiency in administering election laws.
(3) The Secretary of State designates the 1998 Election Board Manual, pages 1 through 12, as the procedures and guidelines for conducting elections at the polling place.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 246.120, ORS 246.150, ORS 246.335, ORS 246.420, ORS 253.030, ORS 254.056 & ORS 254.435
Stats. Implemented: ORS 246.120, ORS 246.150, ORS 246.335, ORS 246.420, ORS 253.030, ORS 254.056 & ORS 254.435
Hist.: SD 120, f. & ef. 12-21-77; SD 32-1980, f. & ef. 3-6-80; SD 11-1984, f. & ef. 6-20-84; ELECT 29-1990, f. & cert. ef. 7-13-90; ELECT 15-1992(Temp), f. & cert. ef. 6-16-92; ELECT 36-1992, f. & cert. ef. 12-15-92; ELECT 32-1993, f. & cert. ef. 9-20-93; ELECT 2-1998, f. & cert. ef. 2-5-98
165-018-0010
Persons with Physical Disabilities Voting Immediately Outside of Polling Place
(1) ORS 246.420 requires the county clerk to designate one polling place per precinct no later than the 10th day before any election. When designating polling places, the county clerk shall take into account the desirability of a polling place to have adequate parking and lighting facilities and be accessible to individuals with physical disabilities.
(2) Each Election Board shall keep any architectural barrier free entrance to a polling place unlocked during the hours the polls are open. If there is any problem in this regard, the chairman shall immediately contact the county clerk who shall resolve the problem.
(3) If it becomes necessary for a person with physical disabilities to be issued an official ballot outside the polling place, the following procedures shall be followed:
(a) The Election Board shall check the poll book to be sure the name of the person with physical disabilities is in the poll book; or, as with other electors, if a certificate of registration is presented, the name of the elector with physical disabilities need not be in the poll book;
(b) The name and address of the elector with physical disabilities shall be written on an absentee ballot envelope;
(c) The notation "P.D." shall be placed on the outside of the absentee ballot envelope to identify it as having been used for a voter with physical disabilities outside the polling place;
(d) One clerk shall take a ballot or ballots to the person with physical disabilities outside the polling place. After properly identifying the person with physical disabilities, in the same manner as if the person were about to sign the poll book or certificate of registration, the clerk will have the person with physical disabilities sign for the ballot on the outside of the absentee ballot envelope. If a certificate of registration is used, it must be signed also;
(e) Any assistance given the voter in either signing or voting shall be noted on the envelope and initialed by the clerk;
(f) After voting, the elector shall seal the ballot or ballots in the envelope containing the elector's signature. The clerk will return the envelope to the poll;
(g) The notation "P.D." and the initials of the Election Board clerk who carried the ballot to the voter, shall be made in the remarks column of the poll book, or on the certificate of registration;
(h) Deposit the envelope in the ballot box;
(i) After the polls have closed and the ballots are being processed, the absentee envelope will be opened. The "P.D." ballot or ballots will be placed with the other voted ballots and the envelope will be kept with the poll book.
(4) A person with physical disabilities voting outside the polling place is subject to challenge the same as any other elector. A challenge may be made up to the time the voted ballot is placed in the absentee ballot envelope and the envelope sealed.
(5) The county clerk shall determine the method by which a voter with physical disabilities will mark a ballot outside the polling place, depending upon the type of voting system used, equipment availability, etc.
(6) All provisions relating to ballot issuing, voter assistance, voter challenge procedure, etc., shall apply to a person with physical disabilities voting outside the polling place as to any other voter as nearly as practicable, except that only one clerk need offer voter assistance.
