Application for special ballot by military or overseas elector
(1)Any military or overseas elector may secure a special ballot for a primary election or general election by making an application under this section if the elector believes that:
(a)The elector will be residing, stationed or working outside the territorial limits of the United States and the District of Columbia; and
(b)The elector will be unable to vote and return a regular ballot by normal mail delivery within the period provided for regular absent electors.
(2)A military or overseas elector shall make the application for a special ballot in the form of a written request, which may be submitted by mail, electronic mail, a facsimile machine or other means identified by the Secretary of State by rule. The elector shall submit the application before the date of the applicable election to the clerk of the county of the military or overseas elector’s residence or to the Secretary of State. If the application is addressed to the Secretary of State, the secretary shall forward it to the appropriate county clerk. The application shall be signed by the applicant and contain:
(a)The name and current mailing address of the applicant;
(b)A designation of the election for which the applicant requests a special ballot;
(c)A statement that the applicant is a citizen of the United States;
(d)A statement that the applicant will be 18 years of age or older on the date of the election;
(e)A statement that for more than 20 days preceding the election the applicant’s home residence has been in this state, and giving the address of the last home residence;
(f)A statement of the facts that qualify the applicant as a military or overseas elector or as the spouse or a dependent of a military or overseas elector;
(g)A statement of the facts that qualify the applicant to vote by means of a special ballot;
(h)A statement that the applicant is not requesting a ballot from any other state and is not voting in any other manner in the election except by the requested special ballot; and
(i)If the applicant requests a ballot for a primary election, a designation of the applicant’s political party affiliation or a statement that the applicant is not affiliated with any political party. An applicant not affiliated with any political party may request a ballot for a major political party. The applicant shall be sent the ballot for the political party that the applicant requested if that political party has provided under ORS 254.365 (Voting at primary election by major party members and nonaffiliated electors) for a primary election that admits electors not affiliated with any political party.
(3)An application for a special ballot shall be valid only for the election specified in the application.
(4)The county clerk shall list on the special ballot the offices and measures scheduled to appear on the regular ballot, if known when the ballot is prepared, and provide space in which the elector may write in the elector’s preference.
(5)The elector may write in the name of any eligible candidate for each office to be filled or for which nominations will be made at the election, and may vote on any measure submitted at the election. [1985 c.720 §2; 1987 c.719 §§8,25; 1989 c.503 §§38,39; 1995 c.712 §50; 1999 c.999 §44; 2013 c.520 §11; 2019 c.675 §3]
Atty. Gen. Opinions
Application of this chapter to election immediately after referral, (1972) Vol 36, p 140