ORS Chapter 253
Chapter 253 — AbsentElectors
2009 EDITION
ABSENTELECTORS
ELECTIONS
GENERALPROVISIONS
253.005 Definitions
253.015 Becomingabsent elector
253.030 Applicationfor ballot; primary election; rules; continuing validity of application
253.045 Preparationand disposition of ballots
253.055 Formand content of ballot
253.065 Deliveryof ballot; replacement ballots
253.070 Markingand returning ballot; procedure when ballot returned to wrong county clerk
253.080 Dutiesof clerk on receipt of ballot; manner of counting ballots
253.135 Specialabsent elector procedures
LONGTERM ABSENT ELECTORS
253.500 Constructionof long term absent elector law
253.510 Definitionsfor ORS 253.500 to 253.640
253.515 Longterm absent elector procedures to conform to absentee ballot procedures
253.530 Votingby spouse and dependents of long term absent elector
253.540 Applicationfor ballot by long term absent elector
253.545 Countyclerk duties upon receipt of application; application as registration
253.550 Applicationsmade under federal statutes
253.565 Applicationfor special ballot by long term absent elector
253.575 Countyclerk duties upon receipt of application for special ballot; application asvalid voter registration; replacement ballots
253.585 Receiptof long term absent elector ballots by Secretary of State
253.640 Stateofficers to coordinate voting by long term absent electors with federalauthorities
253.645 Electorscalled to active military duty
253.690 Castingballot using facsimile machine; waiver; rules
253.700 Dutyto challenge absentee ballot; procedures
253.710 Alterationof application prohibited; exceptions
GENERALPROVISIONS
253.005Definitions.As used in this chapter:
(1)“Clerk” means the county clerk.
(2)“County clerk” means the county clerk or the county official in charge ofelections.
(3)“Elector” means an individual qualified to vote under section 2, Article II,Oregon Constitution.
(4)“Absent elector” means a person to whom the county clerk has issued a ballot priorto the date that ballots are mailed to electors as provided in ORS 254.470(2)(a) or (b). [1979 c.190 §201; 1979 c.317 §10a; 1999 c.410 §27; 2007 c.154 §14]
253.007 [1999 c.410 §32;repealed by 2007 c.154 §67]
253.010 [Amended by1957 c.641 §1; 1959 c.458 §1; 1969 c.676 §1; 1975 c.675 §28; 1977 c.352 §5;1979 c.317 §10; repealed by 1979 c.190 §431]
253.015Becoming absent elector. An elector may become an absent elector when theelector has reason to believe that the elector will be unable for any reason tovote at the election. [1979 c.190 §202]
253.020 [Amended by1957 c.641 §2; repealed by 1979 c.190 §431]
253.030Application for ballot; primary election; rules; continuing validity ofapplication.(1) Before an election any elector may apply to the clerk for the absenteeballot of the election.
(2)An application for an absentee ballot must be received by the clerk not laterthan 8 p.m. the day of the election.
(3)If an applicant not affiliated with any political party desires to vote in anymajor political party primary election, the applicant may request and shall besent a ballot for a major political party if that political party has providedunder ORS 254.365 for a primary election that admits electors not affiliatedwith any political party.
(4)Application for an absentee ballot may be made in any manner designated by theSecretary of State by rule, including in writing, by electronic mail or byusing a facsimile machine. As used in this subsection, “facsimile machine”means a machine that electronically transmits or receives facsimiles ofdocuments through connection with a telephone network.
