Conduct of Elections

ORS 254.431
Special procedure for ballots challenged due to failure to sign return envelope or nonmatching signature

  • public record limitation

(1)

If a ballot is challenged because it is returned in an unsigned return identification envelope or because the signature of an elector on a return identification envelope does not match the signature in the voter registration record for the elector, the county clerk shall mail to the elector a notice that describes the nature of the challenge. The Secretary of State shall design a standard form to be used in all notifications sent by county clerks under this subsection.

(2)

(a) In order for the vote of the elector to be counted, the elector must provide evidence sufficient to disprove the challenge not later than the 14th calendar day after the date of the election. In the case of an unsigned return identification envelope, providing sufficient evidence may include completing a certified statement on a form provided by the county clerk. The Secretary of State shall design a standard form to be used for certified statements made under this paragraph.

(b)

If the elector does not provide evidence sufficient to disprove a challenge alleging that the signature of the elector on a return identification envelope does not match the signature in the voter registration record for the elector by the 14th calendar day after the date of the election, the registration of the elector shall be considered inactive.

(3)

(a) The filing officer may not release as a public record any information that could be used to identify an elector whose ballot has been challenged under this section until the eighth calendar day after the date of an election.

(b)

Following the seventh calendar day after the date of an election, the filing officer may disclose as a public record under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) the following information about each elector whose ballot was challenged under this section:

(A)

The name of the elector;

(B)

The residence addresses of the elector; and

(C)

The reason the elector’s ballot is being challenged.

(4)

As used in this section, “filing officer” means:

(a)

The Secretary of State, for federal or statewide elections and for elections to the office of state Senator or Representative; or

(b)

The county clerk, for county, city or district elections. [2013 c.695 §3; 2014 c.67 §3; 2014 c.112 §3; 2015 c.169 §5; 2017 c.749 §49]
Source

Last accessed
Jun. 26, 2021

REMOVE ADS