Election Law Summary - Oregon

1 Election Law Summary Published by Elections Division 503 986 1518. 255 Capitol St NE Suite 501 fax 503 373 7414. Salem OR 97310-0722 tty 1 800 735 2900. Secretary of State Elections Division Rev. 12/2020. ORS ; County Elections Security Plan 18. ORS and ; Numbering of Measures 18. Contents ORS ; Nonpartisan Candidates Ballot Order and Use of Term Incumbent 18. Using This Manual 4 ORS ; Ballot Requirements 18. Icons 4 ORS ; Order of Candidate Names on the Ballot 19. Assistance 4 ORS ; Assistance in Marking Ballot; Allowances and Limitations 19. Generalized Election Laws 5 ORS ; Elections to be Conducted by Mail; Rules ; Time Within Which Election Documents Must 19. be Received 5 ORS ; Extension of Deadline for Returning Ballots ORS (2019); Disclosures Required on political in Case of Emergency 20. Material 5 ORS and ORS ; Compartments for ORS ; False Publication Relating to Candidate or Marking Ballots and Voting Booths for Primary and Measure 5 General 20.

2 ORS ; Bets and Wagers on Election Results 6 ORS ; Authorized Observers at an Election 20. ORS ; Undue Influence 6. ORS (1); False Statements in Material Required Post- Election Procedures 20. by Election Law 9 Initiative, Referendum and Recall Petitions 21. ORS , ORS ; Removal of Signatures on Candidates and political Parties 9 Initiative, Referendum or Recall Petitions 21. ORS , ; political Party Representation ORS ; Registration and Training for Paid Petition and Enforcement of political Party Rules 10 Circulators and Requirements (for state initiative, ORS (3); Removal of Signature from Candidate referendum and recall petitions only) 22. Petition 10 ORS ; Accounts of Chief Petitioners; Review and ORS ; Candidacy for More than One Office 10 Inspection; Retention; Disclosure as Public Record; Rules Public Employee's Eligibility to Run for Public Office 10 22. ORS ; Unsuccessful Candidate Not Eligible as ORS ; Investigations of Violations of Prohibition Candidate 11 on Payment Based on Number of Signatures Obtained ORS , ; Nomination and Election to on Petition 22.

3 Nonpartisan Office 11 ORS ; Prohibitions on Circulating and Filing ORS ; Use of Term Incumbent 13 Petitions 23. ORS ; Alteration of Information on Petition ORS ; Prohibitions on Payment for Signing Signature Sheet; Exceptions 14 Petition or Sale of Signature Sheets 23. ORS ; Payment Based on Signatures Obtained on OAR 165-014-0260; Interpretation, Ban on Pay by Nominating Petition or Voter Registration Card 14 Signature 24. Withdrawal from Candidacy or Nomination 14 ORS ; Liability of Chief Petitioners 25. Write-In Candidate Procedures 14 ORS ; Liability of Contractor Obtaining Signatures President and Vice President Election Process 15 on Petition for Violations Committed by Subcontractor;. Exceptions 25. Campaign Finance Reporting 16. ORS , Alteration of Information on Petition ORS ; Contributions Received During a Signature Sheet; Exceptions 25. Legislative Session 16. ORS ; Use of Threats and Intimidation for ORS ; County or City Campaign Finance Purpose of Extorting Money 26.

4 Provisions 16. ORS (1); False Swearing on Circulator's ORS ; Removal from General Election Ballot for Certificate 26. Failure to File Statement; Notice to Candidate 16. ORS ; Withholding Certificate of Election or ORS ; Public Employees - restrictions on Certificate of Nomination for Failure to File Statement 16 political campaigning 26. ORS ; Contributions in False Name 16 ORS (1); Solicitation of Public Employees 26. ORS ; Personal Use of Excess Campaign Funds 17 ORS (2); Activities of Public Employees during ORS ; Expenditures for Professional Services Working Hours 27. Rendered by Candidate 17. ORS ; Acceptance of Employment Where Recall of Public Officer Procedures 28. Compensation to be Contributed 17 Recounts and Contests of Election 28. Conduct of Elections 17 ORS to , ORS ; Recounts of Votes, Authority of Secretary of State over Recounts 29. ORS ; Date and Purpose of Primary and General ORS ; Automatic Recounts 30. Elections 17. ORS to ; Contests of Election 30.

5 Vacancies in Office or Nomination Procedures 31 ORS ; Prohibited Distribution of Ballots 42. Vacancies in Office or Nomination Procedures 31 ORS (1); Sample Ballot restrictions 42. ORS (2); restrictions on Electioneering at State Voter Registration Efforts 34 or Local Government Buildings Designated for Ballot ORS ; Use of Signature Stamp by Person with Deposit 42. Disability 34 ORS (3); Obstructing an Entrance to a Location ORS , and ; Voter Registration where Ballots are Issued or Deposited Prohibited 44. Requirements 34 ORS (4); Voting When Not Entitled Prohibited 44. ORS (2)(a); Delivery of Voter Registration Card ORS (5); False Statement about Person's Ability within Five Days 34 to Mark Ballot Prohibited 44. ORS ; Other Voter Registration Procedures 34 ORS (6); Examining Other's Voted Ballot ORS ; Registration of Person who is 17 Years of Prohibited in Certain Circumstances 44. Age 35 ORS (7); Disclosing How a Voter Voted by ORS ; Voter Registration at Certain Department Elections Official Prohibited 44.