Stat. Auth.: ORS 253.030(3) & ORS 254.435(1)
Stats. Implemented: ORS 254.435 & ORS 254.445
Hist.: SD 118(Temp), f. & ef. 10-6-77; SD 119, f. & ef. 11-1-77; ELECT 33B-1990, f. & cert. ef. 8-16-90
165-018-0015
Person with Physical Disabilities/Elderly Accessibility to Polling Places
This rule establishes the minimum guidelines to be used in determining whether facilities used as polling places for primary and general elections, defined in ORS 254.056, and special congressional elections, held under ORS 188.120, are accessible to voters with physical disabilities or elderly voters pursuant to the Federal "Voting Accessibility for the Elderly and Handicapped Act," Public Law 98-435. The minimum federal accessibility (based on 1986 ANSI standards) guidelines are as follows:
(1) Parking:
(a) Unobstructed access (curbless or ramped) from street parking or off-street parking area to building entrance;
(b) Parking area on a firm, level surface (asphalt or concrete);
(c) Spaces which are at least eight feet wide with a five feet aisle or, if two spaces are at least eight feet wide, an adjacent aisle of at least five feet may be shared by both parking spaces. Effective September 1, 1990, ORS 447.233 requires public buildings to provide spaces which are at least nine feet wide with an adjacent aisle of at least six feet or, if two spaces are at least nine feet wide, an adjacent aisle of at least six feet may be shared by both parking spaces;
(d) Spaces which are marked, either permanently or temporarily, with signs in accordance with standards adopted by the Oregon Transportation Commission.
(2) Walkways:
(a) On firm, level surfaces (asphalt or concrete);
(b) At least three feet wide;
(c) Gradual slope which is free of steps (one inch in height for each 20 inches in length).
(3) Ramps:
(a) At least three feet wide;
(b) Ten feet in length for every one foot in height;
(c) Handrails on both sides of ramp if ramp is higher than nine inches;
(d) Available at walkway, entrance and within the building if polling place is not at entrance level.
(4) Entrance/Doorway:
(a) Entrance accessible from handicapped parking area;
(b) Ability of voter to enter building, reach voting area, vote, and leave building without climbing one or more stairs;
(c) Walks, corridors and aisles shall have 80 inches minimum head room;
(d) Entrance should be free of obstacles for at least five feet as you approach from either direction;
(e) Doorways should provide at least 32 inches clear width when open;
(f) If there are changes of level in the accessible route, the following requirements must be met:
(A) 0 inch to 1/4 inch -- No edge treatment required;
(B) 1/4 inch to 1/2 inch -- Edge shall be beveled;
(C) 1/2 inch or greater -- Must comply with ramp provisions.
(g) Door which is open or unlocked and easily open during the 13 hours set for voting. Unassisted access door pressure 8.5 pounds or less with looped or levered door hardware.
(5) Floors free of thick mats, carpets or other covering which makes movement difficult.
(6) Elevators:
(a) Interiors which are at least five feet square;
(b) Top controls not more than 48 inches from floor;
(c) Tactile markings on control panel next to buttons;
(d) Available if polling place is not at entrance level.
(7) Miscellaneous:
(a) Permanent or temporary symbols on building indicating polling place is accessible to electors with physical disabilities or elderly electors. Such symbols shall be located at accessible entrances to building. In a case where accessible entrance is not main entrance to building, directions to accessible entrance shall be posted at main entrance;
(b) Each county election office and the Secretary of State shall have available a telecommunication device in the elections office for communication with the hearing impaired;
(c) Tables and voting devices to be used by elderly or electors with physical disabilities shall have 29 inches of clearance from floor, with top of table or device not more than 34 inches from floor;
(d) Voting instructions shall be posted at each voting station at each polling place. Such instructions shall be printed in 24-point bold type;
(e) A number of sample ballots printed for an election shall be printed in 24-point bold type for use, upon request, by the visually impaired. At least one such sample ballot must be posted at each polling place;
(f) In lieu of large type instructions and sample ballots required under subsections (7)(d) and (e) of this rule, the county election officer may provide reading aids for use by the visually impaired. At least one such device shall be available at each polling place and in the office of the county election officer;
(g) Public notice of availability of voting aids available to electors with physical disabilities and elderly electors shall be published in the statewide primary and general election voters' pamphlets. The notice shall include information regarding availability of instructions, in large-type, to contact county election officers for detailed information concerning the nature of barriers present at polling places designated as inaccessible.