(5)If an elector desires, the elector’s application shall be valid for everysubsequent election until the elector otherwise notifies the clerk or is nolonger an elector of the county. [Amended by 1957 c.641 §3; 1959 c.458 §2; 1969c.676 §2; 1975 c.675 §29; 1977 c.179 §3; 1979 c.190 §203; 1985 c.471 §8; 1987c.719 §6; 1989 c.503 §36; 1991 c.107 §4; 1991 c.168 §1; 1993 c.493 §24; 1995c.607 §78; 1995 c.712 §48; 1999 c.999 §42; 2007 c.155 §9; 2007 c.881 §9]
253.035 [1969 c.676 §5;1977 c.352 §6; repealed by 1979 c.190 §431]
253.040 [Amended by1957 c.641 §4; 1959 c.458 §3; 1975 c.675 §30; 1977 c.508 §10; 1979 c.190 §204;1991 c.107 §6; repealed by 1999 c.410 §67]
253.045Preparation and disposition of ballots. (1) The clerk shall print as manyabsentee ballots as may be necessary as soon as possible after receiving theinformation concerning candidates and measures to be voted on at an election,but not later than the 45th day before the election.
(2)The clerk is responsible for the safekeeping and disposition of the ballots,and shall destroy all unused ballots as soon as practicable after the election.[1979 c.190 §205; 1981 c.173 §30; 1989 c.923 §1; 1991 c.71 §7; 1991 c.107 §7;1993 c.713 §56; 1999 c.410 §28; 2007 c.154 §15]
253.050 [Repealed by1957 c.641 §23]
253.055Form and content of ballot. (1) Absentee ballots may be the regular ballotsused at the election or special ballots and, except as provided in subsection(2) of this section, shall be in substantially the same form as the regularballots used at the election.
(2)In counties in which voting machines are used, paper ballots may be used asabsentee ballots.
(3)The ballot delivered to each absent elector shall contain the names and otherinformation concerning all candidates and the information concerning allmeasures for which the absent elector is entitled to vote. In lieu of the namesand other information concerning candidates for precinct committeeperson, blankspaces shall be provided on the ballot, in which the absent elector may writethe name of a candidate for that office. [1979 c.190 §206; 1991 c.107 §8; 2007c.154 §16]
253.060 [Repealed by1957 c.641 §23]
253.065Delivery of ballot; replacement ballots. (1) For electors with mailing addressesoutside this state, the county clerk shall deliver an absentee ballot:
(a)Not later than the 45th day before the election to each long term absentelector; and
(b)Not sooner than the 29th day before the election to each elector with a mailingaddress outside this state who is not a long term absent elector.
(2)For electors with mailing addresses in this state, except if requested by theelector, absentee ballots delivered by mail shall be delivered:
(a)For primary elections and general elections, or any statewide special electionfor which a voters’ pamphlet is prepared, not sooner than the date theSecretary of State first mails the voters’ pamphlet under ORS 251.175; or
(b)In the case of an election for which a statewide voters’ pamphlet is notrequired to be prepared, not sooner than the 20th day before the date of theelection.
(3)The ballot may be delivered to the absent elector in the office of the clerk,by postage prepaid mail or by any other appropriate means.
(4)The clerk shall deliver with the ballot instructions for marking and returningthe ballot, a return identification envelope and a secrecy envelope. The name,official title and address of the clerk shall appear on the front of theenvelope. On the back shall appear a statement to be signed by the absentelector, stating that the elector:
(a)Is qualified to vote;
(b)Unless prevented by physical disability, has personally marked the ballot; and
(c)Has not unnecessarily exhibited the marked ballot to any other person.
(5)Notwithstanding subsections (1) and (2) of this section, if the county clerkreceives an application for an absentee ballot after the fifth day before anelection, the county clerk need not mail the ballot for that election but maydeliver the ballot by making it available in the office of the clerk.
(6)An elector may obtain a replacement ballot if the ballot is destroyed, spoiled,lost or not received by the elector. The county clerk shall keep a record ofeach replacement ballot provided under this subsection.
(7)A replacement ballot may be mailed or shall be made available in the office ofthe county clerk.