6 Of Transportation Offices; Rules 35 ORS (8); Permitting Identification of who Voted a ORS ; Electronic Voter Registration 35 Ballot Prohibited 44. ORS ; Registration Deadline 35 ORS (9); Leaving Indication of How Voted ORS ; Rules to Consider in Determining Prohibited 44. Residence of Person for Voting Purposes 35 ORS (10); Removing Ballot Prohibited 44. ORS ; Registration of Person who is Homeless or ORS (11); Removing or Changing Posted Resides in Identifiable Location 36 Elections Notice Prohibited 45. In Oregon , is a person who has been convicted of a ORS (12); Removing or Changing Election felony eligible to register to vote and vote? 36 Equipment or Supplies Prohibited 45. ORS ; Alteration of Registration Card Prohibited ORS (13); Provision of Elections Advice and 36 Collection of Ballots Prohibited in Certain Circumstances ORS ; Secretary of State Prescribes Voter 45. Registration Cards 36 ORS (14); Sign Required for Unofficial Ballot ORS (5), (7); Prohibition on False Information by Deposit Site 45.

7 Registrant 36 ORS ; Delivery of Ballots 45. ORS ; Determining if Person Qualified to Register ORS (1); Voting or Signing Another Person's or Update Registration; Hearing 37 Ballot Prohibited 45. ORS ; Request for Delivery of Registration Card; ORS (2); Requesting a Ballot in Another's Name Rules 37 Prohibited 46. ORS ; Distribution of Voter Registration Cards 37 ORS (3); Voting More than Once at an Election ORS ; Inquiry into Validity of Registration; Prohibited 46. Hearing; Cancellation 37 ORS (4); Voting More than Once at Same ORS ; Change, Termination or Adoption of Party Election , in this State and in Another State Prohibited 46. Affiliation before Primary Election 38 ORS (5) - (8); Various Ballot restrictions 46. ORS (3); Prohibited Actions for Voter ORS (9); Prohibition on Sale or Purchase of Registration Agency Employee 38 Ballots or Ballot Envelopes 46. ORS ; List of Registered Voters Availability 39. ORS ; Use of List of Voters Not Allowed for Election Law Complaints 46.

8 Commercial Purposes 39 Issues Not Addressed by State Elections Law 47. ORS ; Public Record Exemption for Other Information Sources 50. Residence Address 39 Contact Information for Other Information Sources 51. ORS ; Copies of Signatures on Voter Registration Cards Prohibited 39. ORS ; Undue Influence Related to Voter Registration Efforts Prohibited 39. Help America Vote Act (HAVA) 39. Voters' Pamphlet 40. ORS , Exemption from Public Records Law 41. ORS , Distribution of State Voters' Pamphlet 41. ORS (1); False Statements in Material Required by Election Law 41. Voting and Ballot Prohibitions 41. ORS ; Illegal Acts Relating to Voting Systems 42. Election Law Summary 4. Using This Manual This document provides readers with a list of some of the Election laws that apply to campaigning in Oregon . The information should be viewed as a reference or starting point rather than a comprehensive list of all activities that could fall under the Election laws. This information is to be used in addition to that provided in the Campaign Finance Manual and other manuals specific to candidate and petition processes available at We extend the services of our office to individually review and advise agencies, candidates, committees and individuals on allowable actions in advance of undertaking activities that may cause concern about the application of Election law.

9 Icons The following icons are used in this manual to emphasize information: alert icon info icon indicates alert; warning; attention needed indicates additional information example icon search icon indicates a detailed example of a concept, indicates information located elsewhere process or form Assistance If you have any questions about the material covered in this manual or need further assistance, please contact: Elections Division tty 1 800 735 2900. 255 Capitol St NE Suite 501. for the hearing impaired Salem OR 97310. 503 986 1518 1 866 673 VOTE/673 8683. fax 503 373 7414 se habla espa ol More information is available online at Election Law Summary 5. Generalized Election Laws The following are some Election laws that may apply to anyone involved in the political process. For complete filing and reporting regulations, a candidate, political committee or other filer needs to review any applicable elections manual available at ). ; Time Within Which Election Documents Must be Received Except for voter registration cards (which in some circumstances are accepted based on the postmark, as discussed on page 29 of this document) and electronically filed campaign finance reports (which may be filed no later than 11:59:00 of the day the transaction is due), an Election document and any necessary fee must be delivered to the appropriate elections filing officer no later than 5 pm on the deadline day.

10 If the deadline day is a weekend day or holiday, the filing deadline is extended to the next business day. In each case, the Election document must be actually received in the filing office. An exception is made when an individual is physically in line in the office waiting to deliver the document. Election documents, except for ballots, voter registration cards or petitions requiring signatures, may be faxed. All elections offices are required to be open on a filing deadline date until 5:00 pm. ORS (2019); Disclosures Required on political Material In the 2019 Legislative Session, a new law was passed requiring a statement of persons who paid for communications in support of or in opposition to a clearly identified candidate. This was codified at ORS. , which became operative on December 3, 2020. The disclosure must include the name of the persons that paid for the communication, and include contributor and donor information in certain circumstances. This statute does not apply to communications related to measures.