Stat. Auth.: ORS 188.120, ORS 246.420, ORS 253.030, ORS 254.056 & ORS 254.435
Stats. Implemented: ORS 246.420
Hist.: SD 49-1985, f. & ef. 12-30-85; SD 16-1986, f. & ef. 4-24-86; ELECT 33B-1990, f. & cert. ef. 8-16-90; ELECT 2-1992, f. & cert. ef. 1-15-92
165-018-0020
Exemption Procedures
(1) If the polling place being used and all alternative polling places have been surveyed and it has been determined they cannot be made temporarily accessible, the election officer shall request of the Secretary of State, in writing, the polling place be exempt from the guidelines set forth in this rule. A separate request shall be submitted for each polling place unable to meet the guidelines set forth herein.
(2) The written request shall:
(a) Identify the polling place for which the exemption is requested;
(b) Identify the guideline(s) the polling place cannot meet;
(c) Describe the efforts made to correct the defect;
(d) Describe the efforts made in locating a suitable alternative site;
(e) State alternative voting methods have been made available to elderly electors and electors with physical disabilities of the precinct and, upon advance request by such voter, specify which of the following methods is available:
(A) Curbside voting (ORS 254.435(1));
(B) Special absentee ballot (ORS 253.030(3)); or
(C) Assignment to alternative polling place.
(f) Include an attached copy of the completed survey form; and
(g) Include the signature of the election officer making the request.
(3) The county election officer shall notify the Secretary of State, within five days, of a change in the location of a primary or general election polling place for a precinct. Such notification shall be made by filing with the secretary a completed survey for the new polling place, stating the name and location of the polling place no longer being used. If a change in the location of a polling place is due to an emergency, the notification to the secretary shall so state and describe the nature of the emergency:
(a) Applications for exemption must be made not later than February 15 for the primary election, August 15 for the general election or 60 days prior to a special congressional election;
(b) If a change in the location of a polling place is due to an emergency, the notification to the secretary shall so state and describe the nature of the emergency. The county election officer shall notify the secretary within two days after the change and no later than the day of the election of the change and include a completed accessibility survey.
(4) The Secretary of State shall confirm, with each county election officer, the locations of each precinct polling place and its status of accessibility to persons with physical disabilities on or before November 1st of each even numbered year. The county election officer shall review the information, correct any errors or changes, and return to the secretary no later than December 1st of each even numbered year.
Stat. Auth.: ORS 253.030(3) & ORS 254.435(1)
Stats. Implemented: ORS 246.420
Hist.: SD 49-1985, f. & ef. 12-30-85; ELECT 33B-1990, f. & cert. ef. 8-16-90
165-018-0030
Election Board Workers Unregistered to Vote
(1) The purpose of this rule is to establish standards under which county clerks may employ persons to serve as election board clerks who are not electors of the county, as provided for in ORS 246.310.
(2) All persons appointed to serve as an election board clerk under this rule must meet the requirements of ORS 246.310(4) with the exception of being an elector of the county.
(3) Persons appointed shall be at least 16 years of age and a resident of the county.
(4) No more than one non-elector may be appointed to an election board.
(5) A non-elector appointed to an election board may serve in any capacity except as chairperson.
(6) A non-elector between the ages of 16 and 18 years of age must have a valid work permit from the Oregon State Wage and Hour Division. Employers must comply with the requirements of the Oregon Bureau of Labor.
Stat. Auth.: ORS 246.310
Stats. Implemented: ORS 246.310
Hist.: ELECT 11-1991(Temp), f. & cert. ef. 9-27-91; ELECT 3-1992, f. & cert. ef. 1-29-92
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