(8)If the county clerk determines that an elector to whom a replacement ballot hasbeen issued at the request of the elector has voted more than once, the countyclerk shall not count any ballot cast by the elector. If the county clerk isrequired to reissue ballots due to a change on the ballot for any reason, thatballot shall be counted in lieu of any previous ballot issued unless:
(a)Only the original ballot was voted and returned; or
(b)The county clerk issued a supplemental ballot that is not a completereplacement of the original ballot. [1979 c.190 §207; 1981 c.485 §1; 1989 c.923§22; 1991 c.719 §50; 1995 c.607 §34; 1999 c.318 §33; 1999 c.1002 §7]
253.070Marking and returning ballot; procedure when ballot returned to wrong countyclerk.Upon receipt of a ballot the absent elector shall mark it and comply with theinstructions provided with the ballot. The absent elector may return the markedballot to the office of the clerk, by any appropriate means. The ballot must bereceived by a county clerk not later than 8 p.m. of the day of the election. Ifa county clerk receives a ballot for an elector who does not reside in theclerk’s county, the ballot shall be forwarded to the county clerk of the countyin which the elector resides not later than the eighth day after the election. [Amendedby 1957 c.641 §5; 1969 c.676 §3; 1979 c.190 §208; 1995 c.742 §13]
253.080Duties of clerk on receipt of ballot; manner of counting ballots. (1) Uponreceipt of an envelope containing a marked absentee ballot, the clerk shallkeep it safely in the office and, before delivering the ballot for counting,shall compare the signature of the absent elector which appears on the back ofthe absentee ballot envelope with that upon the applicant’s registration card.If the signatures appear to be the same, the envelope shall be marked in orderto indicate that the ballot may be counted.
(2)Except as otherwise provided in this chapter, the absentee ballots shall becounted and returns shall be made, as nearly as possible, in the same manner asfor other ballots cast at the election. [Amended by 1957 c.641 §6; 1961 c.92 §1;1979 c.190 §209; 1991 c.107 §9; 1999 c.410 §30]
253.082 [1999 c.410 §33;repealed by 2007 c.154 §67]
253.085 [Amended by1957 c.641 §8; 1961 c.163 §1; 1979 c.190 §210; 1999 c.410 §34; repealed by 2007c.154 §67]
253.090 [Amended by1957 c.641 §9; 1961 c.92 §2; 1979 c.190 §211; 1993 c.493 §25; repealed by 2007c.154 §67]
253.095 [1979 c.190 §212;repealed by 2007 c.154 §67]
253.100 [Amended by1957 c.641 §10; 1979 c.190 §213; repealed by 2007 c.154 §67]
253.110 [Amended by1957 c.641 §11; repealed by 1979 c.190 §431]
253.120 [Amended by1957 c.641 §12; 1979 c.190 §214; 1991 c.107 §10; repealed by 2007 c.154 §67]
253.130 [Repealed by1955 c.332 §20]
253.135Special absent elector procedures. (1) An elector who, on the day of anelection, will be absent from the county in which the elector is registered mayvote at the elections office of any county clerk.
(2)An elector voting under this section shall complete and sign a voterregistration card.
(3)A ballot cast under this section shall be forwarded to the county clerk of thecounty in which the elector resides not later than the eighth day after theelection. The ballot shall be counted in the county in which the electorresides if the elector is qualified to vote in that county. A vote shall becounted only if the elector is qualified to vote for the particular office oron the measure.
