ORS 260.695
Prohibitions relating to voting
(1)
Intentionally left blank —Ed.(a)
If a person prints or circulates an imitation of the ballot or sample ballot:(A)
The imitation ballot or sample ballot and the back of any return envelope enclosed with the ballot or sample ballot shall state the following: “THIS IS NOT A REAL BALLOT. DO NOT USE TO VOTE.” The statement on the imitation ballot or sample ballot shall be in bold print that is at least two times as large as the majority of the text on the ballot or sample ballot or 20-point type, whichever is larger. The statement on the back of a return envelope shall be in bold print that is at least 36-point type.(B)
The word “UNOFFICIAL” must be superimposed on the imitation ballot or sample ballot so that the word extends diagonally across the ballot from one margin of the text to the other. The superimposed word may be printed in lighter ink than other text on the ballot or sample ballot.(b)
For purposes of this subsection, an imitation of the ballot or sample ballot includes an imitation of a portion of the ballot or sample ballot.(2)
Intentionally left blank —Ed.(a)
As used in this subsection, “imitation voters’ pamphlet” means a document that imitates the physical characteristics or appearance of a voters’ pamphlet or a portion of a voters’ pamphlet published by the Secretary of State or county clerk, as defined in ORS 251.005 (Definitions), under ORS chapter 251 and likely misleads or confuses a reasonable person as to whether the document is an official voters’ pamphlet or a portion of an official voters’ pamphlet in the absence of the required statement.(b)
If a person prints or circulates an imitation voters’ pamphlet, including by electronic means:(A)
Intentionally left blank —Ed.(i)
The imitation voters’ pamphlet shall state the following: “THIS IS NOT THE OFFICIAL VOTERS’ PAMPHLET.” Except as provided in sub-subparagraph (ii) of this subparagraph, the statement on the imitation voters’ pamphlet shall be in bold print that is at least 36-point type.(ii)
For an imitation voters’ pamphlet that is circulated electronically, the statement described in sub-subparagraph (i) of this subparagraph shall be in bold print in a typeface of contrasting color and in a font size that is at least three times as large as the font size used for the majority of the text in the imitation voters’ pamphlet.(B)
The word “UNOFFICIAL” must be superimposed on each page of the imitation voters’ pamphlet so that the word extends diagonally across the imitation voters’ pamphlet from one margin of text to the other. The superimposed word may be printed or displayed in lighter ink than other text on the imitation voters’ pamphlet.(3)
A person may not do any electioneering, including circulating any cards or handbills, or soliciting of signatures to any petition, within any building in which any state or local government elections office designated for the deposit of ballots under ORS 254.470 (Procedures for conducting election by mail) is located, or within 100 feet measured radially from any entrance to the building. A person may not do any electioneering by public address system located more than 100 feet from an entrance to the building if the person is capable of being understood within 100 feet of the building. The electioneering need not relate to the election being conducted. This subsection applies during the business hours of the building or, if the building is a county elections office, during the hours the office is open to the public, during the period beginning on the date that ballots are mailed to electors as provided in ORS 254.470 (Procedures for conducting election by mail) and ending on election day at 8 p.m. or when all persons waiting in line at the building who began the act of voting as described in ORS 254.470 (Procedures for conducting election by mail) (12) by 8 p.m. have finished voting.(4)
A person may not obstruct an entrance of a building in which ballots are issued or a place designated for the deposit of ballots under ORS 254.470 (Procedures for conducting election by mail) or any voting booth maintained under ORS 254.474 (Voting booths for primary and general elections) is located. This subsection applies during the period beginning on the date that ballots are mailed to electors as provided in ORS 254.470 (Procedures for conducting election by mail) and ending on election day at 8 p.m. or when all persons waiting in line at the building or location who began the act of voting as described in ORS 254.470 (Procedures for conducting election by mail) (12) by 8 p.m. have finished voting.(5)
A person may not vote or offer to vote in any election knowing the person is not entitled to vote.(6)
A person may not make a false statement about the person’s inability to mark a ballot.(7)
A person, except an elections official in performance of duties or another person providing assistance to an elector as described in ORS 254.445 (Assistance in marking ballot), may not ask a person at any place designated for the deposit of ballots under ORS 254.470 (Procedures for conducting election by mail) or at any location described in ORS 254.472 (Compartments for marking ballots) or 254.474 (Voting booths for primary and general elections) for whom that person intends to vote, or examine or attempt to examine the person’s ballot.(8)
An elections official, other than in the performance of duties, may not disclose to any person any information by which it can be ascertained for whom any elector has voted.(9)
A person, except an elections official in performance of duties, may not do anything to a ballot to permit identification of the person who voted.(10)
An elector may not willfully leave at any place designated for the deposit of ballots under ORS 254.470 (Procedures for conducting election by mail) or at any location described in ORS 254.472 (Compartments for marking ballots) or 254.474 (Voting booths for primary and general elections) anything that will show how the elector’s ballot was marked.(11)
A person, except an elections official in performance of duties, may not remove a ballot from any place designated for the deposit of ballots under ORS 254.470 (Procedures for conducting election by mail) or any location described in ORS 254.472 (Compartments for marking ballots) or 254.474 (Voting booths for primary and general elections).(12)
A person, except an elections official in performance of duties or a person authorized by that official, may not willfully deface, remove, alter or destroy a posted election notice.(13)
A person, except an elections official in performance of duties, may not willfully remove, alter or destroy election equipment or supplies, or break the seal or open any sealed package containing election supplies.(14)
A person, except an elections official in performance of duties, may not provide elections advice or attempt to collect voted ballots within any building in which any state or local government elections office designated for the deposit of ballots under ORS 254.470 (Procedures for conducting election by mail) is located, or within 100 feet measured radially from any entrance to the building.(15)
A person, except an elections official in performance of duties, may not establish a location to collect ballots voted by electors unless:(a)
The person prominently displays at the location a sign stating: “NOT AN OFFICIAL BALLOT DROP SITE”; and(b)
The sign is printed in all capital letters in bold 50-point type. [1979 c.190 §390; 1993 c.713 §37; 1999 c.318 §44; 2001 c.805 §5; 2001 c.965 §16; 2007 c.154 §55; 2007 c.881 §10; 2010 c.35 §1; 2014 c.67 §6; 2014 c.112 §6; 2021 c.291 §5; 2021 c.551 §12]
Source:
Section 260.695 — Prohibitions relating to voting, https://www.oregonlegislature.gov/bills_laws/ors/ors260.html.
Notes of Decisions
In general
Prohibition against wearing of political buttons, badges or insignia within polling place is unconstitutional infringement of elector’s right to free speech. Picray v. Secretary of State, 140 Or App 592, 916 P2d 324 (1996), aff’d 325 Or 279, 936 P2d 974 (1997)
Attorney General Opinions
Under former similar statute (ORS 260.650)
Application of prohibition against electioneering to circulation of initiative petitions, (1972) Vol 35, p 1233; poll book or public record relating to election as subject to public inspection, (1977) Vol 38, p 1318
Up to date