(4)This section does not apply to persons registered under ORS 247.410 and247.420. [1979 c.190 §215; 1993 c.713 §30; 1995 c.742 §14; 1999 c.410 §35; 2007c.154 §17]
253.140 [Repealed by1979 c.190 §431]
253.150 [Repealed by1979 c.190 §431]
253.160 [1969 c.261 §3;1979 c.519 §25; repealed by 1979 c.190 §431]
253.210 [Amended by1957 c.641 §13; 1961 c.114 §14; repealed by 1979 c.190 §431]
253.300 [1971 c.27 §2;1979 c.190 §56; renumbered 247.435]
253.310 [1971 c.27 §3;repealed by 1979 c.190 §431]
253.320 [1971 c.27 §4;repealed by 1979 c.190 §431]
253.330 [1971 c.27 §5;repealed by 1979 c.190 §431]
LONGTERM ABSENT ELECTORS
253.500Construction of long term absent elector law. ORS 253.500 to 253.640 shall beliberally construed so that all long term absent electors may be given anopportunity to fully exercise their voting rights. [Formerly 253.670]
253.510Definitions for ORS 253.500 to 253.640. As used in ORS 253.500 to 253.640, “longterm absent elector” means a resident of this state absent from the place ofresidence and:
(1)Serving in the Armed Forces of the United States or who has been dischargedfrom the Armed Forces of the United States for not more than 30 days;
(2)Serving in the Merchant Marine of the United States or who has been dischargedfrom the Merchant Marine of the United States for not more than 30 days; or
(3)Temporarily living outside the territorial limits of the United States and theDistrict of Columbia. [1955 c.332 §1; 1957 c.641 §14; 1969 c.261 §1; 1979 c.190§217; 1993 c.493 §26]
253.515Long term absent elector procedures to conform to absentee ballot procedures. Except asotherwise provided in ORS 253.500 to 253.640, procedures relating to long termabsent electors’ ballots and special absentee ballots shall be as nearly aspossible the same as for other absentee ballots. [1979 c.190 §218; 1985 c.720 §4]
253.520 [1955 c.332 §3;1969 c.261 §4; repealed by 1979 c.190 §431]
253.530Voting by spouse and dependents of long term absent elector. (1) A spouse ordependent of a long term absent elector, temporarily living outside the countyor city in which is situated the last home residence in this state of thespouse or dependent, may vote in the same manner as a long term absent elector.
(2)A spouse or dependent of a long term absent elector, not previously a residentof this state who intends to reside in this state, shall be considered aresident of this state for voting purposes, and may vote in the same manner asa long term absent elector. The spouse or dependent shall be considered to haveresided for more than 30 days at the last residence of the long term absentelector in this state. [1955 c.332 §16; 1957 c.641 §15; 1965 c.153 §1; 1977c.508 §11; 1979 c.190 §219]
253.540Application for ballot by long term absent elector. (1) Any longterm absent elector may secure an absentee ballot by submitting an applicationas specified in subsection (2) of this section to the clerk of the county ofthe long term absent elector’s residence, or to the Secretary of State. If theapplication is addressed to the Secretary of State, the secretary shall forwardit to the appropriate county clerk.
(2)An application for an absentee ballot by a long term absent elector shall bemade in the form of a written request. The application shall be valid for everysubsequent election until the elector otherwise notifies the clerk or is nolonger an elector of the county. The application shall be signed by theapplicant and contain:
(a)The name and current mailing address of the applicant;
(b)A statement that the applicant is a citizen of the United States;
(c)A statement that the applicant will be 18 years of age or older on the date ofthe election;
(d)A statement that for more than 20 days preceding the election the applicant’shome residence has been in this state, and giving the address of the last homeresidence;
(e)A statement of the facts that qualify the applicant as a long term absentelector or as the spouse or a dependent of a long term absent elector;
(f)A statement that the applicant is not requesting a ballot from any other stateand is not voting in any other manner in the election except by the requestedabsentee ballot; and
(g)If the applicant desires to vote in a primary election, a designation of theapplicant’s political party affiliation or a statement that the applicant isnot affiliated with any political party. An applicant not affiliated with anypolitical party may request a ballot for a major political party. The applicantshall be sent the ballot for the political party that the applicant requestedif that political party has provided under ORS 254.365 for a primary electionthat admits electors not affiliated with any political party. [1955 c.332 §§7,8;1957 c.641 §16; 1973 c.827 §25; 1975 c.675 §31; 1979 c.190 §220; 1979 c.519 §26;1987 c.719 §7; 1991 c.168 §2; 1995 c.712 §49; 1999 c.999 §43]
253.545County clerk duties upon receipt of application; application as registration. (1) Uponreceipt of an application made under ORS 253.540